Solicitation Amendment - FA466124R00010002.pdf
PDF 2 MB Posted
- Attached to
- Dyess AFB Grounds Maintenance Services FY24+ Federal contract opportunity
- Solicitation number
- FA466124R0001
About this file
This document is a solicitation amendment for a Women-Owned Small Business (WOSB) contract for Grounds Maintenance Services at Dyess Air Force Base. The contract is for a firm-fixed-price arrangement with multiple line items covering a variety of grounds maintenance tasks such as improved grounds maintenance, semi-improved grounds maintenance, airfield maintenance, debris removal, leaf removal, tree/shrub pruning, tree/stump removal, plantings, and weed control. The period of performance is from July 1, 2024 to June 30, 2029, with options for additional years. This is a total small business set-aside with a North American Industry Classification System (NAICS) code of 561730 and a corresponding small business size standard. Offers are due by a specified date and time. The contract will be awarded directly to a certified 8(a) participant.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 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 NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
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 Government 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: REFERENCE 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. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Created On:
02 Apr 2024, 21:06 PM Central Daylight Time
Solicitation/Contract Form
Grounds Maintenance Services
Product Service Code: S208
FA466124R00010003
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Maintain Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Maintain Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Remove Debris/Police, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
12 Months
Leaf Removal, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
2 Months
0011 Prune Shrubs and Hedges
Pricing Arrangement: Firm Fixed Price
50 Each
Maintain Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Maintain Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Maintain Airfield, Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Maintain Airfield, Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
0016 Maintain Unimproved Grounds
Pricing Arrangement: Firm Fixed Price
1 Months
Vegetation Beds, Inert & Rock Beds, Related Areas
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
0020 Prune Trees, Small
Pricing Arrangement: Firm Fixed Price
15 Each
0021 Prune Trees, Medium
Pricing Arrangement: Firm Fixed Price
15 Each
0022 Prune Trees, Large
Pricing Arrangement: Firm Fixed Price
15 Each
Emergency Tree Pruning
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
15 Each
Emergency Tree and Stump Removal, Large
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
15 Each
Emergency Tree and Stump Removal, Medium
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
15 Each
Emergency Tree and Stump Removal, Small
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
15 Each
Planting Trees, Shrubs, and vegetative
Pricing Arrangement: Firm Fixed Price
50 Job
Weed Control
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Remove Debris/Police, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Leaf Removal, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
2 Months
Option Line Item
Prune Shrubs and Hedges
Pricing Arrangement: Firm Fixed Price
50 Each
Option Line Item
Maintain Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Maintain Unimproved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
1 Months
Option Line Item
Vegetation Beds, Inert & Rock Beds, Related Areas
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Prune Trees, Small
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Medium
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Large
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree Pruning
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Large
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Medium
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Small
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Planting Trees, Shrubs, and vegetative
50 Job
Weed Control
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Remove Debris/Police, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Leaf Removal, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
2 Months
Option Line Item
Prune Shrubs and Hedges
Pricing Arrangement: Firm Fixed Price
50 Each
Option Line Item
Maintain Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Maintain Airfield, Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Unimproved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
1 Months
Option Line Item
Vegetation Beds, Inert & Rock Beds, Related Areas
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Prune Trees, Small
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Medium
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Large
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree Pruning
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Large
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Medium
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Emergency Tree and Stump Removal, Small
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Planting Trees, Shrubs, and vegetative
Pricing Arrangement: Firm Fixed Price
50 Job
Option Line Item
Weed Control
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Remove Debris/Police, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Leaf Removal, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
2 Months
Option Line Item
Prune Shrubs and Hedges
Pricing Arrangement: Firm Fixed Price
50 Each
Option Line Item
Maintain Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Semi-Improved Grounds, NGS 3 Months
Product Service Code: S208
Option Line Item
Maintain Airfield, Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Unimproved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
1 Months
Option Line Item
Vegetation Beds, Inert & Rock Beds, Related Areas
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Prune Trees, Small
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Medium
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Large
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree Pruning
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Large
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Emergency Tree and Stump Removal, Medium
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Small
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Planting Trees, Shrubs, and vegetative
Pricing Arrangement: Firm Fixed Price
50 Job
Option Line Item
Weed Control
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Remove Debris/Police, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Leaf Removal, Improved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
2 Months
Option Line Item
Prune Shrubs and Hedges
Pricing Arrangement: Firm Fixed Price
50 Each
Maintain Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, GS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Maintain Airfield, Semi-Improved Grounds, NGS
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
3 Months
Option Line Item
Maintain Unimproved Grounds
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
1 Months
Option Line Item
Vegetation Beds, Inert & Rock Beds, Related Areas
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Option Line Item
Prune Trees, Small
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Medium
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Prune Trees, Large
Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree Pruning
30 Each
Product Service Code: S208
Option Line Item
Emergency Tree and Stump Removal, Large
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Medium
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Emergency Tree and Stump Removal, Small
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
30 Each
Option Line Item
Planting Trees, Shrubs, and vegetative
Pricing Arrangement: Firm Fixed Price
50 Job
Option Line Item
Weed Control
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
9 Months
Description/Specifications/Statement of Work
Requirements Dyess Grounds Maintenance Services
Packaging and Marking
Inspection and Acceptance
Deliveries or Performance
From 01 Jul 2024 to 30 Jun 2029
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-15 Stop-Work Order. Aug 1989
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(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.
