N3225326Q0067.pdf
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- Solicitation number
- N32253-26-Q-0067
About this file
Federal Solicitation Summary
This is a Request for Quote (RFQ) solicitation (N3225326Q0067) issued by Pearl Harbor Naval Shipyard for Bi-Directional Amplifier (BDA) System Upgrade and Monthly Scheduled Preventative Maintenance, Repair, Calibration and Remedial Service. The solicitation is designated as a Women-Owned Small Business (WOSB) set-aside for 100% with a NAICS code of 811210 and a size standard of USD 24,000,000. The offer due date is September 7, 2026, at 11:00 AM Hawaii Time, with a solicitation issue date of August 17, 2026.
The contract consists of two base line items and five option periods. The base requirement includes: (1) monthly scheduled preventative maintenance, repair, calibration, and remedial service with inspection reports for 12 months (CLIN 0001), and (2) BDA system upgrade of antennas, splitters, and associated cabling across Drydocks 1, 2, 3, and 4 and their associated pump wells as a single job (CLIN 0002). Five option periods follow, with four consisting of 12-month preventative maintenance contracts (CLINs 1001, 2001, 3001, and 4001) and one comprising 6 months of maintenance (CLIN 5001). The base contract performance period runs from September 30, 2026, through September 29, 2027, with option periods extending through March 29, 2032. All work is to be performed at Pearl Harbor Naval Shipyard IMF (DoDAAC N32253) in Hawaii. Offerors must submit a detailed technical proposal (not exceeding 10 pages), current valid OEM training certificates for proposed technicians, itemized price breakdowns, and CMMC Level 1 (Self-Assessment) certification credentials. Evaluation is based on technical capability and price, with award to the lowest priced technically acceptable offeror. The Government will pay through WAWF (Wide Area WorkFlow) using combo invoice and receiving report documentation routed to specified DoDAACs.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
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 OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
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
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Section A - Solicitation/Contract Form
Bi-Directional Amplifier (BDA) System Upgrade and Monthly Scheduled Preventative Maintenance, Repair, Calibration and Remedial Service
Pursuant to FAR 52.232-18 Availability of Funds, funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
N3225326Q0067
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
10 U.S.C. 3133 Authority is hereby invoked
Pricing Arrangement: Firm Fixed Price
12 Months
Bi-Directional Amplifier (BDA) System upgrade of antennas, splitters, and associated cabling across Drydocks 1, 2, 3, and 4, and their associated Pump wells IAW the
PWS.
10 U.S.C. 3133 Authority is hereby invoked
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Monthly scheduled preventative maintenance, repair, calibration and remedial service, with an inspection report of work performed of the Bi-Directional Amplifier (BDA) System IAW the PWS.
Pricing Arrangement: Firm Fixed Price
6 Months
Section C - Description/Specifications/Statement of Work
Requirements Bi-Directional Amplifier (BDA) System Upgrade and Monthly Scheduled Preventative Maintenance, Repair, Calibration and Remedial Service
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: IAWPWS
DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Section F - Deliveries or Performance
Overall Contract Delivery Period
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC
Period of Performance From 30 Sep 2026 To 29 Sep 2027
12 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Period of Performance From 30 Sep 2026 To 29 Sep 2027
1 Job Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Period of Performance From 30 Sep 2027 To 29 Sep 2028
12 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Period of Performance From 30 Sep 2028 To 29 Sep 2029
12 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Period of Performance From 30 Sep 2029 To 29 Sep 2030
12 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
Period of Performance From 30 Sep 2030 To 29 Sep 2031
12 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001 Telephone: Refer to G-242-H001
Option Line Item
6 Months Place of Performance DoDAAC: N32253 CountryCode: USA
PEARL HARBOR NAVAL SHIPYARD IMF
667 SAFEGUARD ST SUITE 100, PEARL HARBOR HI 96860-5033
PEARL HARBOR, HI 96860-5033
UNITED STATES
Refer to G-242-H001, Refer to G-242-H001 Email: Refer to G-242-H001
Period of Performance From 30 Sep 2031 To 29 Mar 2032
Telephone: Refer to G-242-H001
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(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 and Receiving Report (Combo) Destination/Destination (D/D)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 N50082
Issue By DoDAAC N32253
Admin DoDAAC N32253
Inspect By DoDAAC N32253
Ship To Code N32253
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N32253
Service Acceptor (DoDAAC) N32253
Accept at Other DoDAAC N/A
LPO DoDAAC N32253
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
For invoicing questions: prlh_phns_c610.4_contracts@us.navy.mil
AND
usn.ncr.sea-01.mbx.wawf-hq-functional-mail-box@us.navy.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
G-242-H001 - GOVERNMENT CONTRACTADMINISTRATION POINTS-OF-CONTACT AND
RESPONSIBILITIES (NAVSEA) (OCT 2023)
(Oct 2023)
(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.
