FA852624Q0008.pdf

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Attached to
C-17 PSE: Gage Assembly, Air Pressure Federal contract opportunity
Solicitation number
FA8526-24-Q-0008
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Robins Air Force Base

About this file

This solicitation is for a firm-fixed price contract to provide seventeen Gage Assembly - Air Pressure units to support the C-17 Landing Gear program. The solicitation will be awarded as an 8(a) direct award set-aside for a small business. The units are National Stock Number 6685-01-529-3128 and will include a First Article, First Article Test Plan, and First Article Test Report. Delivery is FOB Destination to locations within the continental United States. Proposals are due by March 28, 2024 at 4:00 PM EST and will be evaluated based on past performance and responsibility criteria. The soliciting agency is the Department of the Air Force Materiel Command Lifecycle Management Center located at Robins Air Force Base. All data related to this weapon system is export controlled.

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Other files for this federal contract opportunity

Other files attached to C-17 PSE: Gage Assembly, Air Pressure, newest first.
File Type Posted
FORM_158.pdf PDF
C-17_PSE_Solicitation_Template-FA8526-XX-Q-XXXX-Rev_B.xlsx XLSX spreadsheet
CDRL_A002_Test_Inspection_17G130483-1.pdf PDF
EDL.pdf PDF
NDA.pdf PDF
MANDATORY_SHIPPING_DOCUMENTS.docx DOCX document
CDRL_A001_Test_Inspection_17G130483-1.pdf PDF
FORM_1653.pdf PDF
CDRL_A003_IUID_Marking_Plan_EN.pdf PDF

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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

J

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

FA8526-24-Q-0008

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO.

FD2060-24-30287

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/OR

DMS REG.1

RATING

DO: A1

5a. ISSUED BY CODE: FA8526

C-17 SUSTAINMENT, AFLCMC/WLMKA

660 11TH ST

CML PHN 478 222 0122

ROBINS AFB GA 31098-2428

BUYER: Bobby B. Mitchell/WLMKB bobby.mitchell.8@us.af.mil Phone: (478) 222- 0122 Fax: (000) 000-0000 No Collect Calls

6. DELIVERY BY (Date)

SEE SCHEDULE

SCD:B

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME

Bobby B Mitchell

b. COMPANY

TELEPHONE NUMBER

AREA CODE

(478 )

NUMBER

222 -0122

8. TO

a. NAME

7. DELIVERY

FOB DESTINATION OTHER

(See Schedule) X

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

28 MAR 2024

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

d. CITY e. STATE

c. COUNTY

c. TITLE (Type or print) NUMBER

b. STREET ADDRESS

a. NAME OF QUOTER

CAGE:

13. NAME AND ADDRESS OF QUOTER

NOTE: Additional provisions and representations are are not attached.X

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print) b. TELEPHONE

AREA CODE

d. CALENDAR DAYS

NUMBER PERCENTAGE

c. 30 CALENDAR DAYS (%)b. 20 CALENDAR DAYS (%)a. 10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT

PAYMENT

SEE SCHEDULE

ROUTINE RESTRICTED UNDER THE PROVISIONS OF SECTION 8(a) OF THE SMALL BUSINESS

ACT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

NAICS CODE: 336413

SIZE STD: 1,250

This requirement consists of PR FD2060‐23‐30287 This is a competitive 8(a) Set-Aside.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

FOLD FOLD

SOLICITATION NO. FA852624Q0008

DUE: 28 -MAR -2024

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Bobby B Mitchell/WLMKB

C-17 SUSTAINMENT, AFLCMC/WLMKA

660 11TH ST

CML PHN 478 222 0122

ROBINS AFB GA 31098-2428

FA8526-24-Q-0008

SUPPLIES OR SERVICES AND PRICES/COSTS

NOTE: RELEASE OF C17 UNIT PRICES TO SUPPORT CONTRACTOR

MANAGEMENT OF C17 AIRCRAFT (OCT 2011)

The Boeing Company (CAGE 88277) has been assigned as the Product Support Integrator (PSI) for the Air Force's C17 weapon system. As PSI, Boeing is responsible for managing all sustainment issues for the aircraft. This includes the assignment as contractor Inventory Control Point (ICP) manager. In order for Boeing to accomplish their PSI responsibilities, C17 contract unit prices and delivery information must be made available. The information required is usually on the DD Form 250 shipping document or Wide Area Workflow (WAWF) Receiving Report. This notice is to inform you contract unit prices and delivery information of C17 items will be provided to Boeing (via DD Form 250 or WAWF Receiving Report) for purpose of accomplishing C17 PSI and contractor ICP responsibilities. Your offer in response to this solicitation or acceptance of any subsequent contract award constitutes consent to provide this information to Boeing for the purposes outlined herein.

