SF 1449 - N6264925QHA05.pdf
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- Solicitation number
- N6264925QHA05
About this file
This is a solicitation (Request for Quote) for a Women-Owned Small Business (WOSB) contract for Direct Procurement Method (DPM) personal property shipments in the territory of Guam. The contract will be a Blanket Purchase Agreement (BPA) with a maximum order value of $25,000, covering five ordering periods from October 2025 to September 2030. The solicitation includes three primary service schedules: Schedule I Outbound Services, Schedule II Inbound Services, and Schedule III Intra-City Area Moves.
The evaluation will be based on three factors: Price, Technical, and Past Performance. Technical evaluation includes a DD Form 1811 Pre-Award Survey, demonstration of technical experience through three similar contracts within the past five years, and an operational plan. Offerors must be registered in the System for Award Management (SAM) and large businesses must submit a small business subcontracting plan. The solicitation is issued by the Navy's contracting office in Yokosuka, with quotes due by 2:00 PM on 29 Sep 2025. The contract is set aside for women-owned small businesses and has a North American Industry Classification System (NAICS) code of 488991 with a size standard of 500 employees.
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Other files
| File | Type | Posted |
|---|---|---|
| Att 05 BPA Terms and Conditions.pdf | ||
| Amendment 0001 SF 30.pdf | ||
| Att 04 Wage Determination.pdf | ||
| Att 01 Appendix A-G PWS.pdf | ||
| Att 02 Appendix A-D.pdf | ||
| Att 03 Price Schedule.xls | XLS spreadsheet |
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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
DPM for Unaccompanied Baggage & Household Goods
N6264925QHA05
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Allowed Per Order Maximum: 25,000.00 Dollars, U.S.
Item Supplies/Service Quantity Unit Unit Price Amount
Schedule I Outbound Services
Ordering Period 1: Schedule I Outbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Ordering Period begins on the date of award through ______.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule II Inbound Services
Ordering Period 1: Schedule II Inbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Ordering Period begins on the date of award through ______.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule III Intra-City Area Moves
Ordering Period 1: Schedule III Intra-City and Intra-Area Moves In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Ordering Period begins on the date of award through ______.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule I Outbound Services
Ordering Period 2: Schedule I Outbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule II Inbound Services
Ordering Period 2: Schedule II Inbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule III Intra-City Area Moves
Ordering Period 2: Schedule III Intra-City and Intra-Area Moves In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule I Outbound Services
Ordering Period 3: Schedule I Outbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule II Inbound Services
Ordering Period 3: Schedule II Inbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule III Intra-City Area Moves
Ordering Period 3: Schedule III Intra-City and Intra-Area Moves In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule I Outbound Services
Ordering Period 4: Schedule I Outbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule II Inbound Services
Ordering Period 4: Schedule II Inbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule III Intra-City Area Moves
Ordering Period 4: Schedule III Intra-City and Intra-Area Moves In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule I Outbound Services
Ordering Period 5: Schedule I Outbound Services In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Schedule II Inbound Services
Ordering Period 5: Schedule II Inbound Services In accordance with (IAW) the attached Performance Work Statement 1 Job
(PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
Schedule III Intra-City Area Moves
Ordering Period 5: Schedule III Intra-City and Intra-Area Moves In accordance with (IAW) the attached Performance Work Statement (PWS) and Pricing Schedule.
