FA461020Q0021 Aerobics Instructors 20200612.pdf
PDF 263 KB Posted
- Attached to
- Vandenberg AFB Aerobics Instructors Federal contract opportunity
- Solicitation number
- FA461020Q0021
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Group Fitness Closing Checklist.xlsx | XLSX spreadsheet | |
| RFI QAs Aerobics Inst 20200626.docx | DOCX document | |
| RFI QAs Aerobics Inst 20200622.docx | DOCX document | |
| Atch 2 SCA WD 2015-5647 Rev 9 20191223.pdf | ||
| Atch 1 PWS Aerobics Instructor Rev 23 Apr 2020.docx | DOCX document | |
| Atch 3 Past Performance Questionnaire 20200504.docx | DOCX document |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
FA461020Q0021
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Sep 2020 - 30 Jun 2021. Point of Contact (POC): Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil, Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
10.0 Months
Option Line Item
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Jul 2021 - 30 Jun 2022. Point of Contact (POC): Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil, Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
12.0 Months
Option Line Item
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Jul 2022 - 30 Jun 2023. Point of Contact (POC): Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil, Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
12.0 Months
Option Line Item
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Jul 2023 - 30 Jun 2024. Point of Contact (POC): Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil,
12.0 Months
Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
Option Line Item
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Jul 2024 - 30 Jun 2025. Point of Contact (POC): Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil, Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
12.0 Months
Option Line Item
Services, non-personal: Contractor to provide all necessary supplies, equipment, manpower, and supervision to instruct aerobics and fitness classes at Vandenberg, AFB (VAFB) in accordance with attachment 1, Performance Work Statement (PWS). POP: 1 Jul 2025 - 31 Dec 2025. Point of Contact (POC):
Thomas Anastasio, Asst Director, Fitness and Sports Center, 30 FSS/FSVS 805.606.3834, thomas.anastasio@us.af.mil, Elaina Ealy, Resource Advisor, FSS/FSR 805.606.3296, elaina.ealy.1@us.af.mil Product Service Code: U099 Firm Fixed Price
6.0 Months
Description/Specifications/Statement of Work
Requirements Aerobics and Fitness Instructor at Vandenberg, AFB.
Packaging and Marking
Inspection and Acceptance
0001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Option Line Item 5001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS
PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG
AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Email: thomas.anastasio@us.af.mil Telephone: 805.606.3834
Deliveries or Performance
Contractor Destination
Delivery Schedule Ship To Address
Delivery Period
01 SEP 2020
30 JUN 2021
10.0 Months
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 SEP 2020
To
30 JUN 2021
Option Line Item 1001 Delivery Schedule Ship To Address
Delivery Period
01 JUL 2021
30 JUN 2022
12.0 Months
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 JUL 2021
To
30 JUN 2022
Option Line Item 2001
Delivery Schedule Ship To Address
Delivery Period
01 JUL 2022
30 JUN 2023
12.0 Months
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 JUL 2022
To
30 JUN 2023
Option Line Item 3001 Delivery Schedule Ship To Address
Delivery Period
01 JUL 2023
30 JUN 2024
12.0 Months
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 JUL 2023
To
30 JUN 2024
Option Line Item 4001 Delivery Schedule Ship To Address
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
Delivery Period
01 JUL 2024
30 JUN 2025
12.0 Months
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 JUL 2024
To
30 JUN 2025
Option Line Item 5001 Delivery Schedule Ship To Address
Delivery Period
01 JUL 2025
31 DEC 2025
6.0 Months
Ship To DoDAAC: F4D3F3 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 FSS FSR
AF BPN NO MILSBILLS PROCESSES
1036 CALIFORNIA BLVD
VANDENBERG AFB, CA 93437 6202
United States
OfficeCode:
Thomas Anastasio Telephone: 805.606.3834 Email: thomas.anastasio@us.af.mil
Period of Performance From
01 JUL 2025
To
31 DEC 2025
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Alternate I Stop-Work Order. - (Alternate I) 1989-08
Contract Administration Data
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
Wide Area Workflow Payment Instructions (DEC 2018)
(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 System (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):
"Invoice 2in1"
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(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*
Pay Official DoDAAC F87700 Issue By DoDAAC FA4610 Admin DoDAAC** FA4610 Inspect By DoDAAC FA4610 Ext F4D3F3 Ship To Code F4D3F3 Ship From Code TBD Mark For Code FA4610 Ext F4D3F3 Service Approver (DoDAAC) FA4610 Ext F4D3F3 Service Acceptor (DoDAAC) FA4610 Ext F4D3F3 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAA N/A
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.
