N0016724Q0173_Combined.pdf
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- Solicitation number
- N0016724Q0173
About this file
This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6. The Naval Sea Systems Command (NAVSEA) intends to solicit only one source, Rexel USA, Inc., for Allen Bradley brand programmable logic controllers (PLCs), input/output modules, power supplies, and related hardware and software. The solicitation is issued under the authority of FAR 13.106-1(b) as the Contracting Officer has determined only one source is reasonably available. The NAICS code is 335999 with a small business size standard of 60 employees. Interested parties may submit capability statements by 12:00 PM EST on June 20, 2024, but this is not a request for competitive quotes. The government will use the information received to determine whether to conduct a competitive procurement. Responses must include pricing, delivery terms, POC information, business size, and the ability to meet all requirements. The point of contact is Michael Brodie and responses are due by email by the specified deadline.
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| File | Type | Posted |
|---|---|---|
| PR 1301161345 Rockwell Sole Source Justification_Redacted.pdf | ||
| PR 1301161345 Minimum Specificaitons.pdf |
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N0016724Q0173
This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The Naval Surface Warfare Center Carderock Division (NSWCCD) intends to solicit only one source under the authority of FAR Part 13.106-1(b) the Contracting Officer has determined that circumstances of the contract action deem only one source reasonably available. The Government intends to solicit with Rexel USA, Inc. for Allen Bradley brand materials including programmable logistics controllers (PLCs), input and output (I/O) modules, power supplies, hardware accessories and software. The NAICS code is 335999 and the Small Business Standard is 60 employees.
The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2024-05 and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20240530. SEE
ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS.
Interested parties may identify their interest to this requirement by submitting a capabilities statement no later than 12:00 PM EST on 20 June 2024. This notice of intent is NOT a request for competitive quotes.
However, all responses received by 12:00 PM EST on 20 June 2024 will be considered by the Government. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.
Responses to this notice are due on or before 12:00 PM EST on 20 June 2024 by email at michael.s.brodie7.civ@us.navy.mil.
Point of Contact for this notice is Michael Brodie, 757-478-1118, michael.s.broide7.civ@us.navy.mil.
mailto:michael.s.brodie7.civ@us.navy.mil mailto:michael.s.broide7.civ@us.navy.mil
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each HMI Screen
FFP
HMI Screen - 6186M-19PTSS FOB: Destination
BRAND NAME/SOLE SOURCE: SS
PURCHASE REQUEST NUMBER: 1301161345
PSC CD: 4540
NET AMT
0002 1 Each Programmable Logistics Controller (PLC)
FFP
Programmable Logistics Controller (PLC) for the main motor drive system
5069-L330ER
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0003 2 Each
PLC SPRING TERMINAL
FFP
PLC Spring Terminal 5069-RTB64-SPRING FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0004 1 Each PLC Digital Input Card
FFP
PLC Digital Input Card 5069-IB16 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0005 1 Each
STUDIO 5000 SOFTWARE V.34.01.00
FFP
Studio 5000 software v.34.01.00 w/ RSNetWorx for DeviceNet V28.01.00
9324M-RLDT71
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
PSC CD: 7A20
0006 1 Each
SAFETY PLC
FFP
Safety PLC 069 L306ERMS3 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0007 2 Each
I/O MODULE, COMPACT 5000, 8 CHANNEL, 24
FFP
I/O Module, Compact 5000, 8 Channel, 24VDC, Safety Input 5069 IB8S FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0008 1 Each
I/O MODULE, COMPACT 5000, 8 CHANNEL, 24