(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.
(c) The points of contact are as follows:
(i) The Procuring Contracting Officer (PCO) is:
Name: Evangeline Calaustro Address: PHNSY & IMF, C414 667 Safeguard St. Ste. 100
JBPHH, HI 96860-5033
Phone: (808) 473-8000 x 6572 E-mail: evangeline.b.calaustro.civ@us.navy.mil
(ii) The Contract Specialist is:
Name: Reid Y. Saito Address: PHNSY & IMF, C414 667 Safeguard St. Ste. 100
JBPHH, HI 96860-5033
Phone: (808) 473-8000 x 5813 E-mail: reid.y.saito.civ@us.navy.mil
(iii) The Administrative Contracting Officer (ACO) is:
Name: [ * ] Address:
[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(d) The Contracting Officer's Representative (COR) is the contracting officer's appointed representative for technical matters. The COR is not a contracting officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the contract or to otherwise change any contract requirements. An informational copy of the COR appointment letter, which provides a delineation of COR authority and responsibilities, will be provided upon award of this contract.
The Contracting Officer's Representative (COR) is:
Name: [ * ] Address:
[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(e) The Alternate Contracting Officer's Representative (ACOR) is responsible for COR responsibilities and functions in the event that the COR is unavailable due to leave, illness, or other official business. The ACOR is appointed by the contracting officer; a copy of the ACOR appointment will be provided upon award of this contract.
The Alternate Contracting Officer's Representative (ACOR) is:
Name: [ * ] Address:
[ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(f) The Technical Point of Contact (TPOC) is the contracting officer's representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.
The Technical Point of Contact (TPOC) is:
Name: [ * ] Address: [ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(g) The Alternate Technical Point of Contact (ATPOC) is responsible for TPOC responsibilities and functions in the event that the TPOC is unavailable due to leave, illness, or other official business.
The Alternate Technical Point of Contact (ATPOC) is:
Name: [ * ] Address:
[ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(h) The Authorized Ordering Person(s) for Per-Call Maintenance is responsible for issuing and maintaining records for any per-call orders for remedial maintenance placed under this contract. No per-call order shall be placed outside the scope of this contract and the cumulative total of all orders shall not be in excess of any not-to-exceed amount specified in the contract. Per-call orders shall not, in any way, modify any terms and conditions of the contract.