Invoice and Resource Advisor: Elaina Ealy, elaina.ealy.1@us.af.mil Contract Specialist, Sonia Wasserman, sonia.wasserman@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.232-7007 Limitation of Government's Obligation. 2014-04
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.
1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Notice of Total Small Business Set-Aside. 2020-03 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.222-3 Convict Labor. 2003-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-41 Service Contract Labor Standards. 2018-08 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.232-18 Availability of Funds. 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Alternate I Protest after Award. - (Alternate I) 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06
AFFARS Clauses Incorporated by Reference
Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS
(MAR 2020)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, (1) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities ( 2018) (Section 1634 of Pub. L. 115-91).Jul
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2019) (3) Aug (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations ( 2015).(4) Nov
52.233-3, Protest After Award ( 1996) (31 U.S.C. 3553).(5) Aug
52.233-4, Applicable Law for Breach of Contract Claim ( (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(6) Oct 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government ( 2006), with Alternate I ( 1995) (41 U.S.C. 4704 and 10 U. ____ (1) Sept Oct
S.C. 2402).
52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509)). ____ (2) Oct
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( 2010) (Section 1553 of ____ (3) June
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards ( 2018) (Pub. L. 109-282) (31 U.S. ____ (4) Oct
C. 6101 note).
[Reserved]. ____ (5)
52.204-14, Service Contract Reporting Requirements ( 2016) (Pub. L. 111-117, section 743 of Div. C). ____ (6) Oct
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts ( 2016) (Pub. L. 111-117, section 743 of ____ (7) Oct
Div. C).
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for ____ (8)
Debarment. ( 2015) (31 U.S.C. 6101 note).Oct
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters ( 2018) (41 U.S.C. 2313). ____ (9) Oct
[Reserved]. ____ (10)
____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( 2011) (15 U.S.C.657a).(i) Nov
Alternate I ( 2011) of 52.219-3. ____ (ii) Nov
____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( 2014) (if the offeror elects to (i) Oct waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
Alternate I ( 2011) of 52.219-4. ____ (ii) Jan
[Reserved] ____ (13)
____ (14) 52.219-6, Notice of Total Small Business Set-Aside ( 2011) (15 U.S.C.644).(i) Nov
Alternate I ( 2011). ____ (ii) Nov
Alternate II ( 2011). ____ (iii) Nov
____ (15) 52.219-7, Notice of Partial Small Business Set-Aside ( 2003) (15 U.S.C. 644).(i) June
Alternate I ( 1995) of 52.219-7. ____ (ii) Oct
Alternate II ( 2004) of 52.219-7. ____ (iii) Mar
52.219-8, Utilization of Small Business Concerns ( 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (16) Oct
____ (17) 52.219-9, Small Business Subcontracting Plan ( 2018) (15 U.S.C. 637(d)(4))(i) Aug
Alternate I ( 2016) of 52.219-9. ____ (ii) Nov
Alternate II ( 2016) of 52.219-9. ____ (iii) Nov
Alternate III ( 2016) of 52.219-9. ____ (iv) Nov
Alternate IV (Aug 2018) of 52.219-9 ____ (v)
52.219-13, Notice of Set-Aside of Orders ( 2011) (15 U.S.C. 644(r)). ____ (18) Nov
52.219-14, Limitations on Subcontracting ( 2017) (15 U.S.C.637(a)(14)). ____ (19) Jan
52.219-16, Liquidated Damages-Subcontracting Plan ( 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (20) Jan
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( (15 U.S.C. 657f). ____ (21) Oct 2019)
52.219-28, Post Award Small Business Program Rerepresentation ( 2013) (15 U.S.C. 632(a)(2)). ____ (22) Jul
52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)
Concerns ( 2015) (15 U.S.C. 637(m)).Dec
52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)
Owned Small Business Program ( 2015) (15 U.S.C. 637(m)).Dec
