RFQ - 1240LS25Q0051.pdf

Solicitation Number: 1240LS25Q0051

FAC 2025-03 January 17, 2025 (with Feb 2025 Deviations)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation will not be issued.

(ii) This solicitation is issued as an RFQ. (Request for Quotation)

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

(iv) This procurement is set aside for Small Business (enter type of set aside or change to full and open). The NAICS code is 811310 and the Small Business Size Standard is $9 Mil

(v) Schedule of Items/Price Schedule FOB: X Destination Origin Payment will be made via EFT. Invoice using IPP.Gov

Set Aside For: Large Small WOSB SDVOSB Hubzone 8(a)

Must be to quote x

NAICS Code: 811310 @ $9 Mil Size Standard: J024

Delivery address Ogden Ranger District, 6620 Main St, Huntsville, UT 84317

**MUST HAVE ALL INFO BELOW** Failure to sign voids your quote!

Company Name:

Rep’s Name:

Signature: (Must Sign)

Phone:

Email:

Mailing Address:

SAM UEID #

SAM Expiration

Date you can deliver

Item Description

QT

Y

U/I Unit Price Extended Price

01: Remove & Replace CAT Engine in Accordance with specifications using a Kohler Diesel KDI 2504TM

1 EA $ $

02: New 100,000 in lbs. torque hubs, New radiator and fittings, New motor mounts, etc.

1 EA $ $

03: Labor Hr

04: Towing to and from if beyond 600 road miles from delivery address 1 EA $ $

Total $

Schedule Notes: **QUOTES ARE DUE BY: 08/11/2025 by 08:00 MT**

Note: Vendor is required to quote on all items.

Note: Vendor may not submit a quote that does not meet ALL specifications of ALL items as written.

Note: Vendor must be registered and active in SAM as a SB to submit a quote.

Note: No late quotes will be accepted for any reason.

(vi) Description of Requirement (including a list of any attachments)

The US Forest Service, Intermountain Region, Uinta-Wasatch Cache National Forest, requires a CAT engine removal and replacement with an upgrade to a Kohler Diesel KDI 2504TM (No substitutions), and other upgrades in accordance with the statement of work.

GENERAL SPECIFICATIONS

4-cylinder turbo charged diesel engine New 100,000 in lbs. torque hubs New radiator and fittings New motor mounts

DETAILED SPECIFICATIONS

Replace engine with…

Engine: Kohler Diesel KDI 2504TM (No substitutions)

Contract is needed to

Remove the current – underpowered/broken engine from existing Trail CAT unit.

Evaluate existing body – fix and repair/resurface in preparation for new engine.

Install conversion kit for the new engine Install new motor mounts to ensure proper fit and proper functioning of the equipment Install new upgraded engine and all related hoses, connections fittings, electrical, hydraulic lines, retrofit and install new radiator and fittings to ensure proper fit with new engine. Ensure all aspects of the equipment work according to original specifications. Some retrofitting may be required due to different engine.

Remove old Torque Hubs and replace with upgraded new 100,000 lbs as per manufacturer specifications

Perform inspection of equipment to ensure all aspects of the new engine and components are working correctly - correct any issues found to ensure a fully functional asset.

USFS will deliver within 600 road miles of Ogden Ranger District, 6620 Main St, Huntsville, UT 84317. Awarded Vendor will have to transport to and from if they are beyond that distance.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location USFS will deliver within 600 road miles of Ogden Ranger District, 6620 Main St, Huntsville, UT 84317.

Awarded Vendor will have to transport if they are beyond that distance.

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision) Addenda to provision FAR 52.212-1:

Addenda to Provision 52.212-1: paragraph (b) Submission of Offers:

1) Offerors must have an active, unexpired, entity registration in SAM, the System for Award

Management, in order to submit a quote or have it evaluated and be a Small Business.

https://www.sam.gov/SAM/

2) Acknowledge any amendments issued on SAM.gov for this solicitation by completing and signing the posted SF-30 if one is posted.

3) All Vendor information blocks must be completed (pg1). Failure to sign means disqualification from evaluation and award for refusal to accept the terms. Your signature on this solicitation is your signed statement that you will meet all requirements in the SOW as written without substitution unless you have an approved SF30 allowing the change.