FFP
I/O Module, Compact 5000, 8 Channel, 24VDC Safety Configurable Output
5069 OBV8S
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0009 2 Each Accessory I/O Power Terminal RTB kit
FFP
Accessory, I/O Power Terminal RTB Kit for Both 4 - 6 Pin Screw Type 5069
RTB64 SCREW
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0010 4 Each Terminal Block, Compact I/O
FFP
Terminal Block, Compact I/O, 18 Pins, Screw Type 5069 RTB18 SCREW FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0011 10 Each I/O Adapter, EtherNet/IP
FFP
I/O Adapter, EtherNet/IP 1734-AENT FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0012 2 Each
EXPANSION POWER SUPPLY 24DVC MOUNTING
FFP
Expansion Power Supply, 24VDC Input, 400mA, Horizontal Mounting 1734-
EP24DC
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0013 1 Each Power Supply, 85 - 264 VAC, 1.3A
FFP
Power Supply, 85 - 264 VAC, 1.3A, AC Input Expansion, DIN Rail 1734-EPAC FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0014 4 Each Field Power Distributor
FFP
Field Power Distributor, 10 - 28.8VDC, 120/240VAC Operating Range 1734-FPD FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0015 1 Each I/O Module, Digital DC Input, 4 Channel
FFP
I/O Module, Digital DC Input, 4 Channel, DIN Rail, 24VDC 1734-IB4 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0016 16 Each I/O Module, Digital DC Input, 8 Channel
FFP
I/O Module, Digital DC Input, 8 Channel, DIN Rail, 24VDC 1734-IB8 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0017 31 Each I/O Module, Analog, 2 Inputs
FFP
I/O Module, Analog, 2 Inputs, Single Ended, 75mA 1734-IE2C FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0018 8 Each I/O Module, Series C Digital AC Output
FFP
I/O Module, Series C Digital AC Output 1734-OA2 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0019 2 Each I/O Module, Digital DC Output, 4 Channel
FFP
I/O Module, Digital DC Output, 4 Channel, Current Sourcing, 24VDC 1734-
OB4E
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0020 7 Each I/O Module, Analog, 2 Single Ended Outpu
FFP
I/O Module, Analog, 2 Single Ended Outputs, 75mA, Pointbus Current 1734-
OE2C
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0021 2 Each I/O Module, Digital Contact Output, 2 Ch
FFP
I/O Module, Digital Contact Output, 2 Channel 1734-OW2 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0022 11 Each I/O Module, Digital Contact Output, 4 Ch
FFP
I/O Module, Digital Contact Output, 4 Channel 1734-OW4 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0023 75 Each Terminal Base, with Removable IEC Spring
FFP
Terminal Base, with Removable IEC Spring Terminals 1734-TBS FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0024 7 Each Communications Adaptor, EtherNet/IP, M12
FFP
Communications Adaptor, EtherNet/IP, M12 Quick Disconnect 1738-AENT FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0025 1 Each Expansion Power Module, ArmorPOINT I/O, FFP
Expansion Power Module, ArmorPOINT I/O, 400 mA At 24 V DC Input, 1 1738-
EP24DC
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0026 5 Each Field Power Distributor, 5 - 250V DC, 24
FFP
Field Power Distributor, 5 - 250V DC, 24 - 240V A 1738-FPD FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0027 2 Each
AB 1738-IB4M12 ARMORPOINT 4 POINT
FFP
AB 1738-IB4M12 ARMORPOINT 4 POINT 1738-IB4DM12
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0028 6 Each I/O Module, Digital, 8 Sink Inputs, (Sou
FFP
I/O Module, Digital, 8 Sink Inputs, (Source Load), DC Micro M12 1738-IB8M12 FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0029 32 Each I/O Module, Analog Input, 2 Single Ended
FFP
I/O Module, Analog Input, 2 Single Ended Current, M12 DC Micro 1738-
IE2CM12 32
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0030 13 Each
ARMORPOINT 2
FFP
ARMORPOINT 2 1738-OA2M12AC3
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0031 5 Each
ARMORPOINT 2 POINT
FFP
ARMORPOINT 2 POINT 1738-OE2CM12
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0032 2 Each Power Supply, 240W, 24 - 28VDC Output, 1