Pricing Arrangement: Firm Fixed Price
1 Job
Section C - Description/Specifications/Statement of Work Reference Attachment 1: Att 01 Appendix A-G PWS
Requirements
PACKING, CONTAINERIZATION AND LOCAL DRAYAGE OF DIRECT PROCUREMENT METHOD
(DPM) PERSONAL PROPERTY SHIPMENTS
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC
Period of Performance From 15 Oct 2025 To 29 Sep 2026
1 Job
Period of Performance From 15 Oct 2025 To 29 Sep 2026
1 Job
Period of Performance From 15 Oct 2025 To 29 Sep 2026
1 Job
Period of Performance From 30 Sep 2026 To 29 Sep 2027
1 Job
Period of Performance From 30 Sep 2026 To 29 Sep 2027
1 Job
Period of Performance From 30 Sep 2026 To 29 Sep 2027
1 Job
Period of Performance From 30 Sep 2027 To 29 Sep 2028
1 Job
Period of Performance From 30 Sep 2027 To 29 Sep 2028
1 Job
Period of Performance From
1 Job
2003 30 Sep 2027 To 29 Sep 2028
Period of Performance From 30 Sep 2028 To 29 Sep 2029
1 Job
Period of Performance From 30 Sep 2028 To 29 Sep 2029
1 Job
Period of Performance From 30 Sep 2028 To 29 Sep 2029
1 Job
Period of Performance From 30 Sep 2029 To 29 Sep 2030
1 Job
Period of Performance From 30 Sep 2029 To 29 Sep 2030
1 Job
Period of Performance From 30 Sep 2029 To 29 Sep 2030
1 Job
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
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 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.223-10 Waste Reduction Program. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
(DEVIATION 2024-O0013 REVISION 1)
May 2024 Deviation 2024-O0013 May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 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
252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)
Feb 2024 Deviation 2024-O0006 Feb 2024
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 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.245-7003 Contractor Property Management System Administration Jan 2025 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
(Jan 2025) Deviation 2025-O0004 (Mar 2025)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0003 AND 2025-O0004)
(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 (section 743 of Division E, Title (JAN 2017) 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 (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)
(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
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021) 4655).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)
(11)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (DEC 2023)
Alternate I of 52.204-30.(ii) (DEC 2023)
(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).JAN
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )JAN 2025
(21)
52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )JAN 2025
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9.(v) ( )JAN 2025
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (25) Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).FEB 2024
(26)
52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) Postaward ( )JAN 2025
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT ) (15 U.S.C. 637(m)).2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (SEP 2021)
52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)
(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(JAN 2025)
[Reserved](33)
[Reserved](34)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)
(39)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (JAN 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
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 (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (MAY 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (43) (MAY 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.
52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, (46) and 42 U.S.C. 7671l).
(47)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(48)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(49)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)
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.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (JAN 2025)
Alternate III of 52.225-3.(iv) (FEB 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021) Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (NOV 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (MAY 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (NOV 2021) 3805).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63) Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)
(65)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
(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.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG (29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014) (41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. (10) (JAN 2025) 40118(g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record 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)
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 (1)
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 (41 U.S.C. 3509).(NOV 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)
(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 (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)
(vii)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (DEC 2023)
(B) Alternate I of 52.204-30.(DEC 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further ( )JAN 2025 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) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)
(xvi)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)
(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 (41 U.S.C. chapter 67).2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(JAN 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)
(xxii)
52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
(B) Alternate I of 52.224-3.(JAN 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) 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 (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) 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)
52.219-9 Small Business Subcontracting Plan. (Jan 2025)
SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025)
(a) This clause does not apply to small business concerns.
(b) . As used in this clause-Definitions
Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, ) and which is et seq.
considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof ( division, plant, or product line).e.g., Commercial product means a product that satisfies the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101.
Commercial service means a service that satisfies the definition of "commercial service" in FAR 2.101.
Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.
Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
Total contract dollars means the final anticipated dollar value, including the dollar value of all options.
Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.
(c)
The Offeror, upon request by the Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately (1) Contracting addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the
Offeror ineligible for award of a contract.
(2)
Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and (i) socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.
(ii) Unless the Contractor has reason to question the representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if-
(A) The subcontractor is registered in SAM; and
(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.
(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(iv) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(d) The Offeror's subcontracting plan shall include the following:
(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 15 U.S.C. 657r(a), an Offeror that is a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico. In accordance with 43 U.S.C. 1626-
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and
(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.
(2) A statement of-
(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to-
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes ( , existing company source lists, SAM, veterans e.g.
service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities ( , outreach, assistance, counseling, or e.g.
publicizing subcontracting opportunities) in this clause.
(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with-
(i) Small business concerns (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.
(9) Assurances that the Offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns, including entities that are treated as small business concerns by statute for certain purposes ( ANCs, see 13 CFR 125.3(b)(2))) that receive subcontracts in excess of the e.g., applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.
(10) Assurances that the Offeror will-
(i) Cooperate in any studies or surveys as may be required;
(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;
(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;
(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;
(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;
(vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and
(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.
(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists ( SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned e.g., small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating-
(A) Whether small business concerns were solicited and, if not, why not;
(B) Whether veteran-owned small business concerns were solicited and, if not, why not;
(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why not;
(E) Whether small disadvantaged business concerns were solicited and, if not, why not;
(F) Whether women-owned small business concerns were solicited and, if not, why not; and
(G) If applicable, the reason award was not made to a small business concern.
(iv) Records of any outreach efforts to contact-
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through-
(A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program's requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.
(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if-
(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or
(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.
(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.
(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.
(15) Assurances that the Contractor will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).
(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns.
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