4) Quotes are due into my email inbox No Later Than 11 Aug 2025 08:00 am MT. No late quotes will be accepted. Questions will not be accepted after 07 Aug 2025. Deliver quotes to: B. Shane Webster:

barclay.webster@usda.gov (801) 908-1904. One award will be made from this solicitation, and contractors must submit pricing for ALL items or services.

Commented [JMA-1]: Insert requirement description. List any applicable attachments to your solicitation here. I.e.: PWS, wage Determination, etc.

Commented [JMA-2]: Enter work location

Commented [JMA-3]: CO may add any addenda to provision 52.212-1 in this section.

Commented [JM-4]: Tailor offer submission information here.

What do you want the contractor to submit based on the evaluation factors in 52.212-2?

5) Responses should contain the following:

Price Proposal: Completed price schedule from section (v) of this solicitation for all items. Do NOT provide a separate quote from this document. Do supply a specifications sheet for the offering.

Technical Quote: Technical Quotes shall address the evaluation factors in 52.212-2, (ix).

Delivery Date: You must be able to deliver all products/services at the time and date you will specify on pg. 1. If you cannot deliver by the requested date, put the delivery date you can meet in the “Date you can deliver” block on Pg 1. Keep in mind that extensions are not likely to be approved.

6) Other Requirements:

A) Failure to provide requested information (pg1 and 2) will disqualify your quote.

B) You must sign this solicitation on pg 1 or your quote is disqualified without evaluation for failure to accept terms.

C) You must provide your UEID and SAM expiration date on pg 1, and meet business size & type requirement (SB) (WOSB) (VOSB) (SDVOSB) (HUBZONE) (8(a)), etc.

D) Representations & Certifications: Mark and sign the reps and certs contained in this document. Do not send your own version.

E) You may add to, but not change or take away from anything written herein. Highlight any additions. If you would like a term added to the contract, should you be awarded it, request it in your email containing your quote. I will Negotiate its approval with the COR and add it, if we all parties come to an agreement. If the COR finds it unacceptable and negotiation cannot produce a good term, we will not accept the term and you will be informed and have the choice of accepting current terms or dropping your quote with no adverse actions.

(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

1. All Technical Requirements Met: This requirement is a “Meets/Does Not Meet” requirement. You may not submit a quote for a product/service that does not meet ALL requirements as listed in the Statement of Work. An SF30 will be issued for exceptions that are requested and approved by the COR an CO in advance of solicitation closeout.

2. Delivery Date: You must be able to deliver all products/services at the time and date you will specify on page 1. This date is required to evaluate your offer. Those quotes that show delivery prior to the delivery date will be treated more favorably. If you cannot deliver by the requested date, put the delivery date you can meet in the “Date you can deliver” block on Pg 1.

3. Price: The quote that meets all requirements and offers other factors that the government considers a best value to the government for the project. The quote with the lowest price will be treated more favorably but may not win when other factors are considered and weighed against each other.

4. Past Performance: This requirement is a “Meets/Does Not Meet” requirement.

Vendor must not have any negative data in SAM, FAPIIS, CPARS or other reporting systems. (Termination for Convenience of the Government) is not an automatic negative entry. Only negative CPARS, SAM, FAPIIS and other reporting system entries will be considered negative. Terminations for (Cause) or (Default) are negative and will be evaluated on a case-by-case basis to determine if the entry should still be held against the vendor. You must prove you can provide all the items listed by demonstrating a history of delivering like products. Technical and past performance, when combined, are in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price and product offered and delivery time frame, meeting specifications…etc.

5. Warranty of work: Work must be warrantied for all parts and labor and cover material defects as is normally provided to the public.

Commented [JMA-5]: When the use of evaluation factors is appropriate, the contracting officer may (1) Insert the provision at 52.212-2, Evaluation-Commercial Items, in solicitations for commercial items (see 12.602); or

(2) Include a similar provision containing all evaluation factors required by 13.106, subpart 14.2 or subpart 15.3, as an addendum (see 12.302(d)).

