FD20202200163 RFP FA821222R0017 A-10 Wing Tips 8MAR2022.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION NOT USABLE Prescribed by GSA – FAR (48 CFR) 53/214(c)

SOLICITATION, OFFER AND AWARD J 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15CFR 7900)

RATING

DO: A1

Page of Page

2. CONTRACT NO. 3. SOLICITATION NO.

FA8212-22-R-0017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

7. ISSUED BY

DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING

AFSC PZABA

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE UT 84056-5825

BUYER: Leslie G Evans/AFSC leslie.evans.1@us.af.mil Phone: (801) 586- 3964

FA8212 8. ADDRESS OFFER TO (If other than Item 7)

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTON PAGE(S) (X) Sec. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM

X B SUPPLIES OR SERVICES AND

C DESCRIPTION/SPECS/WORK STATEMENT

X D PACKAGING AND MARKING

X E INPECTION AND ACCEPTANCE

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

X I CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

X J LIST OF ATTACHMENTS

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X M EVALUATION AND FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

24. ADMINISTERED BY (If other than Item 7) SCD:B 25. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

X

5. DATE ISSUED 6.REQUISITION/PURCHASE NO

FD20202200163

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until 4:00 (Hour) local time -- (Date).

CAUTION- LATE Submissions, Modifications, and Withdrawals: Section L, Provision No 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this section.

10. FOR INFORMATION

CALL:

A. NAME

Leslie G Evans

B. TELEPHONE (NO COLLECT CALLS)

(801 ) 586 -3964

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT(See Section I, Clause No 52.232-8)

10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON

AUTHORIZED TO SIGN OFFER (Type or print)

15B. TELEPHONE NO.

(Include Area Code)

15C.CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE-ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

SEE SCHEDULE

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

SOLICITATION

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

C. E-MAIL ADDRESS

leslie.evans.1@us.af.mil

FA8212-22-R-0017

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACT TYPE: Firm-Fixed-Price (FFP) single-award Indefinite Delivery / Indefinite Quantity (IDIQ).

All quantities on an IDIQ contract type are identified as Best Estimated Quantity (BEQ).

a. MIN QTY COMBINED (BOTH NSNs): 18 EA

b. MAX QTY COMBINED (BOTH NSNs): 58 EA

c. 5 YEAR ORDERING PERIOD: Expires when MAX QTY has been ordered or end of FY2026 or 30 SEP 2026, whichever occurs first.

AUTHORITY: IAW FAR 16.501-2(b)(1)(i), in order to replenish spares and maintain Government stock levels with reptitive buys economically and effectively.

FUNDING: The IDIQ is not funded. Instead, a separate delivery order shall be issued for each order and shall be fully funded. The Government is only obligated to the minimum quantity/ guarantee.

SMALL BUSINESS SET-ASIDE: 100% SET-ASIDE TO QUALIFIED SMALL BUSINESSES NAICS CODE 336413 - Other Aircraft Part and Auxiliary Equipment Manufacturing (1,250 employees).

MIN QTY INFORMATIONAL LINE

Item No.

NSN: 1560015914391 FJ

TIP,AIRCRAFT

R/H wing tip composite/ aluminum alloy 7075

MINIMUM QTY ORDER CLIN 0001: 6 EA (SubCLIN 0001AA + SubCLIN 0001AB).

**OnTimeDelivery (OTD) is critical to the USAF mission. Contractor shall provide the Government (PM, PCO, DCMA IS & QAS) OTD status no less than every month, by the last day of each month, until full delivery via email with a subject line that identifies the purpose (ie..Delivery Status FA821222XXXXX PN XXXX) IAW FAR Clause 52.2422, Production Progress Reports (APR 1991).**

Manufacturer Part Number 98747 162D6125501002 Associated Document(s) Line Item(s)

FD20202200163 0001

Priority: R Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

MIN QTY PRODUCTION ARTICLES INITIAL DELIVERY ORDER

Item No.

0001AA

Firm Fixed Price Best Estimated Qty

U/I Unit Price

5 EA

NSN: 1560015914391 FJ

TIP,AIRCRAFT

R/H wing tip composite/ aluminum alloy 7075 Manufacturer Part Number 98747 162D6125501002 Associated Document(s) Line Item(s)

FD20202200163 0001

Priority: R

Inspection: Origin Acceptance: Origin Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Type / Ship To PACRN Mark For

A SW3210 PAA 09 ACCOUNT

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

First Article Req No / Pri

Required Delivery

A SW3210 5 EA *120 Calendar Days

Proposed Delivery

A SW3210 5 EA

MIN QTY FIRST ARTICLE INITIAL DELIVERY ORDER

Item No.

