FA489726QA013 Solicitation - Heavy Equipment Rental.pdf
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- FA489726QA013
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This is a Combined Synopsis/Request for Quotation (RFQ) issued by Mountain Home Air Force Base for Heavy Equipment Rental services. The solicitation number is FA489726QA013, issued by 366 CON/PKA with Contracting Officer SSgt Lucas Gross and Contracting Specialist A1C Calix Delgado. Quotes are due by 10:00 AM MST on the date specified (not filled in the document), and must be submitted to both calix.delgado@us.af.mil and lucas.gross.2@us.af.mil with the RFQ number clearly identified in the subject line. This is a 100% Total Small Business Set-aside for companies meeting the NAICS 532412 code (Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing) with a size standard of $40.0 million. The Government intends to award a Firm Fixed-Price Contract.
The RFQ requires quotation for eleven contract line items (CLINs) specifying equipment rental quantities and durations: one Excavator (20 Ton, 1 month), one 2,000-gallon Water Truck (5 months), one 10-Yard Dump Truck (3 months), one 4 CY Loader (3 months), one Backhoe (2 months), one Mini Excavator (5 months), one Tracked Skid Steer (5 months), one Walk-Behind Roller (5 months), one Scissor Lift 19-foot (3.5 months), one Off-Road Scissor Lift 26-foot (3.5 months), and one Telehandler 56-foot (3.5 months). Equipment must be delivered ready for use no later than April 15, 2026, and made available for rental/use between April 1 and August 30, 2026. Payment terms are NET 30 FOB Destination. Quoters must hold prices firm for 60 calendar days from the quote receipt date, be registered in SAM under the applicable NAICS code prior to award, and submit signed copies of the RFQ with all required representations and certifications. Evaluation will be based on Price and Technical Capability, with quotes lacking sufficient product data or information deemed non-acceptable.
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Mountain Home Air Force Base, Idaho
In accordance with FAR PART 12.603(c)(2): This is a combined synopsis/solicitation for Heavy Equipment Rental prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation, FA489726QA013, is being issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-06.
RFQ Issued By: 366 CON/PKA Quotes/Offers are Due: Date Issued:
Day, Month, Year Day Month Year by 10:00 AM Local time (MST)
Contracting Officer: SSgt Gross, Lucas Number: (208) 828-1950
Email: lucas.gross.2@us.af.mil
Contracting Specialist: A1C Delgado Calix Number: (208) 828-3102
Email: calix.delgado@us.af.mil
NAICS: 532412 - Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing
PSC: WO99 - Lease or Rental of Equipment—Miscellaneous
SB Size Standard: $40.0 Million
Type of Set-
Aside:
None
Small Business
Woman Owned Small Business
HUBZone
Small Disadvantage Business Section 8(a)
Veteran-Owned Small Business Service-Disabled Veteran-Owned Small Business
This is a 100% Total Small Business Set-aside. The government intends to award a Firm Fixed-Price Contract
ATTACHMENT(s):
1. Statement of Work (SOW) - Heavy Equipment Rental mailto:lucas.gross.2@us.af.mil mailto:calix.delgado@us.af.mil
Quote Submission Information
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (SEP 2023)
Offeror’s quotation shall conform to the required CLIN structure as referenced below. Any offer not conforming to the PWS, or solicitation may be deemed unacceptable and therefore ineligible for award. It is emphasized that this solicitation is issued in accordance with the procedures of FAR Parts 13 and 13.106-2(b)(3), which are intended to streamline source selection and be minimally burdensome for both the US Government and the quoters interested in competing for this requirement. The procedures of FAR part 15.3 do not apply to this request for quote. A firm fixed price contract is anticipated. The following words stating “offer”, “offeror”, and
“proposal” are replaced with “quotation”, “vendor”, and “quote”.
Paragraph (a) first sentence revised as follows: The NAICS code and small business size standard for this acquisition appear above.
Paragraph (b)(4) is revised as follows: Descriptive literature of the items being offered in sufficient detail to evaluate compliance with the requirements in this solicitation are requested.
Paragraph (e) is revised as follows: Alternative line items will not be accepted.
(End of Provision Addendum)
Instructions to Offerors-Commercial Items, quotes shall also consist of the following:
SUBMISSION INFORMATION: The contractor shall submit a signed copy of this Combined Synopsis/Request for Quote. All solicitation amendments must be acknowledged or signed and returned with the quote.
PAST PERFORMANCE: If available, the contractor may submit past performance data on similar contracts as this requirement.
Quote Response Date & Time:
Each quoter must submit all documents to both calix.delgado@us.af.mil and lucas.gross.2@us.af.mil by the closing date stated on page one (1). Clearly identified RFQ# FA489726QA013 in the subject line.
