Solicitation - FA860125Q0085.pdf
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- Helium Leak Detector System
- Solicitation number
- FA860125Q00085
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This is a Combined Synopsis/Solicitation for a Helium Leak Detector System issued by the Air Force Materiel Command Lifecycle Management Center at Wright Patterson Air Force Base. The solicitation (FA860125Q00085) seeks a single Helium Leak Detector System through a Firm Fixed Price (FFP) commercial procurement using Simplified Acquisition Procedures. The requirement is a 100% small business set-aside under NAICS code 334519 with a size standard of 600 employees.
Key details include quotes due on 05 May 2025 at 10:00 AM EST, with delivery required within 8 weeks after contract award. Offerors must submit electronic quotes to Contract Specialist Toussaint Lesly and Contracting Officer Raschelle Swindle, with quotes evaluated on two primary factors: 1) ability to comply with Statement of Work requirements, and 2) lowest price technically acceptable. Vendors must be registered in the System for Award Management (SAM), provide a complete description of equipment, and hold quote prices firm for 60 calendar days. The government reserves the right to conduct interchanges with offerors or cancel the solicitation at any time.
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Combined Synopsis/Solicitation
AFLCMC/PZI Installation Contracting Support
Wright Patterson AFB, OH 45323
Date: 24 April 2025
Title: Helium Leak Detector System
Request for Quote (RFQ) / Solicitation Number: FA860125Q00085
Quotes Due: 05 May 2025 at 10:00 AM EST
Contact Point(s): Toussaint Lesly, Contract Specialist; lesly.toussaint.4@us.af.mil
Contact Point(s): Raschelle Swindle, Contracting Officer;
raschelle.swindle@us.af.mil
1. Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information, included in this notice. This announcement constitutes the only solicitation; quotes are being requested and an additional written solicitation will not be issued. The solicitation is conducted as a commercial procurement using Simplified Acquisition Procedures (FAR Part 13). This notice is expected to result in award of a Firm Fixed Price (FFP) contract for a commercial commodity to the responsible offeror who submits a quotation that: (1) conforms to the requirements, (2) complies with the minimum requirements stated in the Statement of Work (SOW) as evidenced by providing a complete description of the equipment provided, and (3) that submits the quotation with the lowest price technically acceptable, provided that the price is determined to be fair and reasonable.
The Government reserves the right to conduct interchanges with some, none, or all offerors, or make no award at all depending upon: 1) the quality of quotations received, and 2) whether proposed prices are determined to be fair and reasonable.
This requirement shall include 100% small business set aside under NAICS 334519 with a size standard of 600 Employees.
Requirement: Helium Leak Detector System.
CLIN Supplies Quantity Unit 0001 Helium Leak Detector System 1 Each
2. Period of Performance: The delivery is required within (8) eight weeks after contract award.
3. Request for Information (RFIs): The Government will accept questions concerning solicitation number FA860125Q0085 02 May 2025 at 1:00 PM EST. Email your questions on a .pdf, .doc, .docx, .xls or .xlsx document to lesly.toussaint.4@us.af.mil and raschelle.swindle@us.af.mil. Any questions received after this date and time may not be considered.
4. Quotes Due Date: Quotes must be submitted electronically to the Contract Specialist via e-mail at lesly.toussaint.4@us.af.mil and Contracting Officer at raschelle.swindle@us.af.mil.
Quotes must conform to the requirements of this solicitation and be received no later than 05 May at 10:00 AM EST. It is the responsibility of the offeror to ensure that the quote and its attachments are received. Any correspondence sent via e-mail must contain the subject line “FA860125Q0085, Helium Leak Detector System” The entire quotation must be contained in a single e-mail that does not exceed 5 megabytes including attachments, if any. E-mails with compressed files are not permitted. Note that e-mail filters at Wright-Patterson Air Force Base are designed to filter e-mails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the specified subject line is not included, the e-mail may not get through the e-mail filters. Also be advised that .zip or .exe files are not allowable attachments and may be deleted by the email filters at Wright-Patterson. If sending attachments with email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent. The email filter may delete any other form of attachments. If a DoDSafe drop off is needed, please notify the contract specialist or contracting officer at least 48 hours before quotes are due. Any quotes received after designated closing date and time need not be considered. Quotes must include aggregate total of base plus all option year CLINS, if requested (IAW FAR 52.217-5 Evaluation of Options). All quotes shall conform to the Contract Line Item Number (CLIN) structure of attached solicitation.
5. Notice to Vendor(s): The Government reserves the right to cancel this solicitation, either before or after the closing date.
6. Period of Acceptance of Quotes: Offeror agrees to hold prices in its quote firm for 60 calendar days from the date specified for receipt of offers.
7. SAM Registration: Firms submitting a quote for the solicitation described herein, MUST be registered in the System for Award Management (SAM) database, or risk the quote as being non-responsive, regardless of the package being considered complete, timely or any other salient consideration. Information to register on SAM can be found at the web site, SAM.gov.