FILL IN THE BLANKS. Coordinate with provision 52.212-1 addenda so that you are requesting sufficient documentation to address the factors here. Include a biobased factor when applicable. CO must justify the use of the LPTA source selection process. Not to be used for IT, telecom, professional services, PPE, or training. (see FAR 13.106- 1(a)(2)(v) and FAR 15.101-2)

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that

Commented [NAFA6]: IAW FAR 4.2102, as prescribed in FAR 4.2105(c) include in all solicitations.

Helpful Resource: FAI FCS 103 Security Exclusions and Prohibitions

Commented [NAFA7]: IAW FAR 4.2103(a), as prescribed in FAR 4.2105(a) include in all solicitations for contracts; and under indefinite delivery contracts, in all notices of intent to place an order, or solicitations for an order.

NOTE: Offeror shall not complete representations at paragraph (d)(1) or (d)(2) of this provision if the offeror represented it “does not” in FAR 52.204-26(c)(1) &/or (c)(2) or FAR 52.212-3(v)(2)(i) and/or (v)(2)(ii).

Helpful Resource: FAI FCS 103 Security Exclusions and Prohibitions uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

Commented [JM-8]: Include in all.

Commented [JMF9]: If you wish to add other paragraphs from 212-3 in order to ensure information is accurate for this solicitation you may add them after (b)(1) and (2). (i.e.: if there is a possibility of a foreign end product, add paragraph (f) if clause 52.225-1 applies, add paragraph (g)(1, 2, 3, or 4) if clause 52.225-3 applies, add paragraph (g)(5) if clause 52.225-5 applies. Make sure to include any deviations that apply to the paragraphs you are adding.

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) Addenda to FAR 52.212-4:

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

(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) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ (3) FAR 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II)

Commented [JMA-10]: CO may add any tailoring to clause 52.212-4 here. If none, delete reference to addenda.

Commented [JMA-11]: Use in solicitations and contracts exceeding the simplified acquisition threshold.

Commented [JMA-12]: Use in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more.

Commented [JMA-13]: Use in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Commented [JMA-14]: Use in all solicitations and contracts of $30,000 or more.

The clause is not prescribed for contracts that are not required to be reported in the Federal Procurement Data System (FPDS)

Commented [JMA-15]: Use in solicitations and contracts for services (including construction) that meet or exceed the following thresholds except for indefinite-delivery contracts.

(i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold.

(ii) All other contracts awarded with an estimated total value of $500,000 or greater.

Commented [JMA-16]: Use in solicitations and indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the following thresholds (i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold. (ii) All other contracts awarded with an estimated total value of $500,000 or greater.

Commented [JMFP17]: Use in all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.

Commented [JMAF18]: In all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level, the contracting officer shall insert the clause at 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts, in the basic contract solicitation and resultant contract (see 4.2304(b)(1)(ii)).

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

☐ (13) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) (41 U.S.C. 2313).Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

☐ (16) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-6.

☐ (19) (i) FAR 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-7.

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of FAR 52.219-9.

☐ (iii) Alternate II (Nov 2016) of FAR 52.219-9.

☐ (iv) Alternate III (Jun 2020) of FAR 52.219-9.

☐ (v) Alternate IV (JAN 2025) of FAR 52.219-9.

☐ (22) (i) FAR 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of FAR 52.219-13.

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

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

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Postaward Small Business Program Re-representation (JAN 2025)

(15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of FAR 52.219-28.

☐ (27) FAR 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (28) FAR 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m).

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

☐ (30) FAR 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).[[ ☐ (33) [Reserved] ☐ (34) [Reserved] ☐ (35) (i) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (JUL 2014) of FAR 52.222-35.

☒ (36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

Commented [NAFA19]: As prescribed in FAR 4.2306(c) include in all solicitations and contracts, except for circumstances related to Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts as detailed in FAR 4.2306(c).

Helpful Resource: FAI FCS 103 Security Exclusions and Prohibitions

Commented [NAFA20]: As prescribed in FAR 4.2306(c) include in all solicitations and contracts, except for circumstances related to Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts as detailed in FAR 4.2306(c).