All quoters are responsible for verifying if their quote was received by the contracting office. You may wish to to place a read/delivery receipt. Offerors are advised that delays can be experienced with the Government’s e-mail system. Additionally, the e-mail system capacity for each e-mail is 10MB (better if smaller). E-mails greater than
10MB will not be delivered and will not be considered. Therefore, quotes exceeding the size limit must be sent via multiple e-mails.
Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system mailto:calix.delgado@us.af.mil mailto:lucas.gross.2@us.af.mil
ADDITIONAL IMPORTANT INFORMATION:
1. The Quoter agrees to hold the prices in its quote firm for 60 Calander days from the date specified for receipt of the Quote.
SYSTEM FOR AWARD MANAGEMENT (SAM): The Contractor shall be registered in the SAM database and be registered under the chosen NAICS, found on page 1, prior to the award of this contract. Further information and guidance regarding SAM can be found at the SAM website: www.sam.gov.
3. Each quote should contain the contractor’s best terms from a price and technical standpoint. It is the contractor’s responsibility to ensure that there are no discrepancies presented within the information contained in its quote. Potential quotes are hereby notified that in the event there are discrepancies within information in a quote will be rejected.
4. By signing this RFQ, Offeror is agreeing to the Provision and Clauses as indicated within this solicitation.
FAR Provision *52.212-2, Evaluation -- Commercial Items, applies to this acquisition and the following evaluation is applicable:
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government and other factors considered: The following factors shall be used to evaluate offers:
1. Price
2. Technical Capability
Acceptable: The Offerors' proposed product/item(s) meets or exceeds each/all product/item(s) minimum salient characteristics and specifications stated in the requirements description/specifications document of the solicitation.
Not Acceptable: The Offerors' proposed product/item(s) does not meet each/all the product/item(s) minimum salient characteristics and specifications stated in the requirements description/specifications document of the solicitation.
Interested Offerors who submit a quote in response to this solicitation are highly encouraged to ensure their
Quote/proposal contains sufficient product data and information regarding the proposed product(s)/Item(s) that is sufficient for the Government to confirm those proposed Item(s) meet the salient characteristics and specifications outlined in the attached specifications and/or product description document(s) attached to this solicitation. If insufficient data/information is not provided as part of your quote/proposal, that quote shall be rated as “Not Acceptable.”
http://www.sam.gov/
Offeror’s Information
Name & Address: En POC:
CAGE: Phone:
UEI:
(Unique Entity Identifier)
Fax:
(Not Required)
Tax ID: (Not required w/ active SAM registration)
E-Mail:
By signing below Offeror is agreeing to the Provisions and Clauses as indicated within this solicitation as well as acknowledging they have submitted all the required submission requirements listed in addendum 52.212-1 located on page two (2) and three (3).
POC
Signature:
Date:
* The offeror is not mandated to use this page of this RFQ; however, if you chose not to use it, all of the information under Offerors information above shall be included in your submitted offer.
The following is the proposed Bid Schedule / Contract Line item(s) (CLIN) which will be used in the contract award:
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE
Excavator – 20 Ton (2 CY Bucket IAW the SOW
Months
2,000 gal Water Truck IAW the SOW 5
Months
10 Yard Dump Truck IAW the SOW 3
Months
4 CY Loader IAW the SOW 3
Months
Backhoe IAW the SOW 2
Months
Mini Excavator IAW the SOW 5
Months
PERFORMANCE PERIOD:
PAYMENT TERMS & DELIVERY:
Tracked Skid steer IAW the SOW 5
Walk-Behind Roller IAW the SOW 5
Scissor Lift
(19 ft reach) IAW the SOW 3.5
Off-Road Scissor Lift
(26 ft reach)IAW the SOW 3.5
Telehandler
(56 ft reach)IAW the SOW 3.5
The contractor shall deliver the required equipment, ready for use Not Later Than (NLT) 15 April 2026 and make equipment available for rent/use between 1 April 2026 through 30 August 2026.
The Government shall consider your “DISCOUNT TERMS” to be NET 30 FOB Destination
FA489726QC016
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE
YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials.
2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD
Officials.
252.204-7008 Compliance with Safeguarding Covered Defense Information
Controls.
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
252.204-7018 Prohibition on the Acquisition of Covered Defense
Maduro Regime.
Regime.
Uyghur Autonomous Region-Representation.
Uyghur Autonomous Region.
52.212-1 Instructions to Offerors-Commercial Products and Commercial
Services. (Deviation)
52.212-4 Terms and Conditions-Commercial Products and Commercial
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While
Driving.
2024-05 SEC I
DOCUMENT NUMBER
Telecommunications Equipment or Services.
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L
Services. (Deviation)
52.219-33 Nonmanufacturer Rule. (Deviation) 2026-02 SEC I
52.219-6 Notice of Total Small Business Set-Aside. (Deviation) 2026-02 SEC I
52.219-8 Utilization of Small Business Concerns. (Deviation) 2026-02 SEC I
52.222-3 Convict Labor. (Deviation) 2026-02 SEC I
52.222-35 Equal Opportunity for Veterans. (Deviation) 2026-02 SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation) 2026-02 SEC I
52.222-37 Employment Reports on Veterans. (Deviation) 2026-02 SEC I
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act. (Deviation)
2026-02 SEC I
52.222-50 Combating Trafficking in Persons. (Deviation) 2026-02 SEC I
52.222-54 Employment Eligibility Verification. (Deviation) 2026-02 SEC I
52.223-23 Sustainable Products. (Deviation) 2026-02 SEC I
52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I
252.225-7055 Representation Regarding Business Operations with the
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro
2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang
2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang
2023-06 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving
2018-12
SEC G
Reports.
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
2023-01 SEC I
Personnel.
252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
52.203-3 Gratuities. 1984-04 SEC I
52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I
52.204-13 System for Award Management-Maintenance. (Deviation) 2026-02 SEC I
2022-09 SEC K
2016-10 SEC K
2024-05 SEC I
2023-01 SEC I
2026-02 SEC L
2026-02 SEC I
52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I
52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award
Management.
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors.
2018-10 SEC I
2023-03 SEC I
52.233-3 Protest after Award. (Deviation) 2026-02 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation) 2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and
Certifications. (Deviation)
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation) 2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial
Services. (Deviation)
2026-02 SEC I
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I
252.244-7000 Subcontracts for Commercial Products or Commercial
Services.
2023-11 SEC I
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I
52.202-1 Definitions. 2020-06 SEC I
52.203-11 Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions.
52.203-12 Limitation on Payments to Influence Certain Federal
2024-09 SEC K
2020-06 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE
ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
Transactions.
Prohibition on Contracting with Entities that Require Certain
52.203-18 Internal Confidentiality Agreements or Statements- 2017-01 SEC L Representation.
52.222-41 Service Contract Labor Standards. (Deviation) 2026-02 SEC I
52.222-44 Fair Labor Standards Act and Service Contract Labor
Standards-Price Adjustment. (Deviation)
2026-02 SEC I
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation) 2026-02 SEC I
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered
(include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services
(include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision) https://www.sam.gov/
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
COMBO
(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 F87700
Issue By DoDAAC FA4897
Admin DoDAAC
Inspect By DoDAAC F2WTB2
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC) F2WTB2
Service Acceptor (DoDAAC) F2WTB2
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)
52.212-2 Evaluation-Commercial Products and Commercial Services.
(Deviation) 2026-02
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
[Insert evaluation factors in the relative order of importance. For requests for proposals, state:
Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.219-14 Limitations on Subcontracting. (Deviation) 2026-02
Limitations on Subcontracting (Feb 2026) (Deviation)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[Contracting Officer check as appropriate.]
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. 2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision-
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed http://www.irs.gov/w14 and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror shall select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229- 12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.
irs.gov/help/tax-law-questions.
252.215-7008 Only One Offer. 2022-12
ONLY ONE OFFER (DEC 2022)
(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-
(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and https://www/
(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.
(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at
FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.
S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
252.204-7016 Covered Defense Telecommunications Equipment or Services-
Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".
(c) Representation. The Offeror represents that it does, https://www.sam.gov/ does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-
Representation. (Deviation) 2026-02
Prohibition on Contracting with Inverted Domestic Corporations-Representation (FEB 2026)
(DEVIATION)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It is, is not an inverted domestic corporation; and
(2) It is not a subsidiary of an inverted domestic corporation.
52.209-5 Certification Regarding Responsibility Matters. (Deviation) 2026-02
Certification Regarding Responsibility Matters (Feb 2026) (Deviation)
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.219-28 Postaward Small Business Program Rerepresentation. (Deviation) 2026-02
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that 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.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that 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.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) 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 required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.
https://www.sba.gov/document/support--table-size-standards
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)
(1) of this clause.] The Contractor represents that it is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The
Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The
Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through
(c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.]
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05
Statement of Equivalent Rates for Federal Hires (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
252.211-7003 Item Unique Identification and Valuation. 2023-01
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) Definitions. As used in this clause-
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;
original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html http://www.aimglobal.org/?Reg_Authority15459
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit,…
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