FFP
Power Supply, 240W, 24 - 28VDC Output, 1PH, 240VAC, 300VDC, Input 1606-
XLS240EC
FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0033 16 Each Power Supply, Performance, 120W, 24 - 28
FFP
Power Supply, Performance, 120W, 24 - 28VDC, 1-Phase 1606-XLS120E FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0034 2 Each Power Supply, Performance, 80W, 24 - 28V
FFP
Power Supply, Performance, 80W, 24 - 28VDC, 1-Phase FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0035 1 Each FT View Studio SE FT View Ent EN ESD S/W
FFP
FT View Studio SE FT View Ent EN ESD S/W v. 13.00 9701-VWSTENE FOB: Destination
BRAND NAME/SOLE SOURCE: SS
0036 1 Each
FT VIEW SE STATION 100 DISPLAY
FFP
FT View Station SE 100D Lic ESD S/W v. 13.00 9701-VWSB100AENE FOB: Destination
BRAND NAME/SOLE SOURCE: SS
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30 dys. ADC 1 NAVAL SURFACE WARFARE CENTER
CARDEROCK
RECEIVING OFFICER
9500 MACARTHUR BLVD
WEST BETHESDA MD 20817-5700
FOB: Destination
N00167
0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0004 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0005 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0006 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0007 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0008 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0009 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0010 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0011 30 dys. ADC 10 (SAME AS PREVIOUS LOCATION)
0012 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0013 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0014 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0015 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0016 30 dys. ADC 16 (SAME AS PREVIOUS LOCATION)
0017 30 dys. ADC 31 (SAME AS PREVIOUS LOCATION)
0018 30 dys. ADC 8 (SAME AS PREVIOUS LOCATION)
0019 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0020 30 dys. ADC 7 (SAME AS PREVIOUS LOCATION)
0021 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0022 30 dys. ADC 11 (SAME AS PREVIOUS LOCATION)
0023 30 dys. ADC 75 (SAME AS PREVIOUS LOCATION)
0024 30 dys. ADC 7 (SAME AS PREVIOUS LOCATION)
0025 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0026 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)
0027 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0028 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)
0029 30 dys. ADC 32 (SAME AS PREVIOUS LOCATION)
0030 30 dys. ADC 13 (SAME AS PREVIOUS LOCATION)
0031 30 dys. ADC 5 (SAME AS PREVIOUS LOCATION)
0032 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0033 30 dys. ADC 16 (SAME AS PREVIOUS LOCATION)
0034 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0035 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0036 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government 0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government 0036 Destination Government Destination Government
MINIMUM SPECIFICATIONS
Title: Purchase Allen-Bradley Rockwell Automation Brand Materials for NSWCCD PAWDS System
1.0 Scope:
The Naval Surface Warfare Center, Carderock Division (NSWCCD) Code 633 is the in-service engineering agent for the Plasma Arc Waste Destruction System (PAWDS). Code 633 requires the purchase of Allen Bradley brand hardware and software to install a PAWDS CVN-78 Class shipboard control configuration at the NSWCCD. The purpose of having a shipboard configuration at the NSWCCD is to test hardware obsolescence and software upgrades before implementation on the shipboard system. This purchase supports the PAWDS engineering lifecycle and cybersecurity sustainment requirements for NAVSEA PMS 312.
2.0 Task:
The contractor shall provide Allen-Bradley brand programmable logistics controllers (PLC), Input and output (I/O) modules, power supplies, hardware accessories and software necessary to conduct testing of the new PAWDS control system to comply with PMS 312 engineering lifecycle requirements.