0001AB

Firm Fixed Price Best Estimated Qty

U/I Unit Price

1 EA

NSN: 1560015914391 FJ

MIN QTY FIRST ARTICLE INITIAL DELIVERY ORDER

TIP,AIRCRAFT

R/H wing tip composite/ aluminum alloy 7075

Please Note: Each contract stands on its own. The Contractor shall not holdoff on making the first article for this contract even if the Contractor is making a first article for the same NSN on another contract. If the First Article is waived SubCLIN 0001AB quantity becomes part of the production article quantity with its same delivery terms and unit price as SubCLIN 0001AA. Post award waiver will require a contract modification.

Manufacturer Part Number 98747 162D6125501002 Associated Document(s) Line Item(s)

FD20202200163 0002

Priority: R

Inspection: Origin Acceptance: Destination Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B FB2029 DESTINATION

Type / Ship To PACRN Mark For

B FB2029 PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order Req No / Pri

Required Delivery

B FB2029 1 EA *120 Calendar Days

Proposed Delivery

B FB2029 1 EA

IAW AFMC FORM 260, FIRST ARTICLE REQUIREMENTS. NOTE: If there is a conflict in delivery schedule SCHEDULE B supercedes AFMC FORM 260.

MIN QTY INFORMATIONAL LINE

Item No.

NSN: 1560015922578 FJ

TIP,AIRCRAFT

Wing Tip Composite

MINIMUM QTY ORDER CLIN 0002: 3 EA (SubCLIN 0002AA + SubCLIN 0002AB).

**OnTimeDelivery (OTD) is critical to the USAF mission. Contractor shall provide the Government (PM, PCO, DCMA IS & QAS) OTD status no less than every month, by the last day of each month, until full delivery via email with a subject line that identifies the purpose (ie..Delivery Status FA821222XXXXX PN XXXX) IAW FAR Clause 52.2422, Production Progress Reports (APR 1991).**

Manufacturer Part Number 98747 162D6125501001 Associated Document(s) Line Item(s)

FD20202200163 0003

Priority: R Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

MIN QTY PRODUCTION ARTICLES INITIAL DELIVERY ORDER

Item No.

0002AA

Firm Fixed Price Best Estimated Qty

U/I Unit Price

2 EA

NSN: 1560015922578 FJ

TIP,AIRCRAFT

Wing Tip Composite Manufacturer Part Number 98747 162D6125501001 Associated Document(s) Line Item(s)

FD20202200163 0003

Priority: R

Inspection: Origin Acceptance: Origin Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes

Serial Number Required

MIN QTY PRODUCTION ARTICLES INITIAL DELIVERY ORDER

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Type / Ship To PACRN Mark For

A SW3210 PAA 09 ACCOUNT

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

First Article Req No / Pri

Required Delivery

A SW3210 2 EA *120 Calendar Days

Proposed Delivery

A SW3210 2 EA

MIN QTY FIRST ARTICLE INITIAL DELIVERY ORDER

Item No.

0002AB

Firm Fixed Price Best Estimated Qty

U/I Unit Price

1 EA

NSN: 1560015922578 FJ

TIP,AIRCRAFT

Wing Tip Composite

Please Note: Each contract stands on its own. The Contractor shall not holdoff on making the first article for this contract even if the Contractor is making a first article for the same NSN on another contract. If the First Article is waived SubCLIN 0001AB quantity becomes part of the production article quantity with its same delivery terms and unit price as SubCLIN 0001AA. Post award waiver will require a contract modification.

Manufacturer Part Number 98747 162D6125501001 Associated Document(s) Line Item(s)

FD20202200163 0004

Priority: R

Inspection: Origin Acceptance: Destination Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes

Serial Number Required

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B FB2029 DESTINATION

Type / Ship To PACRN Mark For

B FB2029 PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order Req No / Pri

Required Delivery

B FB2029 1 EA *120 Calendar Days

Proposed Delivery

B FB2029 1 EA

IAW AFMC FORM 260, FIRST ARTICLE REQUIREMENTS. NOTE: If there is a conflict in delivery schedule SCHEDULE B supercedes AFMC FORM 260.

MAX QTY PRODUCTION ARTICLES POST INITIAL DELIVERY ORDER

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price

20 EA

NSN: 1560015914391 FJ

TIP,AIRCRAFT

R/H wing tip composite, aluminum alloy 7075

MAXIMUM QTY: 20 EA

Contractor shall state minimum qty per delivery order (if applicable, if not applicable "N/A") Min Qty____. Unit price sheet for each out years (after FA acceptance, if required): Yr 1 (FY2023) $____; Yr 2 (FY2024) $____; Yr 3 (FY2025) $_____; Yr 4 (FY2026) $_____

**OnTimeDelivery (OTD) is critical to the USAF mission. Contractor shall provide the Government (PM, PCO, DCMA IS & QAS) OTD status no less than every month, by the last day of each month, until full delivery via email with a subject line that identifies the purpose (ie..Delivery Status FA821222XXXXX PN XXXX) IAW FAR Clause 52.2422, Production Progress Reports (APR 1991).**

Manufacturer Part Number 98747 162D6125501002 Associated Document(s) Line Item(s)

FD20202200163 0001

Priority: R

Inspection: Origin Acceptance: Origin Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Type / Ship To PACRN Mark For

A SW3210 PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

A SW3210 20 EA *120 Calendar Days

Proposed Delivery

A SW3210 20 EA

MAX QTY PRODUCTION ARTICLES POST INITIAL DELIVERY ORDER

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price

20 EA

NSN: 1560015922578 FJ

TIP,AIRCRAFT

Wing Tip Composite

MAXIMUM QTY: 20 EA

Contractor shall state minimum qty per delivery order (if applicable, if not applicable "N/A") Min Qty____. Unit price sheet for each out years (after FA acceptance, if required): Yr 1 (FY2023) $____; Yr 2 (FY2024) $____; Yr 3 (FY2025) $_____; Yr 4 (FY2026) $_____

**OnTimeDelivery (OTD) is critical to the USAF mission. Contractor shall provide the Government (PM, PCO, DCMA IS & QAS) OTD status no less than every month, by the last day of each month, until full delivery via email with a subject line that identifies the purpose (ie..Delivery Status FA821222XXXXX PN XXXX) IAW FAR Clause 52.2422, Production Progress Reports (APR 1991).**

Manufacturer Part Number 98747 162D6125501001

Associated Document(s) Line Item(s)

FD20202200163 0003

Priority: R

Inspection: Origin Acceptance: Origin Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Serial Number Required

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Type / Ship To PACRN Mark For

A SW3210 PAA 09 ACCOUNT

Type / Ship To Quantity (U/I) *ARO Each

Individual Order Req No / Pri

Required Delivery

A SW3210 20 EA *120 Calendar Days

Proposed Delivery

A SW3210 20 EA

CDRL A001 FATR INFORMATIONAL LINE

Item No.

Data

DATA LINE FOR FIRST ARTICLE TEST REPORT

Associated Document(s) Line Item(s)

FD20202200163 0005

Priority: R

PN: 162D6125501002 NSN: 1560015914391FJ, LH Wing Tip

Item No.

0005AA

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data

DATA LINE FOR FIRST ARTICLE TEST REPORT

Associated Document(s) Line Item(s)

FD20202200163 0005

Priority: R

PN: 162D6125501002 NSN: 1560015914391FJ, LH Wing Tip

Type / Ship To Quantity (U/I) IAW DD1423 Req No / Pri Required Delivery

B FB2029 1 LO IAW DD1423

Proposed Delivery

B FB2029 1 LO

IAW DD1423

PN: 162D6125501001 NSN: 1560015922578FJ, RH Wing Tip

Item No.

0005AB

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data

DATA LINE FOR FIRST ARTICLE TEST REPORT

Associated Document(s) Line Item(s)

FD20202200163 0005

Priority: R Type / Ship To Quantity (U/I) IAW DD1423 Req No / Pri

Required Delivery

B FB2029 1 LO IAW DD1423

Proposed Delivery

B FB2029 1 LO

IAW DD1423

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + CNOTE

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

AWARD NUMBER:

TYPE/CODE: A SW3210

DLA DISTRIBUTION DEPOT HILL

7537 WARDLEIGH RD BLDG 849W

CML 385 519 8898

HILL AFB UT 840565734

HILL AFB UT 840565734 49 840565734

USA

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

AWARD NUMBER:

TYPE/CODE: B FB2029

809 MXSS/MXDEB

BLDG 849 ATTN: NONACCOUNTABLE BAY

(DEAR JOHN BAY)

TRANSPORTATION OFFICE

HILL AIR FORCE BASE UT 840565713

UNITED STATES

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

AWARD NUMBER:

PART I THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

52.2462 INSPECTION OF SUPPLIESFIXEDPRICE (AUG 1996)

(IAW FAR 46.302)

