FA821325R3035.pdf
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- Attached to
- Air Supply Initiator
- Solicitation number
- FA821325R3035
About this file
This is a negotiated Request for Proposal (RFP) for the procurement of Air Supply Ordnance Initiators issued by the Department of the Air Force, Directorate of Contracting at Hill Air Force Base, Utah.
The solicitation FA8213-25-R-3035 seeks 200 units of Air Supply Ordnance Initiators (NSN: 1336-01-230-5975 ES) on a firm fixed-price basis. The items are cartridge-style dual bridgewire initiators with 3-pin connectors, 1.34-inch length, constructed of stainless steel, zirconium, and potassium perchlorate materials, and classified as DODIC KY94. The manufacturer part numbers are 54181 (103377-29) and 96336 (A103676-29-MOD2). Offers must be received by July 10, 2026 at 5:00 PM local time, with an effective award date of June 9, 2026. The contractor must hold prices firm for 120 days and the contract is rated as a Defense Priorities and Allocations System (DPAS) order under 15 CFR 700 for routine national defense use. Delivery is required to Hill Air Force Base (FV2172 location, Building 1377 Bay 2) with F.O.B. origin pricing and expedited/partial deliveries authorized at no additional cost. The items are classified as aviation critical safety items and require ISO 9001:2015 compliance, unique item identification with serial numbers, and higher-level contract quality requirements. Hazardous material classification applies (Class 1.4S explosives), requiring appropriate Safety Data Sheets and shipping documentation. The acquisition is unrestricted with no small business set-aside, and contractors must meet cybersecurity maturity requirements (CMMC Level 1) for any systems processing federal contract information.
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Other files
| File | Type | Posted |
|---|---|---|
| CDRL_ASI.pdf | ||
| JQR_AirSupplyInitiator.pdf | ||
| Statement of Objectives.pdf | ||
| Section M.pdf | ||
| Item_Description_ASI.pdf | ||
| EDLs_ASI.pdf | ||
| REPSHIP.pdf | ||
| ES7034_ASI.pdf | ||
| SPI_ASI.pdf | ||
| Section L.pdf | ||
| SOW_Packaging.pdf | ||
| CADPAD_Item_marking_instructions.pdf | ||
| SOW_ADC.docx | DOCX document | |
| AIR_SPEC_ASI.docx | DOCX document |
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Text version
N
(Agency Use)
ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES
IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A
DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE
CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE
ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT
SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.
ADMINISTERED BY CODE
CONTRACTOR
OFFEROR
CODE FACILITY
CODE
PAYMENT WILL BE MADE BY CODE
TELEPHONE NUMBER
UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
PROMPT PAYMENT DISCOUNT AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 3204(a) 41 U.S.C. 253
UNDER THE UNITED STATES CODE AT: ( ) ( )
ITEM NUMBER SCHEDULE OF
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
ACCOUNTING AND APPROPRIATION DATA TOTAL AWARD AMOUNT
(For Government Use Only)
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 CONTINUATION SHEETS SUBJECT TO THE TERMS AND
CONDITIONS SPECIFIED HEREIN.
AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES
WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
SIGNATURE OF OFFEROR/CONTRACTOR 28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
NAME AND TITLE OF SIGNER (Type or Print) DATE SIGNED NAME OF CONTRACTING OFFICER
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 12/2022)
DO: A6
X
FA8213-25-R-3035 9 JUN 2026
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF
CONTRACTING
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 84056-5820
BUYER: Darin S Barnes/EBHKB darin.barnes@us.af.mil Phone: (801) 777- 0166
XFA8213
CLASSIFICATION
325920
SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE
BLOCKS 11, 13, 15, 21, 22, and 27
1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at
15 CFR 700.
RATING PAGE OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. SOLICITATION NUMBER 5. SOLICITATION TYPE
SEALED BIDS
(IFB) INVITATION
FOR BID
NEGOTIATED
(RFP) REQUEST
FOR PROPOSAL
6. SOLICITATION
ISSUE DATE
7. ISSUED BY CODE 8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
NO COLLECT CALLS
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
HISTORICALLY ELIGIBLE UNDER THE WOSB PROGRAM
UNDERUTILIZED ECONOMICALLY DISADVANTAGED
BUSINESS ZONE WOMEN-OWNED SMALL BUSINESS (EDWOSB)
(HUBZone) SMALL BUSINESS NORTH AMERICAN INDUSTRY CLASSIFICATIO
SERVICE-DISABLED VETERAN- SYSTEM (NAICS):
OWNED SMALL BUSINESS
8(A) SIZE STANDARD:
Solicitation: Offers will be received at the Issuing office until * on * . Late offers are subject to late proposal provisions incorporated herein. All offers are subject to such provisions, representations certifications and specifications as are attached or incorporated by reference.*
10-JUL-2026 5:00PM
Explosives Manufacturing X
SCD:B
(SEE ESP CLAUSE 252.232-7003.)