52.222-3, Convict Labor ( 2003) (E.O.11755). ____ (25) June
(E.O.13126). ____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)
52.222-21, Prohibition of Segregated Facilities ( 2015). ____ (27) Apr
____ (28) 52.222-26, Equal Opportunity ( 2016) (E.O.11246).(i) Sept
Alternate I ( 1999) of 52.222-26. ____ (ii) Feb
____ (29) 52.222-35, Equal Opportunity for Veterans ( 2015) (38 U.S.C. 4212).(i) Oct
Alternate I ( 2014) of 52.222-35. ____ (ii) July
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(i) Jul
Alternate I (July 2014) of 52.222-36. ____ (ii)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). ____ (31) Feb 2016
52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). ____ (32) Dec
____ (33) 52.222-50, Combating Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O. 13627).(i) Jan
Alternate I ( 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Mar
52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of ____ (34) Oct 2015 commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items ( 2008) (42 U.S.C. 6962(c)(3)(i) May
(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I ( 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off- ____ (ii) May the-shelf items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( 2016) (E.O. 13693). ____ (36) Jun
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( 2016) (E.O. 13693). ____ (37) Jun
____ (38) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment ( ) (E.O.s 13423 and 13514).(i) Jun 2014
Alternate I ( 2015) of 52.223-13. ____ (ii) Oct
____ (39) 52.223-14, Acquisition of EPEAT?-Registered Televisions ( ) (E.O.s 13423 and 13514).(i) Jun 2014
Alternate I ( 2014) of 52.223-14. ____ (ii) Jun
52.223-15, Energy Efficiency in Energy-Consuming Products ( ) (42 U.S.C. 8259b). ____ (40) Dec 2007
____ (41) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products ( ) (E.O.s 13423 and 13514).(i) Oct 2015
Alternate I ( 2014) of 52.223-16. ____ (ii) Jun
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( ) (E.O. 13513). ____ (42) Aug 2011
52.223-20, Aerosols ( 2016) (E.O. 13693). ____ (43) Jun
52.223-21, Foams ( 2016) (E.O. 13693). ____ (44) Jun
____ (45) 52.224-3 Privacy Training ( 2017) (5 U.S.C. 552 a).(i) Jan
Alternate I ( 2017) of 52.224-3. ____ (ii) Jan
52.225-1, Buy American-Supplies ( 2014) (41 U.S.C. chapter 83). ____ (46) May
____ (47) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.(i) May
S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I ( 2014) of 52.225-3. ____ (ii) May
Alternate II ( 2014) of 52.225-3. ____ (iii) May
Alternate III ( 2014) of 52.225-3. ____ (iv) May
( ) (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). ____ (48) 52.225-5, Trade Agreements Oct 2019 et seq
52.225-13, Restrictions on Certain Foreign Purchases ( 2008) (E.O.'s, proclamations, and statutes administered by the Office of ____ (49) June
Foreign Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of ____ (50) Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside ( 2007) (42 U.S.C. 5150). ____ (51) Nov
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area ( 2007) (42 U.S.C. 5150). ____ (52) Nov
52.232-29, Terms for Financing of Purchases of Commercial Items ( 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (53) Feb
52.232-30, Installment Payments for Commercial Items ( 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (54) Jan
52.232-33, Payment by Electronic Funds Transfer-System for Award Management ( 2018) (31 U.S.C. 3332). ____ (55) Oct
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management ( 2013) (31 U.S.C.3332). ____ (56) Jul
52.232-36, Payment by Third Party ( 2014) (31 U.S.C.3332). ____ (57) May
52.239-1, Privacy or Security Safeguards ( 1996) (5 U.S.C. 552a). ____ (58) Aug
52.242-5, Payments to Small Business Subcontractors ( 2017) ____ (59) Jan (15 U.S.C. 637(d)(13)).
____ (60) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.(i) Feb
C. 2631).
Alternate I ( 2003) of 52.247-64. ____ (ii) Apr
Alternate II ( 2006) of 52.247-64. ____ (iii) Feb
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ ]Contracting Officer check as appropriate.