(i) The Authorized Ordering Person(s) for Per-Call Maintenance is:
Name: [ * ] Address:
[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx];
E-mail: [ * ]
(j) The Contractor's point of contact for performance under this contract is:
Name: [ * ] Address:
[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
[ * ] To be completed at contract award
(End of Text)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026- O0038)
Feb 2026
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
Feb 2026
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026- O0038)
Feb 2026
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026- O0038)
Feb 2026
52.215-8 Order of Precedence-Uniform Contract Format. (Deviation 2026-O0038) Feb 2026 52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-O0038) Feb 2026 52.219-8 Utilization of Small Business Concerns. (Deviation 2026-O0038) Feb 2026 52.219-33 Nonmanufacturer Rule. (Deviation 2026-O0038) Feb 2026 52.222-3 Convict Labor. (Deviation 2026-O0038) Feb 2026 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation 2026-O0038) Mar 2026 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) Feb 2026 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) Feb 2026 52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) Feb 2026
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038)
Feb 2026
52.222-41 Service Contract Labor Standards. (Deviation 2026-O0038) Feb 2026
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026-O0038)
Feb 2026
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) Feb 2026
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026- O0038)
Feb 2026
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) Feb 2026
52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1)
Apr 2026
52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-23 Sustainable Products. (Deviation 2026-O0038) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-1 Authorization and Consent. Jun 2020 52.229-3 Federal, State, and Local Taxes. Feb 2026 52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026-O0038) Feb 2026 52.232-18 Availability of Funds. Apr 1984 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026 52.240-92 Security Requirements. (Deviation 2026-O0038) Feb 2026 52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation 2026-O0038) Feb 2026
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026- O0038)
Apr 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
252.204-7003 Control of Government Personnel Work Product. Apr 1992
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 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
252.209-7004 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 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.217-8 Option to Extend Services. (Nov 1999)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .60 days
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the 30 days Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the 60 Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .66 months
(End of clause)
52.219-14 Limitations on Subcontracting. (Deviation 2026-O0038) (Feb 2026)
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that-Definition. Similarly situated entity
(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, e.g.
any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) This clause applies only to-Applicability.
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) An independent contractor shall be considered a subcontractor.Independent contractors.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies 29 CFR Part 4 the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
23160 - Electrician, Maintenance $45.88/Hour
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
Authorized Deviations in Clauses (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 in this solicitation or contract of any (48 CFR ) clause with an authorized deviation Defense Federal Acquisition Regulations Supplement 2 is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirements.
(Nov 2025)
CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)
(a) . As used in this clause- Definitions
"Controlled unclassified information" means information the Government creates or possesses, or information an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls (32 CFR 2002.4(h)).
"Current" means-
(1) With regard to Conditional Cybersecurity Maturity Model Certification (CMMC) Status-
(i) Not older than 180 days for Conditional Level 2 (Self) assessments and Conditional Level 2 (certified third-party assessment organization (C3PAO)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR
170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance by an affirming official (see 32 CFR 170.4); and
(ii) Not older than 180 days for Conditional Level 3 (Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.18); and
(B) A corresponding affirmation of continuous compliance by an affirming official;
(2) With regard to Final CMMC Status-
(i) Not older than 1 year for Final Level 1 (Self), with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.15);
and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official;
(ii) Not older than 3 years for Final Level 2 (Self) assessments and Final Level 2 (C3PAO) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(iii) Not older than 3 years for Final Level 3 (DIBCAC) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.18);
and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(3) With regard to affirmation of continuous compliance (32 CFR 170.22), not older than 1 year with no changes in compliance with the requirements at 32 CFR part 170.
"Cybersecurity Maturity Model Certification (CMMC) status" means the result of meeting or exceeding the minimum required score for the corresponding assessment. The potential statuses are as follows:
(1) Final Level 1 (Self).
(2) Conditional Level 2 (Self).
(3) Final Level 2 (Self).
(4) Conditional Level 2 (C3PAO).
(5) Final Level 2 (C3PAO).
(6) Conditional Level 3 (DIBCAC).
(7) Final Level 3 (DIBCAC).
"Cybersecurity Maturity Model Certification unique identifier (CMMC UID)" means 10 alpha-numeric characters assigned to each CMMC assessment and reflected in the Supplier Performance Risk System (SPRS) for each contractor information system.
"Federal contract information (FCI)" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government. It does not include information provided by the Government to the public, such as on public websites, or simple transactional information, such as information necessary to process payments.
"Plan of action and milestones" means a document that identifies tasks to be accomplished. It details resources required to accomplish the elements of the plan, any milestones in meeting the tasks, and scheduled completion dates for the milestones, as defined in National Institute of Standards and Technology Special Publication 800-115 (32 CFR 170.21).
(b) . The Cybersecurity Maturity Model Certification (CMMC) is a framework for assessing a contractor's compliance with Framework applicable information security protections (see 32 CFR part 170).