8. Provisions and Clauses: See solicitation attachment for applicable provisions and clauses.
Offerors shall compete and include in quotations all representations and certifications, as well as all fill-in provisions and clauses, contained within this solicitation. Additionally, quotations that contain pricing only with no description/detail of the equipment that will be provided will not be accepted or considered for award.
List of Attachments:
1) Solicitation
2) Statement of Work (SOW)
PLEASE REVIEW & PROVIDE ALL INFORMATION BELOW:
Shipping/transportation will be FOB: Destination
Pricing Quoted (GSA, open market, etc.): ____________________________
Payment Terms: ________________________ Delivery Date: ________________________
Company Name (as registered in SAM): ___________________________________________
UEI: _____________________________ CAGE: ____________________________________
POC: _________________________________ Telephone: _____________________________
E-Mail: ________________________________
Warranty Information: _________________________________________________________
Solicitation/Contract Form Helium Leak Detector System
Product Service Code: 6680
FA860125Q0085
Supplies or Services & Prices or Costs Additional Information/Notes
Item Supplies / Services Quantity Unit Unit Price Amount
AFIT Helium Leak Detector System - Base supply in accordance with the Statement of Work
Device Type: Helium Leak Detection System Product Service Code: 6680 Pricing Arrangement: Firm Fixed Price
1 Each
Description/Specifications/Statement of Work Requirements
AFIT Department of Engineering Physics is looking for a helium leak detector system. A helium leak detector is used in conjunction with dry helium gas as a tracer gas to locate and measure very small leaks in an enclosed device or systems.
Packaging and Marking
Inspection and Acceptance
Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes
Delivery Schedule 8 Weeks after Receipt of Award
1 Each Ship To DoDAAC: F4F5AR CountryCode: USA
F4F5AR AFIT ENP
AF BPN NO MLSBLS PROC CP9372558400, 2950
HOBSON WAY BLDG 640 RM 219
WRIGHT PATTERSON AFB, OH 45433-7765
UNITED STATES
Greg Smith, Email: gregory.smith.18@us.af.mil
FoB Details Contractor Destination
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.247-34 F.o.b. Destination. Nov 1991
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.
Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before WAWF training.
submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.
contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice and Receiving Report (COMBO) after delivery
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.
payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F03000
Issue By DoDAAC FA8601
Admin DoDAAC FA8601
Inspect By DoDAAC N/A
Ship To Code F4F5AR
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.
with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(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.
N/A
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.222-3 Convict Labor. Jun 2003 52.223-23 Sustainable Products and Services. May 2024 52.232-11 Extras. Apr 1984 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.245-9 Use and Charges. Apr 2012
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services. (Jan 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement (a) provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the (1) (Jan 2017) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section (2) (Dec 2023) 1634 of Pub. L. 115-91).
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. (3) (Nov 2021) L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(5) (Mar 2023)
52.233-3, Protest After Award (31 U.S.C. 3553).(6) (Aug 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(7) (Oct 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by (b) reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (Applies to (3) (Jun 2010) contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or (4) (Nov 2023) applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).X (5) (Jun 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).X (9) (Jun 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency (10) Contracts. (Pub. L. 115-390, title II).(Dec 2023)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).(11)
Alternate I of 52.204-30.(ii) (Dec 2023)
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, it shall so (16) Oct 2022 indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).X (18)
Alternate I of 52.219-6.(ii) (Mar 2020)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).(19)
Alternate I of 52.219-7.(ii) (Mar 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).(21)
Alternate I of 52.219-9.(ii) (Nov 2016)
Alternate II of 52.219-9.(iii) (Nov 2016)
Alternate III of 52.219-9.(iv) (Jun 2020)
Alternate IV of 52.219-9.(v) ( )Jan 2025
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).(22)
Alternate I of 52.219-13.(ii) (Mar 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the (25) SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).X (26)
Alternate I of 52.219-28.(ii) (Mar 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (15 U.S.(27) Oct 2022 C. 637(m)).
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business (28) Program ( ) (15 U.S.C. 637(m)).Oct 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
[Reserved](33)
[Reserved](34)
(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
Alternate I of 52.222-35.(ii) (Jul 2014)
X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
Alternate I of 52.222-36.(ii) (Jul 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf (Jan 2025) items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the (41) acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).X (42) (May 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).X (46) (May 2024)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).(47)
Alternate I of 52.224-3.(ii) (Jan 2017)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).(48)
Alternate I of 52.225-1.(ii) (Oct 2022)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. (49) 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (Jan 2025)
Alternate III of 52.225-3.(iv) (Feb 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control X (51) (Feb 2021) of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense (52) Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).X (55) (May 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).(65)
Alternate I of 52.247-64.(ii) (Apr 2003)
Alternate II of 52.247-64.(iii) (Nov 2021)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being (c) incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 (3) (Aug 2018) and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).(4)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-(5) Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.(6) (May 2014) C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than (d) Comptroller General Examination of Record sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the (1) Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until (2) 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This (3) does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR (e) clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (Nov 2021)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(ii) (Nov 2023)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the (iii) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section (iv) (Dec 2023) 1634 of Pub. L. 115-91).
