Solicitation Amendment - FA461020Q00330001.pdf
PDF 381 KB Posted
- Attached to
- Vandenberg Air Force Base Tree Trimming IDIQ Federal contract opportunity
- Solicitation number
- FA461020Q0033
About this file
This solicitation is for a 5-year tree trimming IDIQ contract at Vandenberg Air Force Base. Required services include spot pruning and maintenance, small, medium, and large tree removal both with and without herbicide treatment, and small, medium, and large stump grinding. Questions are due no later than September 1, 2020 at 1:00PM PDT and must use the attached template. The Department of the Air Force Space Command is the issuing agency.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 2 Pricing Schedule.xlsx | XLSX spreadsheet | |
| Solicitation Amendment FA461020Q00330001 SF 30.pdf | ||
| Attachment 5 SCA WD-2015-5468 Rev 10.pdf | ||
| Solicitation - FA461020Q0033.pdf | ||
| Attachment 1 PWS Tree IDIQ 20191216.pdf | ||
| Attachment 2 Pricing Schedule.xlsx | XLSX spreadsheet | |
| Attachment 3 Past Performance Questionnaire.docx | DOCX document | |
| Attachment 4 DOD_Pesticides List 20191101.pdf | ||
| Attachment 6 Question and Answer Template.docx | DOCX document |
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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
FA461020Q00330001
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
1001 Ordering Period 1 Firm Fixed Price
Lot
1001AA Spot Pruning & Maintenance Firm Fixed Price
Hours
1001AB
Small Tree Removal W/o Herbicide Treatment (24" Diameter or Less) Firm Fixed Price
Each
1001AC
Medium Tree Removal W/o Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
1001AD
Large Tree Removal w/o Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
1001AE
Medium Tree Removal W/ Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
1001AF
Large Tree Removal W/ Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
1001AG Small Stump Grinding (1"-24" Diameter) Firm Fixed Price
Each
1001AH
Medium Stump Grinding (25"-60" Diameter) Firm Fixed Price
Each
1001AJ Large Stump Grinding (61"-86" Diameter) Firm Fixed Price
Each
1001AK Emergency Service Calls Firm Fixed Price
Hours
2001 Ordering Period 2 Firm Fixed Price
Lot
2001AA Spot Pruning & Maintenance Firm Fixed Price
Hours
2001AB
Small Tree Removal W/o Herbicide Treatment (24" Diameter or Less) Firm Fixed Price
Each
2001AC
Medium Tree Removal W/o Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
2001AD
Large Tree Removal w/o Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
2001AE
Medium Tree Removal W/ Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
2001AF
Large Tree Removal W/ Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
2001AG Small Stump Grinding (1"-24" Diameter) Firm Fixed Price
Each
2001AH
Medium Stump Grinding (25"-60" Diameter) Firm Fixed Price
Each
2001AJ Large Stump Grinding (61"-86" Diameter) Firm Fixed Price
Each
2001AK Emergency Service Calls Firm Fixed Price
Hours
3001 Ordering Period 3 Firm Fixed Price
Lot
3001AA Spot Pruning & Maintenance Firm Fixed Price
Hours
3001AB
Small Tree Removal W/o Herbicide Treatment (24" Diameter or Less) Firm Fixed Price
Each
3001AC
Medium Tree Removal W/o Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
3001AD
Large Tree Removal w/o Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
3001AE
Medium Tree Removal W/ Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
3001AF
Large Tree Removal W/ Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
3001AG Small Stump Grinding (1"-24" Diameter) Firm Fixed Price
Each
3001AH
Medium Stump Grinding (25"-60" Diameter) Firm Fixed Price
Each
3001AJ Large Stump Grinding (61"-86" Diameter) Firm Fixed Price
Each
3001AK Emergency Service Calls Firm Fixed Price
Hours
4001 Ordering Period 4 Firm Fixed Price
Lot
4001AA Spot Pruning & Maintenance Firm Fixed Price
Hours
4001AB
Small Tree Removal W/o Herbicide Treatment (24" Diameter or Less) Firm Fixed Price
Each
4001AC
Medium Tree Removal W/o Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
4001AD
Large Tree Removal w/o Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
4001AE
Medium Tree Removal W/ Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
4001AF
Large Tree Removal W/ Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
4001AG Small Stump Grinding (1"-24" Diameter) Firm Fixed Price
Each
4001AH
Medium Stump Grinding (25"-60" Diameter) Firm Fixed Price
Each
4001AJ Large Stump Grinding (61"-86" Diameter) Firm Fixed Price
Each
4001AK Emergency Service Calls Firm Fixed Price
Hours
5001 Ordering Period 5 Firm Fixed Price
Lot
5001AA Spot Pruning & Maintenance Firm Fixed Price
Hours
5001AB Small Tree Removal W/o Herbicide Treatment (24" Diameter or Less) Firm Fixed Price
Each
5001AC
Medium Tree Removal W/o Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
5001AD
Large Tree Removal w/o Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
5001AE
Medium Tree Removal W/ Herbicide Treatment (25"-60" Diameter) Firm Fixed Price
Each
5001AF
Large Tree Removal W/ Herbicide Treatment (61"-96"+ Diameter) Firm Fixed Price
Each
5001AG Small Stump Grinding (1"-24" Diameter) Firm Fixed Price
Each
5001AH
Medium Stump Grinding (25"-60" Diameter) Firm Fixed Price
Each
5001AJ Large Stump Grinding (61"-86" Diameter) Firm Fixed Price
Each
5001AK Emergency Service Calls Firm Fixed Price
Hours
Description/Specifications/Statement of Work
Requirements VAFB Tree Trimming IDIQ
Packaging and Marking
Inspection and Acceptance
1001 Inspection and Acceptance Location Both Destination Instructions: Contact Bill for Instructions
DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR
SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Email: william.gile@us.af.mil Telephone: 805-606-1936
2001 Inspection and Acceptance Location Both Destination Instructions: Contact Bill for Instructions
DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR
SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Email: william.gile@us.af.mil Telephone: 805-606-1936
3001 Inspection and Acceptance Location Both Destination Instructions: Contact Bill for Instructions
DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR
SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Email: william.gile@us.af.mil Telephone: 805-606-1936
4001 Inspection and Acceptance Location Both Destination Instructions: Contact Bill for Instructions
DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR
SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Email: william.gile@us.af.mil Telephone: 805-606-1936
5001 Inspection and Acceptance Location Both Destination Instructions: Contact Bill for Instructions
DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR
SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Email: william.gile@us.af.mil Telephone: 805-606-1936
Deliveries or Performance
Contractor Destination
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Telephone: 805-606-1936 Email: william.gile@us.af.mil
Period of Performance From
01 SEP 2020
To
31 AUG 2021
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Telephone: 805-606-1936 Email: william.gile@us.af.mil
Period of Performance From
01 SEP 2021
To
31 AUG 2022
3001 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Telephone: 805-606-1936 Email: william.gile@us.af.mil
Period of Performance From
01 SEP 2022
To
31 AUG 2023
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Telephone: 805-606-1936 Email: william.gile@us.af.mil
Period of Performance From
01 SEP 2023
To
31 AUG 2024
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F4D3D1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CEOES
AF BPN NO MILSBILLS OR SHIPPING
1172 ICELAND AVE BLDG 11439
VANDENBERG AFB, CA 93437 6011
UNITED STATES
OfficeCode:
Bill Gile Telephone: 805-606-1936 Email: william.gile@us.af.mil
Period of Performance From
01 SEP 2024
To
31 AUG 2025
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card. 2018-05
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
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 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.
(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.
(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 item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [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 Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code ____ Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) 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.
JORDAN FELICIANO, 805-606-2181, jordan.feliciano.1@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)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09