(c) . The CMMC assessments will not duplicate efforts from any other comparable DoD assessment, except for rare circumstances Duplication when a reassessment may be necessary, for example, when there are indications of issues with cybersecurity and/or compliance with CMMC requirements.
(d) . The Contractor shall- Requirements
(1)(i) Have and maintain for the duration of the contract a current CMMC status at the following CMMC level, or higher: CMMC LEVEL 1 for all information systems used in performance of the contract, task order, or delivery order that process, store, or transmit FCI or CUI; and(SELF)
(ii) Consult 32 CFR 170.23 related to the flowdown of the CMMC requirements, and flow down the correct CMMC level to subcontracts and other contractual instruments;
(2) Only process, store, or transmit FCI or CUI on contractor information systems that have a CMMC status at the CMMC level required in paragraph (d)(1) of this clause, or higher;
(3) Complete on an annual basis, and maintain as current, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required in paragraph (d)(1) of this clause in the Supplier Performance Risk System (SPRS) ( ) for each CMMC UID applicable to each of the contractor information systems that process, store, or transmit FCI https://piee.eb.mil or CUI and that are used in performance of the contract;
(4) Ensure all subcontractors and suppliers complete prior to subcontract award, and maintain on an annual basis, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required for the subcontract or other contractual instrument for each of the subcontractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the subcontract; and
(5) If the Contractor has a CMMC Status of Conditional, successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(e) . The Contractor shall- Reporting
(1) Submit to the Contracting Officer-
(i) The CMMC UID(s) issued by SPRS for contractor information systems that will process, store, or transmit FCI or CUI during performance of the contract; and
(ii) Any changes in the CMMC UIDs generated in SPRS throughout the life of the contract, task order, or delivery order, if applicable;
(2) Enter into SPRS the results of a current self-assessment for each CMMC UID, not covered by a C3PAO assessment or DIBCAC assessment, applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract; and
(3) Complete in SPRS on an annual basis and maintain as current an affirmation of continuous compliance by the affirming official (see 32 CFR 170.4) for each self-assessment, C3PAO assessment, or DIBCAC assessment required under the contract in SPRS.
(f) . The Contractor shall- Subcontracts
(1) Insert the substance of this clause, including this paragraph (f) and excluding paragraph (e)(1), in subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items, if the subcontract or other contractual instrument will contain a requirement to process, store, or transmit FCI or CUI; and
(2) Prior to awarding a subcontract or other contractual instrument, ensure that the subcontractor has a current CMMC certificate or current CMMC status at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor based on the requirements at
32 CFR 170.23.
(End of clause)
Section J - List of Attachments OPSEC Plan Not Required - Contractors shall meet the requirements of all solicitation and award attachments.
Attachments:
Number Attachment Name Attachment Description Reference Identifier
Date
PERFORMANCE
WORK
STATEMENT
Performance Work Statement 03 Aug
Appendix I Safety & Health
Performance Work Statement 01 Jul
Appendix II Environmental Facilities
Performance Work Statement 16 Oct
Appendix III Contractor Security Requirements for
PHNSY
Performance Work Statement 01 Feb
Operations Security (OPSEC) Contract Requirements
Performance Work Statement DoDM 5205.02 01 Feb
Wage Determination Rev.
No. 28
Performance Work Statement 13 May
Section K - Representations, Certification, & Other Statements
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
Sep 2024
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
Feb 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
Jun 2023
FAR Clauses Incorporated by Full Text
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation.
(Deviation 2026-O0038)
(Feb 2026)
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this clause-Definitions
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) . The Offeror represents that-Representation
(1) It is, is not an inverted domestic corporation; and
(2) It is, is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038)
(Feb 2026)
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2026) (DEVIATION 2026-O0038)
(a) The Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026- O0038)
(Feb 2026)
TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this provision-Definitions
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.
5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
DFARS Clauses Incorporated by Full Text
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. (Dec 2019)
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)
(a) . As used in this provision, "covered defense telecommunications equipment or…
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