52.222-17, Nondisplacement of Qualified Workers ( 2014)(E.O. 13495). ____ (1) May
52.222-41, Service Contract Labor Standards ( 2018) (41 U.S.C. chapter 67). ____ (2) Aug
52.222-42, Statement of Equivalent Rates for Federal Hires ( 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (3) May
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ( ____ (4)
2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Aug
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment ( 2014) (29 U.S.C. 206 and 41 U. ____ (5) May
S.C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)
Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ( ____ (7)
2014) (41 U.S.C. chapter 67).May
52.222-55, Minimum Wages Under Executive Order 13658 ( 2015). ____ (8) Dec
52.222-62, Paid Sick Leave Under Executive Order 13706 ( 2017) (E.O. 13706). ____ (9) Jan
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). ____ (10) May
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509).(i) Oct
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.219-8, of Small Business Concerns ( 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further (v) Utilization Oct subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-17, of Qualified Workers ( 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) (vi) Nondisplacement May of FAR clause 52.222-17.
52.222-21, of Segregated Facilities ( 2015).(vii) Prohibition Apr
52.222-26, Opportunity ( 2015) (E.O.11246).(viii) Equal Sept
52.222-35, Opportunity for Veterans ( 2015) (38 U.S.C.4212).(ix) Equal Oct
52.222-36, Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(x) Equal Jul
52.222-37, Reports on Veterans ( 2016) (38 U.S.C.4212)(xi) Employment Feb
52.222-40, of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). Flow down required (xii) Notification Dec in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Contract Labor Standards ( 2018) (41 U.S.C. chapter 67).(xiii) Service Aug
(xiv) 52.222-50, Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O 13627).(A) Combating Jan
Alternate I ( 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).(B) Mar
52.222-51, from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xv) Exemption Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May
52.222-53, from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ((xvi) Exemption 2014) (41 U.S.C. chapter 67).May
52.222-54, Eligibility Verification ( ) (E.O. 12989).(xvii) Employment Oct 2015
52.222-55, Wages Under Executive Order 13658 ( 2015).(xviii) Minimum Dec
52.222-62, Sick Leave Under Executive Order 13706 ( 2017) (E.O. 13706).(xix) Paid Jan
(xx) 52.224-3, Training ( 2017) (5 U.S.C. 552a).(A) Privacy Jan
Alternate I ( 2017) of 52.224-3.(B) Jan
52.225-26, Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of (xxi) Contractors Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). Flow down required in (xxii) Promoting May accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, for Privately Owned U.S.-Flag Commercial Vessels ( 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.(xxiii) Preference Feb 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. 1999-11
As prescribed in 17.208(f), insert a clause substantially the same as the following:
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. 2000-03
As prescribed in 17.208(g), insert a clause substantially the same as the following:
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years, and 10 Months.
(End of clause)
52.219-14 Limitations on Subcontracting. 2020-03
As prescribed in 19.507(e), insert the following clause:
LIMITATIONS ON SUBCONTRACTING (MAR 2020)
This clause does not apply to the unrestricted portion of a partial set-aside.(a)
. This clause applies only to-(b) Applicability
Contracts that have been set aside small business concerns or 8(a) participants;(1) for
Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;(2)
Orders set aside for 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(3) small business concerns or (i)(F); and
(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for-
. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for (1) Services (except construction) employees of the concern.
. The concern shall perform work for at least 50 percent of (2) Supplies (other than procurement from a nonmanufacturer of such supplies) the cost of manufacturing the supplies, not including the cost of materials.
. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its (3) General construction own employees.
. The concern will perform at least 25 percent of the cost of the contract, not including the cost (4) Construction by special trade contractors of materials, with its own employees.
(d) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraph (b)(1) and (2) 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 (b)(3) and (4) of this clause, by the end of the performance period for the order.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2020-03
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2020)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of Small business concern operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on paragraph (d) a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) corresponds to the North American Industry Classification System (NAICS) assigned to this contract. The small business size standard code(s) corresponding to this NAICS can be found at http://www.sba.gov/content/table-small-business-size-standards.code(s) small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a (e) The construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not (g) If required to, take the actions required by of this clause.paragraphs (f) or (h)
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number .____ ____
.(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause
] The Contractor represents that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
] The Contractor represents that it is, is not a women-owned small business concern.
[(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. Complete only if the Contractor represented itself ] as a women-owned small business concern in paragraph (h)(3) of this clause. The Contractor represents that-
(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are .]participating in the joint venture:____ Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
[(5) Economically disadvantaged women-owned small business (EDWOSB) concern. Complete only if the Contractor represented itself as a women-owned small business…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .