KO Signed Contract - W9115125CA001 (002)13.pdf
PDF 477 KB Posted
- Attached to
- ELEVATOR PREVENTIVE MAINTENANCE
- Solicitation number
- W9115125CA001
About this file
This is a signed contract (W9115125CA001) awarded to AMB Contracting LLC for elevator maintenance services at Fort Cavazos, TX. The contract, awarded by the Army Materiel Command Mission and Installation Contracting Command, has a total award amount of $520,640.00 and an effective date of January 31, 2025.
The contract includes preventive maintenance and repair work for elevators and lift systems on the Fort Cavazos installation. The base period of performance is February 1, 2025 to January 31, 2026, with four one-year option periods. The contract structure includes fixed monthly payments of $24,700 for preventive maintenance, $540 per service order for DMO maintenance (156 orders annually), and a not-to-exceed amount of $140,000 for repair parts and works. The contract is set aside for small businesses under NAICS code 238290 with a size standard of $22 million. Payment and inspection oversight will be handled by DFAS-INDY VP GFEBS for payments and W0VC ENGR R U ACT for inspection/acceptance, with Oliver Becker serving as the point of contact for acceptance.
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| Signed Modification W9115125CA001P00001 SF 30 - Signed.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
1. REQUISITION NUMBER
W45NQ90012243308
PAGE 1 OF
2. CONTRACT NUMBER
W9115125CA001
7. FOR SOLICITATION
INFORMATION CALL:
3. AWARD/EFFECTIVE
DATE
31 JAN 2025
a. NAME
OMARI BROWN
4. ORDER NUMBER 5. SOLICITATION NUMBER
W9115124R0025
b. TELEPHONE NUMBER (No collect calls)
254287
6. SOLICITATION ISSUE
DATE
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE W91151 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:
W6QM MICC-FDO FT CAVAZOS
36000 DARNALL LOOP, FORT CAVAZOS TX 76544-0000
FORT CAVAZOS, TX 76544-0000
UNITED STATES
LISA LEWIS, CONTRACTING OFFICER, EMAIL: LISA.D.LEWIS2.CIV@ARMY.MIL
TELEPHONE: 2542875453
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
238290
SIZE STANDARD:
USD 22,000,000.00
11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A 13b. RATING
ST
SAL
SEE CONTINUATION W6QM MICC-FDO FT CAVAZOS SCD: PAS:
36000 DARNALL LOOP, FORT CAVAZOS TX 76544-0000
FORT CAVAZOS, TX 76544-0000
17a. CONTRACTOR/
OFFEROR
CODE 9LQB8 FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE HQ0490
AMB CONTRACTING LLC
7813 ALHAMBRA BLVD
MIRAMAR, FL 33023-5821
UNITED STATES
AVA BOWLES, EMAIL: AVABOWLES2000@ICLOUD.COM TELEPHONE:
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
DFAS-INDY VP GFEBS
8899 E 56TH STREET, INDIANAPOLIS IN 46249-3800
INDIANAPOLIS, IN 46249-3800
UNITED STATES
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
OFFER BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE CONTINUATION
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
SEE CONTINUATION
26. TOTAL AWARD AMOUNT (For Government Use Only)
USD 520,640.00
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE
DATED . . YOUR OFFER ON SOLICITATION
OFFER
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 31c. DATE SIGNED
31 JAN 2025
31b. NAME OF CONTRACTING OFFICER (Type or print)
LISA D. LEWIS
30c. DATE SIGNED
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
NET DAYS 30
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
14. METHOD OF
REQUEST
FOR QUOTE
(RFQ)
SOLICITATION REQUE
INVITATION FOR
FOR BID PROPO
(IFB) (RFP)
15. DELIVER TO CODE 16. ADMINISTERED BY CODE W91151
Ava Bowles, President 1/31/2025 mailto:LISA.D.LEWIS2.CIV@ARMY.MIL mailto:AVABOWLES2000@ICLOUD.COM
Solicitation/Contract Form Continuation
Elevator Maintenance
Header only - Purchase Requisition Number: W45NQ90012243308 Date: 31 Jan 2025
North American Industry Classification System (NAICS): 238290
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
PM for Elevators and Handicap Lifts
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts preventive maintenance in accordance with Section 5 of the Performance Work Statement (PWS).
Pricing Arrangement: Firm Fixed Price
ACRN: AA
PR Number: W45NQ90012243308 PR Line Item Number: 0001
Months
USD 24,700.00
Firm Price
USD 296,400.00
Funded Amount
DMO Service Orders
USD 84,240.00
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts DMO maintenance in accordance with Section 5 of the Performance Work Statement (PWS).
Each
USD 540.00
Pricing Arrangement: Firm Fixed Price
ACRN: AA
PR Line Item Number: 0002
Repair Parts and Works
USD 140,000.00
IAW
Performance Work Statement (PWS) Section 5. This is a "Not to Exceed" CLIN and Contractors shall not price this CLIN.
Job
ACRN: AA
PR Line Item Number: 0003
PM for Elevators and Handicap Lifts
The contractor shall provide
USD 312,000.00
Option Line Item all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts preventive maintenance in accordance with Section 5 of the Performance Work Statement (PWS).
