Attachment 6-Provisions And Clauses-Clean And Sanitize Dorm Ducts v2.docx
DOCX document 47 KB Posted
- Solicitation number
- FA330026P0088
About this file
This is a Provisions and Clauses attachment document that outlines the contractual terms and conditions governing the Maxwell AFB Dorm HVAC Duct Cleaning & Sanitization project. The document establishes the regulatory framework and operational requirements for contractors performing non-personal services on the approximately 460,000 square feet of HVAC systems across specified buildings at Maxwell AFB and Gunter Annex in Alabama. The clauses address standard federal acquisition regulations, contractor responsibilities, performance standards, compliance requirements, and administrative procedures necessary for executing the two-phase duct cleaning and sanitization project under the Department of the Air Force Air Education and Training Command.
The attachment serves as a template of required contractual provisions rather than a standalone specification document, incorporating FAR-based language and standard government clauses applicable to this Air Force service contract. It does not contain specific pricing terms, response deadlines, or award dates, but instead establishes the legal and regulatory framework within which the contractor must operate, including requirements related to personnel qualifications, equipment standards, safety protocols, quality assurance measures, and compliance with federal contracting regulations specific to Air Force installations.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 6-QNA_Dorm Duct Cleaning.docx | DOCX document | |
| Attachment 6-QNA_Dorm Duct Cleaning.docx | DOCX document | |
| Attachment 3-Wage Determination-May 2026.pdf | ||
| Clean and Sanitize Dorm Combo-Amendment 0005.docx | DOCX document | |
| Attachment 6-QNA_Dorm Duct Cleaning.docx | DOCX document | |
| Attachment 2-Dorm Ducts Provision-Clauses.pdf | ||
| Clean and Sanitize Dorm Combo-Amendment 0004.docx | DOCX document | |
| Clean and Sanitize Dorm Combo-Amendment 0003.docx | DOCX document | |
| Clean and Sanitize Dorm Combo-Amendment 0002.docx | DOCX document | |
| Clean and Sanitize Dorm Combo-Amendment 0001.docx | DOCX document | |
| Attachment 4-Site Visit Sign-Dorm HVAC Ducts.docx | DOCX document | |
| Attachment 3-Wage Determination-June 2026.pdf | ||
| Attachment 1-SOW_AirDuctCleaning-Sanitize.docx | DOCX document | |
| Attachment 2-Provisions And Clauses-Clean And Sanitize Dorm Ducts.pdf | ||
| Clean and Sanitize Dorm Combo.docx | DOCX document | |
| Attachment 5-Updated Dorm Duct Drawings.pdf |
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Text version
DOCUMENT NUMBER
FA330026Q0028
CLAUSES INCORPORATED BY REFERENCE
| CLAUSE NO |
| ALT NO/ DEV NO |
| CLAUSE TITLE |
| YEAR-MO |
| SECTION |
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
| 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights. | 2022-12 | SEC I |
| 252.203-7005 | Representation Relating to Compensation of Former DoD Officials.2022-09 |
SEC K
2016-10
SEC K
2024-05
SEC I
2023-01
SEC I
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information Controls. |
| 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting. |
| 252.204-7018 | Prohibition on the Acquisition of Covered Defense |
Telecommunications Equipment or Services.
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
SEC L
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
Maduro Regime.252.225-7055 Representation Regarding Business Operations with the 2022-05
SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro 2023-01
SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang 2023-06
SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang 2023-06
SEC I
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic 2023-01
SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving 2018-12
SEC G
Reports.
252.232-7010 Levies on Contract Payments.
2006-12
SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor 2023-01 SEC I
Personnel.
252.243-7002 Requests for Equitable Adjustment.
2022-12
SEC I
252.247-7023 Transportation of Supplies by Sea.
2024-10
SEC I
52.203-11 Certification and Disclosure Regarding Payments to Influence 2024-09 SEC K
Certain Federal Transactions.
Prohibition on Contracting with Entities that Require Certain
52.203-18 Internal Confidentiality Agreements or Statements- 2017-01
SEC L
Representation.
52.203-19 Prohibition on Requiring Certain Internal Confidentiality 2017-01
Regime.
Uyghur Autonomous Region-Representation.
Uyghur Autonomous Region.
Enterprises, and Native Hawaiian Small Business Concerns.
Agreements or Statements.
| 52.203-3 | Gratuities. | 1984-04 | SEC I |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)2026-02 |
SEC I
2026-02
SEC I
2026-02
SEC L
2026-02
| 52.204-13 | System for Award Management-Maintenance. (Deviation 2026-O0038) |
| 52.204-7 | System for Award Management-Registration. (Deviation 2026-O0038) |
| 52.209-10 | Prohibition on Contracting With Inverted Domestic |
Corporations. (Deviation 2026-O0038) Protecting the Government's Interest When Subcontracting
52.209-6 With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) 2026-02
SEC I
52.219-33 Nonmanufacturer Rule. (Deviation 2026-O0038)
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-O0038)2026-02
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- 52.222-3 O0038) Convict Labor. (Deviation 2026-O0038)
2026-02
SEC I
52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02
SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) 2026-02
SEC I
52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02
SEC I
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038) 2026-02
SEC I
52.222-41 Service Contract Labor Standards. (Deviation 2026-O0038) 2026-02
SEC I
52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment. (Deviation 2026-O0038) 2026-02
SEC I
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02
SEC I
52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 2026-02
SEC I
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) 2026-02
SEC I
52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02
SEC I
52.223-4 Recovered Material Certification.
2008-05
SEC K
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
SEC I
52.229-12 Tax on Certain Foreign Procurements.
2021-02
| 52.232-33 | Payment by Electronic Funds Transfer-System for Award Management. |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors. |
2018-10 SEC I
2023-03 SEC I
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I
| 52.233-4 | Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) |
| 52.240-90 | Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038) |
2026-02 SEC I
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC I
CLAUSES IN FULL TEXT
| CLAUSE NO |
| CLAUSE TITLE |
| ALT NO/ DEV NO |
| YEAR-MO |
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
252.223-7001 Hazard Warning Labels. 1991-12
HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
| MATERIAL (If None, Insert "None.") |
| ACT |
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a)
Definitions.
As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c)
WAWF access.
To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
donald.crawford.8@us.af.mil (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
jared.kennington.1@us.af.mil (Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| F2X3CE |
| Issue By DoDAAC |
| FA3300 |
Admin DoDAAC
| Inspect By DoDAAC |
| F2X3CE |
Ship To Code
Ship From Code
Mark For Code
| Service Approver (DoDAAC) |
| F2X3CE |
| Service Acceptor (DoDAAC) |
| F2X3CE |
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.") (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
donald.crawford.8@us.af.mil (Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.219-14 Limitations on Subcontracting. (Deviation 2026-O0038) 2026-02 Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-[Contracting Officer check as appropriate.]
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits
52.223-3 Hazardous Material Identification and Safety Data. (Deviation 2026-O0038)
2026-02
Hazardous Material Identification and Safety Data (Feb 2026) (Deviation 2026-O0038)
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheet submitted under this contract.
| Material (If none, insert None) |
| Identification No. |
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items.
2008-05
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)
(a) Definitions. As used in this clause- Postconsumer materialmeans a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."
"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to [Contracting Officer complete in accordance with agency procedures].
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026-O0038)
2026-02
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.
Offeror chooses to waive the evaluation preference.
(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. 2020-06 Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision- Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror must select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
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