(Applicable for supplies, services furnishing of supplies, fixedprice and exceeds the simplified acquisition threshold)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

(Applicable to the furnishing of supplies, services involving the furnishing of supplies, or research and development, when a fixedprice contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold)

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503)

(Applicable to all orders issued hereunder)

Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILLIN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

PART I THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

(IAW FAR 11.703(b))

(Applicable when fixedprice supplies are furnished)

52.242-15 STOP-WORK ORDER (AUG 1989)

(IAW FAR 42.1305(b)(1))

(Applicable for supplies, services, or research and development)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(IAW FAR 42.1305(c))

(Applicable to fixedprice for supplies other than commercial or modifiedcommercial items)

52.247-29 F.O.B. ORIGIN (FEB 2006)

(IAW FAR 47.303-1(c))

(Applicable when specifying f.o.b. origin)

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

(IAW FAR 47.303-2(c))

(Applicable to f.o.b. origin at contractor's facility)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(IAW FAR 47.303-6(c))

(Applicable when delivery term is f.o.b. destination)

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

(IAW FAR 47.305-4(c))

Applicable Item No(s)

0001AB 0002AB

(Applicable when f.o.b. destination but inspection and acceptance will be at origin)

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f))

(Applicable when specifying f.o.b. origin)

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b))

Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address

[CONTRACTOR FILLIN]

(Applicable when delivery term is f.o.b. origin)

PART I THE SCHEDULE

SECTION G

CONTRACT ADMINISTRATION DATA

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (standalone) and “Receiving Report” (standalone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup documentation, as defined in DFARS Appendix F, (e.g.

timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 8666185988.

(Applicable in solicitations and contracts or task or delivery orders, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when 252.2327003 is used and none of the exceptions at 232.7002(b)(1) apply. See PGI 232.7004 for instructions on completing the clause)

PART II CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020)

(IAW FAR 2.201)

(Applicable when the simplified acquisition threshold is exceeded)

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

(Applicable when simplified acquisition threshold is exceeded, except for personal services and those between military departments or defense agencies and foreign governments that do not obligate any funds appropriated to the Department of Defense)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(IAW FAR 3.404)

(Applicable when simplified acquisition threshold is exceeded other than those for commercial items (see Parts 2 and 12))

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(IAW FAR 3.503-2)

(Applicable when the simplified acquisition threshold is exceeded)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(IAW FAR 3.502-3)

(Applicable when the simplified acquisition threshold is exceeded)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

(IAW FAR 3.104-9(a))

(Applicable when noncommercial and the simplified acquisition threshold is exceeded)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(IAW FAR 3.104-9(b))

(Applicable when the simplified acquisition threshold is exceeded)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2020)

(IAW FAR 3.808(b))

(Applicable over $150,000)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(IAW FAR 3.909-3 (b))

(Applicable in all solicitations and resultant contracts other than personal services contracts with individuals)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))

(Applicable to all solicitations and contracts)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER

DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)

(IAW DFARS 203.570-3)

(Applicable when exceeding the simplified acquisition threshold (except for commercial items))

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

(Applicable to all solicitations and contracts)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

(IAW FAR 4.303)

(Applicable when the simplified acquisition threshold is exceeded)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

(IAW FAR 4.1403(a))

(Applicable over $30,000, unless not required to be reported in FPDS)

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

(IAW FAR 4.1105(b))

(Applicable to solicitations that contain the provision at 52.2047, and resulting contracts)

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

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

(Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

(Applicable to all solicitations and contracts)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(IAW FAR 4.1903)

(Applicable to all solicitations and contracts, except COTs, when a contractor’s system may contain Federal contract information)

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)

(Applicable in all contracts and solicitations)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(IAW 4.2105(b))

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)

(IAW DFARS 204.7109(a))

(Applicable to all not separately priced subline items)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

(Applicable to all orders issued hereunder)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

(IAW DFARS 204.7304(c))

(Applicable to all solicitations and contracts, including commercial except when solely for commercialofftheshelf items)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

(Applicable to solicitations and contracts that involve litigation support services when 252.2047014 is not included)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

(IAW DFARS 204.2105(c))

(Applicable to all soliciations.)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(IAW DFARS 204.7304(e))

(Applicable in all solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial items, except for those that are solely for the acquisition of COTS items)

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

(Applicable in solicitations and contracts when the contracting officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

(Applicable over $1,000,000)

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(IAW FAR 9.206-2)

(b)