ELECTRONIC RESPONSES ARE AUTHORIZED (MAR 2003) (IAW FAR 13.003(F))

In accordance with FAR 13.003(f), electronic commerce method to receive proposals, modifications, and revisions is permitted and preferred. Buyer and Contracting Officer's email addresses for submissions are listed on the front page of this document.

For First Article Waiver Information see "First Article Applicability and/or Conditions for Waiver" on page 38. Bid A is for offerors who are required to produce the First Article; Bid B is for offerors who are exempt from production of a First Article according to the expressed terms in paragraph (f) on page 38.

Note 1 to Contractors: In order to be determined responsive and have your proposal accepted, interested contractors must submit their proposals using the attached C17 PSE Solicitation Template, carefully adhering to the CONTRACTOR INSTRUCTIONS in the first tab of the spreadsheet. Offerors must ensure they annotate the proposed labor hours and rates for each applicable line item, carefully following the examples and guidance within each tab. The spreadsheet is tailorable to an extent in order to accommodate adding more rows and columns as necessary so that contractors can propose properly.

Failure to submit your proposal in accordance with the guidance in this template could render your proposal being ineligible for award.

Note 2 to Contractors: Determination of Responsiveness In addition to ensuring responsiveness by submitting your proposal in accordance with the abovementioned PSE Solicitation Template, contractors MUST also ensure they fully annotate their proposed prices within this solicitation document on the applicable CLINs and complete all representations and certifications listed in the Representations, Instructions and Evaluations section in the back pages of this document.

Failure to properly and accurately document your proposed prices on the applicable CLINs and annotate the certifications and representation requested in this solicitation package could result in an interested offeror being determined non-responsive and, therefore, ineligible for award. Contractors must also complete and sign the front page of this solicitation document, ensuring all applicable information (Name, Address, and CAGE) is documented, and ensure it is submitted with your proposal package.

Note 3 to Contractors: The Technical Data Package (TDP) associated with this requirement contains data proprietary to The Boeing Company. In order to receive access to the TDP, interested offerors must complete and sign the attached non-disclosure agreement (NDA) which must be emailed to the PCO and Buyer. Upon receipt of the NDA, the PCO or Buyer will email a link where you can download the TDP via the DODSafe website.

Note 4 to Contractors: Notice to offerors: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offer for any costs.

Note 5 to Contractors: As an addendum to the Quality Assurance Standard listed in the Schedule, at a minimum, the contractor shall comply with ISO 9001, AS9100, NATO AQAP 2070 or an equivalent quality management standard for inhouse quality management. For quality management systems that are not certified or that are equivalent to ISO 9001, AS9100, or NATO AQAP 2070, a DCMA auditor is required to verify the contractor's quality management system.

Note 6 to Contractors: OCONUS Shipments Only: "Contact DCMA Transportation on ALL "DCMA Administered" contracts prior to shipment for shipping instructions using the DCMA Shipment Instruction Request (SIR) eTool System at http://www.dcma.mil for ALL FOB : Origin, Foreign Military Sales (FMS), and FOB : Destination OCONUS/Export movements to obtain the appropriate DOD regulatory clearances, shipping documentation and instructions from your cognizant DCMA Transportation Office. If you are new to DCMA, and do not already have a SIR eTool account, you will first need to request an account via DCMA External Web Access Management (EWAM) application which can be accessed at http://www.dcma.mil .

If you need additional assistance, email DCMA TRansportation Group at : Transportation.Division@dcma.mil. Do not move any freight to a water or aerial port prior to contacting DCMA or it will become frustrated." Failure to contact DCMA may result in additional expenditures borne by the vendor." The Contractor shall provide a DD Form 1449 for each shipment prior to DCMA notification. The DD Form 1449 will be included with each shipment.

First Article Required

Gage Assembly-Air Pressure Item No.

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify. See note 5 on Page 3.

Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

IUID Required: Yes

Packaging Instructions : Items shall be packed IAW MIL-STD-2073-1 and marked IAW MIL-STD-129. Shipping and storage markings shall be IAW MIL-STD-129.