3.0 Minimum Specifications:
The contractor shall provide the Allen-Bradley brand products listed in the table below:
Description Part number Quantity HMI Screen 6186M-19PTSS 1 Programmable Logistics Controller (PLC) for the main motor drive system 5069-L330ER 1 PLC Spring Terminal 5069-RTB64-SPRING 2 PLC Digital Input Card 5069-IB16 1 Studio 5000 software v.34.01.00 w/ RSNetWorx for DeviceNet V28.01.00 9324M-RLDT71 1 Safety PLC 5069 L306ERMS3 1 I/O Module, Compact 5000, 8 Channel, 24VDC, Safety Input 5069 IB8S 2 I/O Module, Compact 5000, 8 Channel, 24VDC Safety Configurable Output 5069 OBV8S 1 Accessory, I/O Power Terminal RTB Kit for Both 4 - 6 Pin Screw Type 5069 RTB64 SCREW 2 Terminal Block, Compact I/O, 18 Pins, Screw Type 5069 RTB18 SCREW 4 I/O Adapter, EtherNet/IP 1734-AENT 10 Expansion Power Supply, 24VDC Input, 400mA, Horizontal Mounting 1734-EP24DC 2 Power Supply, 85 - 264 VAC, 1.3A, AC Input Expansion, DIN Rail 1734-EPAC 1 Field Power Distributor, 10 - 28.8VDC, 120/240VAC Operating Range 1734-FPD 4 I/O Module, Digital DC Input, 4 Channel, DIN Rail, 24VDC 1734-IB4 1 I/O Module, Digital DC Input, 8 Channel, DIN Rail, 24VDC 1734-IB8 16 I/O Module, Analog, 2 Inputs, Single Ended, 75mA 1734-IE2C 31 I/O Module, Series C Digital AC Output 1734-OA2 8 I/O Module, Digital DC Output, 4 Channel, Current Sourcing, 24VDC 1734-OB4E 2 I/O Module, Analog, 2 Single Ended Outputs, 75mA, Pointbus Current 1734-OE2C 7 I/O Module, Digital Contact Output, 2 Channel 1734-OW2 2 I/O Module, Digital Contact Output, 4 Channel 1734-OW4 11 Terminal Base, with Removable IEC Spring Terminals 1734-TBS 75 Communications Adaptor, EtherNet/IP, M12 Quick Disconnect 1738-AENT 7 Expansion Power Module, ArmorPOINT I/O, 400 mA At 24 V DC Input, 1. 1738-EP24DC 1 Field Power Distributor, 5 - 250V DC, 24 - 240V AC 1738-FPD 5
AB 1738-IB4M12 ARMORPOINT 4 POINT 1738-IB4DM12 2
I/O Module, Digital, 8 Sink Inputs, (Source Load), DC Micro M12 1738-IB8M12 6 I/O Module, Analog Input, 2 Single Ended Current, M12 DC Micro 1738-IE2CM12 32
ARMORPOINT 2 1738-OA2M12AC3 13
ARMORPOINT 2 POINT 1738-OE2CM12 5
Power Supply, 240W, 24 - 28VDC Output, 1PH, 240VAC, 300VDC, Input 1606-XLS240EC 2 Power Supply, Performance, 120W, 24 - 28VDC, 1-Phase 1606-XLS120E 16 Power Supply, Performance, 80W, 24 - 28VDC, 1-Phase 1606-XLS80E 2 FT View Studio SE FT View Ent EN ESD S/W v. 13.00 9701-VWSTENE 1 FT View Station SE 100D Lic ESD S/W v. 13.00 9701-VWSB100AENE 1
4.0 Special Qualifications:
The contractor must be an authorized distributor of Allen-Bradley Rockwell Automation branded manufacturer products in the NSWCCD, West Bethesda, MD area.
All hardware must be original Allen-Bradley Rockwell Automation products and new; be the latest or most recent product version; and have the manufacturers standard 1-year warranty from the date of invoice from Seller. All software must be standard Rockwell Automation software; be the latest or most recent firmware version; and will perform in accordance with published specifications prepared, approved, and issued by Seller for a period of one (1) year from the date of invoice from Seller.
5.0 Delivery Requirements:
5.1 Delivery Date. The contractor must deliver the Allen-Bradley Rockwell Automation products listed above by 31 May 2024.
6.0 Government Technical Point of Contact (TPOC):
Primary POC: TBD at Contract Award
(End of text)
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
MAY 2024
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination NOV 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber
Incident Reporting (DEVIATION 2024-O0013)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7022 Expediting Contract Closeout MAY 2021 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
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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.]
___ (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).
___ (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).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
X (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).
X (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).
___ (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]
____ (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.
____ (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).
____ (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)).
____ (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. 657s).
X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
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).
____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
____ (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).
____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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).
____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (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 (OCT 2018) (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) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (64) (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.]
_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_____ (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).
_____ (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) (29 U.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).
_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (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 2016) (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) X (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 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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.)
(xviii) 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)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
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
(b) of this provision.
(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.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [335999].
(2) The small business size standard is [600 # of employees].
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is 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.
(c) Representations.
(1) The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer 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 offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror 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 offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.
(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision]. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture:
(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.ecfr.gov/current/title-48
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.ecfr.gov/current/title-48
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use…
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