USD 26,000.00
DMO Service Orders
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts DMO maintenance in accordance with Section 5 of the Performance Work
Repair Parts and Works
IAW
Performance Work Statement (PWS) Section 5. This is a "Not to Exceed" CLIN and Contractors shall not price
PM for Elevators and Handicap Lifts
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts preventive maintenance in accordance with Section 5 of the Performance
USD 27,330.00
USD 327,960.00
DMO Service Orders
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts DMO maintenance in accordance with Section 5 of the Performance Work
Repair Parts and Works
IAW
Performance Work Statement (PWS) Section 5. This is a "Not to Exceed" CLIN and Contractors shall not price
USD 140,000.00 Firm Price
PM for Elevators and Handicap Lifts
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts preventive maintenance in accordance with Section 5 of the Performance
USD 28,900.00
USD 346,800.00
DMO Service Orders
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts DMO maintenance in accordance with Section 5 of the Performance Work
Repair Parts and Works
IAW
Performance Work Statement (PWS) Section 5. This is a "Not to Exceed" CLIN and Contractors shall not price
PM for Elevators and Handicap Lifts
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts preventive maintenance in accordance with Section 5 of the Performance
USD 30,230.00
USD 362,760.00
DMO Service Orders
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and services necessary to perform elevators and handicap lifts DMO maintenance in accordance with Section 5 of the Performance Work
Repair Parts and Works
IAW
Performance Work Statement (PWS) Section 5. This is a "Not to Exceed" CLIN and Contractors shall not price
Continuation of Description
Requirements This is a follow-on requirement for preventative maintenance and repair work for elevators and lift systems on the Fort Cavazos, TX installation.
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Product Service Code: Z1QA
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Product Service Code: Z1QA
North American Industry Classification System (NAICS): 238290
Option Line Item
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker Email: oliver.w.becker.civ@army.mil Telephone: (254) 287-0967
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA mailto:oliver.w.becker.civ@army.mil mailto:oliver.w.becker.civ@army.mil
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination mailto:oliver.w.becker.civ@army.mil mailto:oliver.w.becker.civ@army.mil
Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W45NQ9 CountryCode: USA
W0VC ENGR R U ACT
BLDG 4408 78TH ST AT SANTA FE, IMWE HOD PWB SUPPLY
FORT CAVAZOS, TX 76544-0000
UNITED STATES
Oliver Becker mailto:oliver.w.becker.civ@army.mil
Continuation of Deliveries or Performance
From 01 Feb 2025 to 31 Jan 2026
Line Item Delivery Schedule Quantity Address and POC
12 Months Service Performance Site
0001 Period of Performance
From 01 Feb 2025 To
31 Jan 2026
156 Each Service Performance Site
0002 Period of Performance
1 Job Service Performance Site
0003 Period of Performance
Period of Performance
01 Feb 2026
31 Jan 2027
01 Feb 2026
01 Feb 2026 To
01 Feb 2027 To 31 Jan 2028
01 Feb 2027 To 31 Jan 2028
01 Feb 2027 To 31 Jan 2028
01 Feb 2028 To 31 Jan 2029
01 Feb 2028 To 31 Jan 2029
01 Feb 2028 To 31 Jan 2029
01 Feb 2029 To 31 Jan 2030
01 Feb 2029 To 31 Jan 2030
01 Feb 2029 To 31 Jan 2030
Continuation of Accounting and Appropriation Data
ACRN LOA Total Amount
AA
^^^021^2025^2025^^2020^000^^254^D^132^^^^^^^021001^A60RF^^M.0102628.6.4^^6100.
2540^^132078QRPA^
USD
520,640.00
Line Item PR/MIPR - PR Line Item# CIN Amount
CLIN 0001 W45NQ90012243308 - 0001
CLIN 0002 W45NQ90012243308 - 0002
CLIN 0003 W45NQ90012243308 - 0003
Contract Clauses FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021
52 204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided Dec 2023 by Kaspersky Lab Covered Entities.
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024
DFARS Clauses Incorporated by Reference
Number Title Effective
Alternate/ Deviation
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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252 204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Jan 2023 Services.
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252 226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Jan 2023
Hawaiian Small Business Concerns.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
FAR Clauses Incorporated by Full Text
52.219-28 Post-Award Small Business Program Rerepresentation. (Feb 2024)
As prescribed in 19.309(c)(1), insert the following clause:
Post-Award Small Business Program Rerepresentation (Feb 2024)
(a) Definitions. As used in this clause-
Variation Effective
Date
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 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, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(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 paragraph (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 office 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 http://www.sba.gov/document/support--table-size-standards 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)
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice 2n1
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
http://www.sam.gov/
(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.
Invoice 2n1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W91151 Admin DoDAAC W91151 Inspect By DoDAAC W45NQ9 Ship To Code
Ship From Code Mark For Code Service Approver (DoDAAC) W45NQ9 Service Acceptor (DoDAAC) W45NQ9 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
COR, Oliver Becker, oliver.w.becker.civ@army.mil, (254) 287-0967
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
(Nov 2024)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Nov 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) 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 reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111- 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Nov 2021) (31 U.S.C. 6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[X] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
[X] (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[X] (28) 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 Program (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(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 acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (May 2024) (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] (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1.
[ ] (49)
(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. 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.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (65)
(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).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being 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.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 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).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than 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.
(1) 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 Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 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.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This 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.
(e)
(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 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-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of…
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