EFT:T14
ROUTINE.
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
EXPEDITED DELIVERY AND PARTIAL DELIVERIES AT NO ADDITIONAL COST TO THE GOVERNMENT ARE AUTHORIZED.
****Please fill out subcontractor list attachment for any subcontractors that will be assisting with this requirement, SEE LINE ITEM SCHEDULE
Total
SEE SCHEDULE
X
DATE SIGNED
Prescribed by GSA FAR (48 CFR) 53.214(d)
NO RESPONSE FOR REASONS CHECKED
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
UNABLE TO IDENTIFY THE ITEM(S) DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS
INVOLVED
OTHER (Specify)
WE DO
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVED
NAME AND ADDRESS OF FIRM (Include ZIP Code) SIGNATURE
TYPE OR PRINT NAME AND TITLE OF SIGNER
FROM: AFFIX
STAMP
HERE
TO:
SOLICITATION NUMBER
DATE AND LOCAL TIME
ATTN: Darin S Barnes/EBHKB
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 840565820
10 JUL 2026 5:00 PM
FA821325R3035
STANDARD FORM 1447 (REV. 12/2022) BACK
PART I THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
200 EA
CLIN ACRN ACRN Total
0001 AA
GROUP STOCK NO P/N CAGE
Group 001 Alternate 1336016004573 ES A10367629MOD2
NSN: 1336012305975 ES
Air Supply Ordnance Initiators CART. USES 3PIN CONNECTOR DUAL BRIDGEWIRE/COMMON RTN 1.34IN LENGTH 573IN DIA.& 625IN ACROSS HEX. MATL:
STAINLESS STEEL,ZIRC., POTASSIUM PERC. It consists of two initiators, an ignition charge, and a propellant grainpackaged inhermetically sealed stainless steel housing.
DODIC: KY94
Manufacturer Part Number 54181 10337729
96336 A10367629MOD2
Associated Document(s) Line Item(s)
FD20202250022 0002
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 9001:2015 15SEP2015
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
C FV2172 ORIGIN
Type / Ship To PACRN Mark For
C FV2172 09 ACCOUNT
Type / Ship To Quantity (U/I) To be determined _ Req No / Pri Required Delivery
C FV2172 200 EA TBD
Proposed Delivery
C FV2172 200 EA
TAC: FSNI
DATA
Item No.
Not Separately Priced Quantity U/I Unit Price
LO NSP
DATA
DATA
DATA IAW DD14231 ATTACHED EXHIBIT A
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: C FV2172
649 MUNS MXW
6024 PINE LANE
BLDG 1377 BAY 2
HILL AIR FORCE BASE UT 840565707
UNITED STATES
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
PART I THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.2462 INSPECTION OF SUPPLIESFIXEDPRICE (AUG 1996)
(IAW FAR 46.302)
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(IAW FAR 46.311, DFARS 246.202-4(1))
(a) The Contractor shall comply with the higherlevel quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*
Title Number Date Tailoring *See Individual Line Item Schedule
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR FILLIN]
Item No(s): See schedule for items with the following code(s) listed below :
Inspection Code and Address:
PART I THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c))
52.247-57 TRANSPORTATION TRANSIT PRIVILEGE CREDITS (APR 1984)
(IAW FAR 47.305-13(b)(4))
(d) The rate per CWT quoted will be used by the Government to evaluate the offered f.o.b. origin price unless a lower rate is applicable on the date of bid opening (or closing date specified for receipt of offers). To have the offer evaluated on this basis, the offeror must insert below the remaining transportation charges that the offeror agrees to pay, including any transit charges, subject to reimbursement by the Government, as explained in this clause, to destinations listed in the Schedule as follows:
RATE PER CWT IN CENTS ____________________
TO DESTINATION ____________________________
52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1984)
(IAW FAR 47.305-15(a)(2))
52.247-59 F.O.B. ORIGIN-CARLOAD AND TRUCKLOAD SHIPMENTS (APR 1984)
(IAW FAR 47.305-16(a))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address
[CONTRACTOR FILLIN]
HAZARDOUS CLASSIFICATION (MAY 1998)
(IAW FAR 47.305-9(c))
For the purpose of identifying commodity description and freight classification of explosives and other dangerous supplies, the following applies.