Item No Agency Name/Address

0001 DEPARTMENT OF THE AIR FORCE

AFSC PZABA

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE, UT 840565825

(801) 5863964 leslie.evans.1@us.af.mil

0001AA DEPARTMENT OF THE AIR FORCE

AFSC PZABA

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE, UT 840565825

(801) 5863964 leslie.evans.1@us.af.mil

0002 DEPARTMENT OF THE AIR FORCE

AFSC PZABA

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE, UT 840565825

(801) 5863964 leslie.evans.1@us.af.mil

0003 DEPARTMENT OF THE AIR FORCE

AFSC PZABA

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE, UT 840565825

(801) 5863964 leslie.evans.1@us.af.mil

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name _____________________________

Manufacturer's Name ________________________

Source's Name _____________________________

Item Name _________________________________

Service Identification _________________________

Test Number _______________________________ (to the extent known)

(Applicable when the acquisition is subject to a qualification requirement)

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

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

(a) The Contractor shall deliver ** units(s) of Lot/Item * within *** calendar days from the date of this contract to the Government at **** for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

First Article Item **Quantity ***Calendar Days ****Type/Location

1EA PER NSN PER QUOTE B FD2029

(b) Within ** calendar days after the Government receives the first article, 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.

EA

EA

EA

EA

EA

EA

EA

EA

90 0001AB & 0002AB

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, 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 furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit 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 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, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(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) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) 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.

(i) 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.)

(Applicable when fixedprice or costreimbursement, first article approval is required and the Government will be responsible for conducting the first article test)

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING -- ALTERNATE I (JAN 1997)

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

(Applicable when the contractor is required to produce the first article and the production quantity at the same facility)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(NOV 2021)

(IAW FAR 9.409)

(Applicable when exceeding $35,000)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

(IAW FAR 9.104-7(c))

(Applicable to solicitations and contracts over $550,000 and contracts where the offeror has checked “has” in paragraph (b) clause 52.2097)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

(Applicable to all solicitations and contracts for the acquisition of products and services (including construction) unless waived

IAW FAR 9.1084)

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)

(Applicable to solicitations and contracts with a value of $150,000 or more)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

(Applicable to supplies that are not commercial items)

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).

(Applicable to all rated orders)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(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 http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or Exhibit Line Item Number

Item Description

See Schedule as Applicable

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.2327003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(Applicable when delivery of one or more “items” as defined at 252.2117003(c) is required)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

(IAW FAR 15.209(b)(1))

(Applicable if negotiated and above the simplified acquisition threshold, except commercial items and utility services at public prices plus reasonable connection charge)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(IAW FAR 15.209(h), AFFARS 53.15.209(h))

(Applicable when using uniform contract format that is not commercial or for construction)

52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021)

(IAW FAR 15.408(f)(1))

(Applicable when negotiated and exceeding the simplified acquisition threshold)

52.216-18 ORDERING (AUG 2020)

(IAW FAR 16.506(a))

(a) Such orders may be issued from .

(Applicable to all orders issued hereunder)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(IAW FAR 16.506(b))

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than quantity of 18, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor

(1) Any order for a single item in excess of quantity of 204;

(2) Any order for a combination of items in excess of quantity of 40; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.21621 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximumorder limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(Applicable to all orders issued hereunder)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(IAW FAR 16.506(e))

(d) Contractor shall not be required to make any deliveries under this contract after 30SEP2026 .

(Applicable to all orders issued hereunder)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(IAW FAR 19.507(c))

(Applicable to all orders issued hereunder)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

(IAW FAR 19.708(a))

(Applicable when exceeding the simplified acquisition threshold, except for personal service contracts or when performance is entirely outside of the United States and its outlying areas)

52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

(IAW FAR 19.507(f)(1))

(Applicable to solicitations and contracts if an order or orders are to be set aside for any of the small business concerns identified in 19.000(a)(3))

52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

(IAW FAR 19.507(e), FAR 19.811-3(e))

(a) This clause does not apply to the unrestricted portion of a partial setaside.

(b) Definition. Similarly situated entity, as used in this clause, means a firsttier 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 setaside 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 multipleaward 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 solesource 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 multipleaward contracts, as described in 8.4055 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multipleaward 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 multipleaward contracts, as described in 8.4055 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 multipleaward 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 to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (SEP 2021)

(IAW Deviation 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial setaside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a firsttier 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 setaside 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 multipleaward 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 solesource 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 multipleaward contracts, as described in 8.4055 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multipleaward 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 multipleaward contracts, as described in 8.4055 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 multipleaward 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 period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

(IAW FAR 19.309(c))

(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 124.1002.

(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 womenowned small business concern.

(4) Womenowned small business…