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. (v) (Nov 2021) L. 115-232).
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(vi) (Jun 2023)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).(vii)
Alternate I of 52.204-30.(B) (Dec 2023)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If (viii) ( )Jan 2025 the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
[Reserved](ix)
(x) [Reserved]
52.222-26, Equal Opportunity (E.O.11246).(xi) (Sep 2016)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(xii) (Jun 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(xiii) (Jun 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(xiv) (Jun 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in accordance with (xv) (Dec 2010) paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xvi) (Aug 2018)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).(xvii)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (Mar 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-(xviii) Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.(xiv) (May 2014) C. chapter 67).
(xx) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xxi) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xxii) (Jan 2022)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(xxiii)
Alternate I of 52.224-3.(B) (Jan 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National Defense (xxiv) (Oct 2016) Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of (xxv) (Jun 2020) FAR clause 52.226-6.
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in (xxvi) accordance with paragraph (c) of 52.232-40.
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (xxvii) (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in (xxviii) (Nov 2021) accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)
Postaward Small Business Program Rerepresentation (Jan 2025)
(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 (d) 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 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 (f) of this clause or, if applicable, paragraph (h) 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) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-
(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and
(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).
(d) 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.
(e) 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.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) 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 (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that-
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [____The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[____Contractor to sign and date and insert authorized signer's name and title.]
(End of clause)
52.229-10 State of New Mexico Gross Receipts and Compensating Tax. (Apr 2003)
State of New Mexico Gross Receipts and Compensating Tax (Apr 2003)
Within thirty (30) days after award of this contract, the Contractor shall advise the State of New Mexico of this contract by registering with the State of New (a) Mexico, Taxation and Revenue Department, Revenue Division, pursuant to the Tax Administration Act of the State of New Mexico and shall identify the contract number.
The Contractor shall pay the New Mexico gross receipts taxes, pursuant to the Gross Receipts and Compensating Tax Act of New Mexico, assessed against (b) the contract fee and costs paid for performance of this contract, or of any part or portion thereof, within the State of New Mexico. The allowability of any gross receipts taxes or local option taxes lawfully paid to the State of New Mexico by the Contractor or its subcontractors will be determined in accordance with the Allowable Cost and Payment clause of this contract except as provided in paragraph (d) of this clause.
The Contractor shall submit applications for Nontaxable Transaction Certificates, FormCSR-3 C, to the:(c)
State of New Mexico Taxation and Revenue Dept. Revenue Division PO Box 630 Santa Fe, New Mexico 87509
When the Type 15 Nontaxable Transaction Certificate is issued by the Revenue Division, the Contractor shall use these certificates strictly in accordance with this contract, and the agreement between the (* ) and the New Mexico Taxation and Revenue Department.____
The Contractor shall provide Type 15 Nontaxable Transaction Certificates to each vendor in New Mexico selling tangible personal property to the Contractor for (d) use in the performance of this contract. Failure to provide a Type 15 Nontaxable Transaction Certificate to vendors will result in the vendor's liability for the gross receipt taxes and those taxes, which are then passed on to the Contractor, shall not be reimbursable as an allowable cost by the Government.
The Contractor shall pay the New Mexico compensating user tax for any tangible personal property which is purchased pursuant to a Nontaxable Transaction (e) Certificate if such property is not used for Federal purposes.
Out-of-state purchase of tangible personal property by the Contractor which would be otherwise subject to compensation tax shall be governed by the principles (f) of this clause. Accordingly, compensating tax shall be due from the contractor only if such property is not used for Federal purposes.
The DoD may receive information regarding the Contractor from the Revenue Division of the New Mexico Taxation and Revenue Department and, at the (g) discretion of the DoD, may participate in any matters or proceedings pertaining to this clause or the abovementioned Agreement. This shall not preclude the Contractor from having its own representative nor does it obligate the DoD to represent its Contractor.
The Contractor agrees to insert the substance of this clause, including this paragraph (h), in each subcontract which meets the criteria in 29.401-4(b)(1) through (h)
(3) of the Federal Acquisition Regulation, .48 CFR Part 29
Paragraphs (a) through (h) of this clause shall be null and void should the Agreement referred to in paragraph (c) of this clause be terminated; provided, (i) however, that such termination shall not nullify obligations already incurred prior to the date of termination.
[*Insert appropriate agency name in blanks.]
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
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
(End of clause)
52.252-4 Alterations in Contract. (Apr 1984)
Alterations in Contract (Apr 1984)
Portions of this contract are altered as follows: FAR 52.212-4(j) is marked Reserved
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
Authorized Deviations in Clauses (Nov 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition (a) of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized (b) deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.211-7003 Item Unique Identification and Valuation. (Jan 2023)
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) . As used in this clause- Definitions
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced…
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