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 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-33 Nonmanufacturer Rule. 2020-03 52.222-3 Convict Labor. 2003-06 52.222-17 Nondisplacement of Qualified Workers. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-41 Service Contract Labor Standards. 2018-08 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 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 52.224-3 Privacy Training. 2017-01 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-18 Availability of Funds. 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-36 Payment by Third Party. 2014-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07 52.247-21 Contractor Liability for Personal Injury and/or Property Damage. 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. 1992-04 252.204-7008 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. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 Alternate I Buy American and Balance of Payments Program. - (Alternate I) 2017-12 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2019-04
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. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.
(End of clause)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in 9.104-7 (d), insert the following provision:
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
The Offeror represents that-(b)
It is(1) is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
It is(2) is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division 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)).
(2) 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).
(3) 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).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 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.]
____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
__X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
____ (5) [Reserved].
____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
____ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Oct 2015) (31 U.S.C. 6101note).
__X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
____ (10) [Reserved].
____ (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
____ (ii) Alternate I (Mar 2020) of 52.219-3.
____ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (Mar 2020) of 52.219-4.
____ (13) [Reserved]
__X__ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).
____ (ii) Alternate I (Mar 2020).
____ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
____ (ii) Alternate I (Mar 2020) of 52.219-7.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__X__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Mar 2020) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9
____ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__X__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
__X__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
__X__ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__X__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
__X__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
____ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
_X___ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__X__ (30)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
____ (ii) Alternate I (Feb 1999) of 52.222-26.
__X__ (31)
(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
____ (ii) Alternate I (Jul 2014) of 52.222-35.
__X__ (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
____ (ii) Alternate I (Jul 2014) of 52.222-36.
__X__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__X__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__X__ (35)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
__X__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
____ (40)
(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Oct 2015) of 52.223-13.
____ (41)
(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (43)
(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
____ (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
____ (ii) Alternate I (Jan 2017) of 52.224-3.
__X__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__X__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.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.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__X__ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__X__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
____ (62)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
____ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has 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.]
__X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_X___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, 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.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 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)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow 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-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division 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).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further 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.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(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 for small business concerns or 8(a) participants;(1)
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 small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(3) (i)(F); and
Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).(4)
By submission of an offer and execution of a contract, the Contractor agrees that in performance of the (c) Limitations on subcontracting.
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.
The Contractor shall comply with the limitations on subcontracting as follows:(d)
For contracts, in accordance with paragraph (b)(1) and (2) of this clause-(1)
[ ] 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.
For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.(2)
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2020-05
As prescribed in 19.309(c)(1), insert the following clause:
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 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 and the size standard 13 CFR part 121 in paragraph (d) 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 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.
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 (b) 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)
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 (c) 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) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a (e) construction or service contract, is 500 employees.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) 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.
If 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) required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (h) 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:
The Contractor represents that it(1) is, is not a small business concern under NAICS Code assigned to contract number .____ ____
[ .] The Contractor (2) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause represents that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ ] The Contractor (3) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself ] The Contractor represents that-as a women-owned small business concern in paragraph (h)(3) of this clause.
It(i) 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
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(4)(i) of this clause is accurate 13 CFR part 127 for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the
Each WOSB concern .]WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:____ eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a ] The Contractor represents that-women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.
It(i) is, is not an EDWOSB 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
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(5)(i) of this clause is accurate 13 CFR part 127 for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed ____ copy of the EDWOSB representation.
[ ] The Contractor (6) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that it is, is not a veteran-owned small business concern.
[ ] The (7) Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
Contractor represents that it is, is not a service-disabled veteran-owned small business concern.
[ ] The Contractor (8) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
represents that-
It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for…
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