Hazardous Classification Line Item 0001
Hazardous Class Division 1.4 Storage Compatibility Group S
DOT Marking EX1987070195 DOT Class 1.4S DOT Label 1.4S
UN Serial No 0454 UN Proper Ship Name IGNITERS
Freight Classification
PART I THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (standalone) and “Receiving Report” (standalone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(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 or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(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) For technical WAWF help, contact the WAWF helpdesk at 8666185988.
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 57 43020 . 15 4 LC HN 25ALCM 4E27A0 81103 11122F 503000 F03000 $0.00
PSR: 249604 FSR: 099673 DSR: 176183
REFERENCE:
AA F2DCDE5342A0010000AA
ACRN TOTAL $ 0.00
PART II CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
52.202-1 DEFINITIONS (JUN 2020)
(IAW FAR 2.201)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
(IAW FAR 3.503-2)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
(IAW FAR 3.808(b))
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (JAN 2023)
(IAW DFARS 203.570-3)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)
(IAW DFARS 204.7109(a))
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)
(IAW Class Deviation 2024-O0013 Rev. 1)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(IAW DFARS 209.270-5)
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
Line Item Description
0001 NSN: 1336012305975ES
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
(IAW FAR 11.604(b))
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“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/uniqueid.html.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/uniqueid.html.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.2327003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021)
(IAW FAR 15.408(f)(1))
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (OCT 2022)
(IAW FAR 19.1309(b))
(b) Waiver of evaluation preference.
__ Offeror elects to waive the evaluation preference.
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(IAW DFARS 223.304)
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
ACT MATERIAL (If None, Insert “None.”) LI 0001 None LI 0002 None
252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (NOV 2023)
(IAW DFARS 223.370-5)
252.223-7003 CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES
(DEC 1991)
(IAW DFARS 223.370-5)
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
252.223-7009 PROHIBITION OF PROCUREMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM FIRE-FIGHTING AGENT FOR USE ON MILITARY INSTALLATIONS
(MAR 2024)
(IAW DFARS 223.7404)
52.224-3 PRIVACY TRAINING (JAN 2017)
(IAW FAR 24.302(a))
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024)
(IAW DFARS 225.1101(2)(i) and (2)(ii))
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022)
(IAW DFARS 225.1101(3))
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
(IAW DFARS 225.7003-5(a)(1), DFARS 212.301(f)(xxiv))
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (JAN 2023)
(IAW DFARS 225.7003-5(a)(2), DFARS 212.301(f)(xxv))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)
(IAW DFARS 225.7002-3(a))
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND
TUNGSTEN (MAY 2024)
(IAW DFARS 225.7018-5)
252.225-7061 RESTRICTION ON THE ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT
AND CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS (JAN 2023)
(IAW DFARS 225.7023-4)
52.226-7 DRUG-FREE WORKPLACE (MAY 2024)
(IAW FAR 26.506)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (MAY 2024)
(IAW FAR 26.605)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023)
(IAW DFARS 226.104)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
(IAW FAR 27.201-2(a)(1))
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
(IAW FAR 27.201-2(b))
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(IAW FAR 29.401-3(a))
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
(IAW 29.402-3(b))
52.232-1 PAYMENTS (APR 1984)
(IAW FAR 32.111(a)(1))
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(IAW FAR 32.111(b)(1))
52.232-11 EXTRAS (APR 1984)
(IAW FAR 32.111(c)(2))
52.232-17 INTEREST (MAY 2014)
(IAW FAR 32.611(a), FAR 32.611(b))
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(IAW FAR 32.806(a)(1))
52.232-25 PROMPT PAYMENT (JAN 2017)
(IAW FAR 32.908(c))
(a) Invoice payments—
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
(IAW FAR 32.1110(a)(1))
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(IAW FAR 32.706-3)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
(IAW FAR 32.009-2)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
(IAW DFARS 232.7004(a))
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;
(2) DoD is unable to receive a payment request or provide acceptance in electronic form;
(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or
(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoDapproved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).