Bid A- First Article Required

First Article Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

FA

First Article Gage Assembly-Air Pressure Associated Document(s) Line Item(s)

FD20602430287 0001

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ EB1260 DESTINATION

Class I ODS Substance Application/Use Quantity

NONE

None Type / Ship To PACRN Mark For

+ EB1260 PAA

Type / Ship To Quantity (U/I) *ARO Date contract is awarded _ Req No / Pri

Required Delivery

+ EB1260 1 EA *330 Calendar Days FE441821090107 / PRI: R

Proposed Delivery

+ EB1260 1 EA

Shipment of First Article is NOT authorized until the First Article has been approved and authorization is granted by the Procuring Contracting Officer.

Accelerated delivery is acceptable if at no additional cost to the Government.

Bid A -Production Units

Gage Assembly-Air Pressure Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

16 EA

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Priority: R ROUTINE Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ EB1260 DESTINATION

Type / Ship To PACRN Mark For

+ EB1260 PAA

Type / Ship To Quantity (U/I) *ARO Approval of

First Article _ Req No / Pri

Required Delivery

+ EB1260 16 EA *60 Calendar Days

Bid A -Production Units

Gage Assembly-Air Pressure Proposed

+ EB1260 16 EA

Bid A- First Article Required

Data in Support of CLIN 0001 Item No.

DATA

IAW attached DD Forms 1423 Associated Document(s) Line Item(s)

FD20602430287 0006

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: Standard Inspection

First Article Test/Inspection Procedures and Plan (FAT/IPP)

First Article Test Plan Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

FATP

First Article Test Plan

IAW CDRL A001

Exhibit: A Type / Ship To PACRN Mark For

C17 PSE Engineers Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

1 LO *60 Calendar Days

Proposed

1 LO

First Article Test/Inspection Procedures and Report (FAT/IPR)

First Article Test Report Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

FATR

First Article Test Report

IAW CDRL A002

Exhibit: A Type / Ship To PACRN Mark For

C17 PSE Engineers Type / Ship To Quantity (U/I) *ARO Date of contract award _ Req No / Pri

Required Delivery

1 LO *240 Calendar Days

Proposed Delivery

1 LO

Bid B- First Article NOT Required

Gage Assembly, Air Pressure Item No.

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify. See note 5 on Page 3..

Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

IUID Required: Yes

Packaging Instructions : Items shall be packed IAW MIL-STD-2073-1 and marked IAW MIL-STD-129. Shipping and storage

Bid B- First Article NOT Required

Production-Boeing Warehouse Item No.

0003AA

Firm Fixed Price Quantity U/I Unit Price Amount

17 EA

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

Type / Ship To PACRN Mark For

+ EB1260 PAA C17 ANG

Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

+ EB1260 17 EA *120 Calendar Days FE652013370053 / PRI: R

Proposed Delivery

+ EB1260 17 EA

Item Unique Identification (IUID) Marking Plan

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

DATA

IUID Marking Plan

IAW CDRL A003

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: Standard Inspection Type / Ship To PACRN Mark For

C-17 PSE Engineering Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

1 LO *75 Calendar Days

Proposed

Item Unique Identification (IUID) Marking Plan

1 LO

Option I can be exercised from time to time, at any time, for a period of 365 days after award, or after approval of the First Article, whichever is later, not to exceed a quantity of three (3) each. Multiple Option periods may be exercised simultaneously. An Option is determined to have been exercised when transmitted electronically by email. Subline items may be established at the time of Option exercise.

Option I

Gage Assembly- Air Pressure Item No.

Firm Fixed Price From Quantity U/I To Quantity U/I Amount

1 EA 3 EA

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify. See note 5 on Page 3.

Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

IUID Required: Yes Type / Ship To PACRN Mark For

PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

1 EA

*120 Calendar Days

Proposed Delivery

1 EA

Packaging Instructions : Items shall be packed IAW MIL-STD-2073-1 and marked IAW MIL-STD-129. Shipping and storage

Option II can be exercised from time to time, at any time, for a period of 730 days after award, or after approval of the First Article, whichever is later, not to exceed a quantity of three (3) each. Multiple Option periods may be exercised simultaneously. An Option is determined to have been exercised when transmitted electronically by email. Subline items may be established at the time of Option exercise.

Option II

Gage Assembly-Air Pressure Item No.

Firm Fixed Price From Quantity U/I To Quantity U/I Amount

1 EA 3 EA

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify. See note 5 on Page 3.

Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

IUID Required: Yes Type / Ship To PACRN Mark For

PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

1 EA

*120 Calendar Days

Proposed Delivery

1 EA

Packaging Instructions : Items shall be packed IAW MIL-STD-2073-1 and marked IAW MIL-STD-129. Shipping and storage

Option III can be exercised from time to time, at any time, for a period of 1095 days after award, or after approval of the First Article, whichever is later, not to exceed a quantity of three (3) each. Multiple Option periods may be exercised simultaneously. An Option is determined to have been exercised when transmitted electronically by email. Subline items may be established at the time of Option exercise.

Option III

Gage Assembly-Air Pressure Item No.

Firm Fixed Price From Quantity U/I To Quantity U/I Amount

1 EA 3 EA

NSN: 6685-01-529-3128 BA

Gage Assembly-Air Pressure Manufacturer Part Number 88277 17G130483-1 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify. See note 5 on Page 3..

Applicability: GLOBEMASTER III Advanced Cargo Aircraft ;

IUID Required: Yes Type / Ship To PACRN Mark For

PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

1 EA

*120 Calendar Days

Proposed Delivery

1 EA

Packaging Instructions : Items shall be packed IAW MIL-STD-2073-1 and marked IAW MIL-STD-129. Shipping and storage

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + EB1260

Boeing Warehouse Logisitcs C17 Dock Door 14, CP(304 ) 5964430 2145 Anvil Block Rd, BLDG 58-06 Forest Park Ga 30297

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2023)

(IAW DAFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.

The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Thomas (Tom) Eller, D.B.A. at 478 222 -4097 , FAX 000 000 -0000 , email thomas.eller.1@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.

Such inquiries shall be directed to the contracting officer.

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))

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022)

(IAW DFARS 203.970)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

(IAW FAR 4.1403(a))

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(IAW FAR 4.1105(b))

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(IAW FAR 4.1903)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021)

(IAW FAR 4.2004)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(IAW 4.2105(b))

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(IAW FAR 4.2203)

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 (JAN 2023)

(IAW DFARS 204.7304(c))

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))

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

(IAW DFARS 204.7304(e))

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(IAW FAR 9.308-1(a)(1), FAR 9.308-1(b)(1))

(a) The Contractor shall test ** unit(s) of Lot/Item * as specified in this contract. At least *** calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

*Lot/Item ***Calendar Days Before Test **Quantity 0001 30 1

(b) The Contractor shall submit the first article test report within ___**___ calendar days from the date of this contract to ___***___ marked "FIRST ARTICLE TEST REPORT: Contract No. Lot/Item No. ___*___” Within ___****___ calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item ****Approval Days ELIN No.

0001 60 A002

FA Test Report Item ***Type/Location **Calendar Days

0002AB 240

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(The above Clause/Provision has been modified.)

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING -- ALTERNATE I (JAN 1997)

(IAW FAR 9.308-1(a)(2), FAR 9.308-1(b)(2))

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING -- ALTERNATE II (SEP 1989)

(IAW FAR 9.308-1(a)(3), FAR 9.308-1(b)(3))

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(MAY 2019)

(IAW DFARS 209.409)

FIRST ARTICLE TEST, CERTIFICATION AND DISPOSITION REQUIREMENTS

(FEB 1998)

(IAW FAR 9.308-2)

Test criteria are as follows:

Lot/Item Government Test/Inspection Requirements

Lot/Item Contractor Test/Inspection Requirements 0001 (See Below)

Contractor Testing Requirements Performance or other characteristics which the First Articles must meet are : Dimension certifications within tolerances, material and manufacturing process certifications-proof/leak pressure test, workmanship.

Disposition of the First Article shall be as follows:

Lot/Item Approved 0001 Forwarded to: EB1260

Lot/Item Disapproved 0001 Returned to the contractor

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.

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 211.274-6(a)(1), 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/unique-id.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/unique-id.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 252.232-7003. 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.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JUN 2023)

(IAW FAR 13.302-5(d))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.

117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(ix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(x) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(xi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jun 2023).

(viii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222–6 or 52.222–41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system).

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). 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):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

(IAW FAR 17.208(e))

The Contracting Officer may exercise the option by written notice to the Contractor within 15 Days After Notification .

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023)

(IAW Deviation 2021-O0008 Rev 1.)

(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 subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); 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) Limitations on subcontracting. 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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(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…

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