2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ 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.
(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
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-1 Buy American-Supplies Oct 2022 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. Nov 2023 52.225-5 Trade Agreements. Nov 2023 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. (Alternate I) Aug 1996 Alternate I Jun 1985 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.242-14 Suspension of Work. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2023 52.247-21 Contractor Liability for Personal Injury and/or Property Damage. Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7022 Expediting Contract Closeout. May 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of TSgt JERIME GORSE[identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Dec 2023)
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)
(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 products and commercial services:
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(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 products and commercial services:
[Contracting Officer check as appropriate.]
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Nov 2021) (31 U.S.C. 6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[x] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[] (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).
[X] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
[X] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
[X] (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)(15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (28) 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 (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[X] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(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.)
[X] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
[ ] (44)
(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.
[ ] (45)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun2014) of 52.223-14.
[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
[ ] (47)
(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.
[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
[ ] (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
[ ] (51)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[X] (52)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1.
[ ] (53)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (NOV 2023) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (56) 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. Subtitle A, Part V, Subpart G Note).
[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
[X] (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[X] (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (67)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (3) 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] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.
chapter 67).
[ ] (5) 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).
[ ] (6) 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] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-25 Contract Definitization. (Alternate I) (Oct 2010) Alternate I (Apr 1984)
Alternate I (Apr 1984). In letter contracts awarded on the basis of price competition, add the following paragraph (d) to the basic clause:
(d) The definitive contract resulting from this letter contract will include a negotiated Firm Fixed Price[insert "price ceiling" or "firm fixed price"] in no event to exceed ____[insert the proposed price upon which the award was based].
52.216-25 Contract Definitization. (Oct 2010)
As prescribed in 16.603-4(b)(3), insert the following clause:
Contract Definitization (Oct 2010)
(a) A Firm Fixed Price[insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a Fixed-Price[insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.
(b) The schedule for definitizing this contract is ____________[insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:
(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.
(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-
(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer's determination; and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.
(End of clause)
52.217-7 Option for Increased Quantity-Separately Priced Line Item. (Mar 1989)
As prescribed in 17.208(e), insert a clause substantially the same as the following:
Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-8 Option to Extend Services. (Nov 1999)
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[insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the (a) 30_ Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit the 60 60days unless a different number of days is inserted Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed (years).(c) 5_
(End of clause)
52.219-11 Special 8(a) Contract Conditions. (Jan 2017)
As prescribed in 19.811-3(a), insert the following clause:
Special 8(a) Contract Conditions (Jan 2017)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements, delegate to the 7th Contracting Squadron[insert name of contracting agency] the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the 7th Contracting Squadron[insert name of contracting agency] shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the 7th Contracting Squadron[insert name of contracting agency].
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.
(f) To notify the 7th Contracting Squadron[insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(End of clause)
52.219-12 Special 8(a) Subcontract Conditions. (Oct 2019)
As prescribed in 19.811-3(b), insert the following clause:
Special 8(a) Subcontract Conditions (Oct 2019)
(a) The Small Business Administration (SBA) has entered into Contract No.FA466124R0001[insert number of…
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