(d) The Contractor shall submit any nonelectronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
52.242-13 BANKRUPTCY (JUL 1995)
(IAW FAR 42.903)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
(IAW DFARS 243.205-70)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)
(IAW DFARS 243.205-71)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
(IAW FAR 46.805(a)(1))
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)
(IAW DFARS 246.370(a), DFARS 212.301(f)(xii))
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
(IAW FAR 47.104-4(a), FAR 47.104-4(b))
52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)
(IAW FAR 47.208-2)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (OCT 2024)
(IAW DFARS 247.574(a) and (a)(1))
252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (JUN 2012)
(IAW DFARS 247.207)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 2012)
(IAW FAR 49.502(b)(1)(i))
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(IAW FAR 49.504(a)(1))
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
(IAW FAR 52.107(b))
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Regulations URLs: (Click on the appropriate regulation.)
https://acquisition.gov/browse/index/far https://acquisition.gov/dfars https://acquisition.gov/affars
NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).
52.204-7 System for Award Management-Registration. (Deviation 2026- O0038) 2026-
52.204-10 Awards. (Deviation 2026-O0038) 2026-02
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)
2026-02
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) 2026-02
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters. (Deviation 2026-O0038) 2026-02
52.211-5 Material Requirements. (Deviation 2026-O0038) 2026-02
52.215-2 Audit and Records-Negotiation. (Deviation 2026-O0038) 2026-02
52.215-8 Order of Precedence-Uniform Contract Format. (Deviation
2026-O0038) 2026-02
52.216-1 Type of Contract. (Deviation 2026-O0038) 2026-02
Type of Contract (FEB 2026) (DEVIATION 2026-O0038)
The Government contemplates award of a firm fixed price contract resulting from this solicitation.
(End of provision)
52.219-8 Utilization of Small Business Concerns. (Deviation 2026-O0038) 2026-02
52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) 2026-02
52.219-16 Liquidated Damages-Subcontracting Plan. (Deviation 2026- O0038) 2026-02
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
(Deviation 2026-O0038) 2026-03
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.
(Deviation 2026-O0038) 2026-02
52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)
2026-02
52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02
52.222-40 Notification of Employee Rights Under the National Labor Relations Act.
(Deviation 2026-O0038) 2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026- O0038) 2026-04
52.233-1 Disputes. (Deviation 2026-O0038) 2026-02
52.233-2 Service of Protest. (Deviation 2026-O0038) 2026-02
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
2026-02
52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038) 2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) 2026-02
52.253-1 Computer Generated Forms. (Deviation 2026-O0038) 2026-02
52.209-1 Qualification Requirements. (Deviation 2026-O0038) 2026-02
Qualification Requirements (Feb 2026) (Deviation 2026-O0038)
(a) Definition. As used in this clause-
Qualification requirement means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract.
For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract.
The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
(Name) ____
(Address) ____
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name ____
Manufacturer's Name____
Source's Name ____
Item Name ____
Service Identification ____
Test Number ____ (to the extent known)
(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question.
If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.
(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract will not be delayed to permit an offeror to submit evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification.
Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
(End of clause)
52.209-7 Information Regarding Responsibility Matters. (FEB 2026) (DEVIATION 2026- O0038)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of ContractAppeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options;
and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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
[ ]has
[ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204- 7).
(End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038)
2026-02
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law (FEB 2026) (DEVIATION 2026-O0038)
(a) The Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) [ ]It is
[ ]is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2)[ ] It is
[ ]is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.209-13 Violation of Arms Control Treaties or Agreements-Certification. (Deviation 2026-O0038) 2026-02
Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026-O0038)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
(1) The Offeror certifies that-
[ ](i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verificationand-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-armscontrol-verification-and-compliance/; or
[ ](2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision).
For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation.
However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to
NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has
(i) Waived application under 22 U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).
(e) Remedies. The certification in paragraph (b)(1) 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 submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of provision)
52.223-3 Hazardous Material Identification and Safety Data. (Deviation 2026-O0038) 2026-02
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheet submitted under this contract.
Material (If none, insert None) Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Deviation
2026-O0038) 2026-02
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026- O0038)
(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…
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