Helpful Resource: FAI FCS 103 Security Exclusions and Prohibitions

Commented [JMAF21]: For acquisitions where the program office or the requiring activity instructs the contracting officer to select specific FASCSA orders, the contracting officer must select “yes” or “no” for each applicable type of FASCSA order ( i.e., “DHS FASCSA Order” “DoD FASCSA Order” or “DNI FASCSA Order”).

Commented [JMA-22]: Use in solicitations and contracts where the contract value exceeds $35,000.

Commented [JMA-23]: Use In solicitations where the resultant contract value is expected to exceed $600,000; and ... [1]

Commented [JMA-24]: Use in solicitations and contracts for ... [2]

Commented [JMA-25]: Use in solicitations and contracts for ... [3]

Commented [JMA-26]: Use in solicitations and contracts ... [4]

Commented [JMA-27]: Use when including FPI in the ... [5]

Commented [JMA-28]: Use in solicitations and contracts ... [6]

Commented [JMA-29]: Use when including FPI in the ... [7]

Commented [JMA-30]: Use in solicitations and contracts ... [8]

Commented [JMA-31]: Use in solicitations and contracts ... [9]

Commented [JMA-32]: Use if contracting by sealed bidding ... [10]

Commented [JMA-33]: Use if contracting by negotiation, and ... [11]

Commented [JMA-34]: Use if the contract action will not be ... [12]

Commented [JMA-35]: Use if Incorporating a subcontracting ... [13]

Commented [JMA-36]: Use in all solicitations for multiple-... [14]

Commented [JMA-37]: Use in all full and open solicitations ... [15]

Commented [JM-38]: Use in solicitations and contracts— ... [16]

Commented [JMA-39]: Use in all solicitations and contracts ... [17]

Commented [JMA-40]: Use in solicitations and contracts for ... [18]

Commented [JMA-41]: Use in solicitations and contracts ... [19]

Commented [JMA-42]: Use the clause with its Alternate I in ... [20]

Commented [JMA-43]: Use in solicitations and contracts for ... [21]

Commented [JMA-44]: Use in solicitations and contracts for ... [22]

Commented [JMA-45]: Use in solicitations and the resulting ... [23]

Commented [JMA-46]: Use in solicitations and contracts ... [24]

Commented [JMA-47]: Use in solicitations and contracts ... [25]

Commented [JMA-48]: Use in all solicitations and contracts ... [26]

Commented [JMA-49]: Use in all solicitations and contracts ... [27]

Commented [JMA-50]: Use in solicitations and contracts if ... [28]

☐ (ii) Alternate I (Jul 2014) of FAR 52.222-36.

☒ (37) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

☐ (40) FAR 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (MAY 2008) of FAR 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (44) FAR 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (45) FAR 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

☐ (47) (i) FAR 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of FAR 52.224-3.

☐ (48) (i) FAR 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1 ☒ (49) (i) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☒(iii) Alternate II (JAN 2025) of FAR 52.225-3.

☐(iv) Alternate III (FEB 2024) of FAR 52.225-3.

☐(v) Alternate IV (OCT 2022) of FAR 52.225-3.

☐ (50) FAR 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) FAR 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

☐ (53) FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) FAR 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

☐ (56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (57) FAR 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (58) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

Commented [JMA-51]: Use in solicitations and contracts that exceed or are expected to exceed $15,000. If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1403(a) or 22.1403(b), use the basic clause with its Alternate I.

Commented [JMA-52]: Use in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

Commented [JMA-53]: Use in all solicitations and contracts performed in the US except acquisitions-less than SAT. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold

Commented [JMA-54]: Use in all solicitations and contracts.

Use Alt 1 for contracts to be performed outside of the US.

Commented [JMA-55]: Note: including this clause requires the contractor to register in E-Verify. Use in all solicitations and contracts that exceed $150,000, except those that-

(a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or ... [29]

Commented [JMA-56]: Except for the acquisition of commercially available off-the-shelf items, insert the clause ... [30]

Commented [JMA-57]: Optional. Use in solicitations and contracts for– ... [31]

Commented [JMA-58]: Use in solicitations and contracts that include the maintenance, service, repair, or disposal of–... [32]

Commented [JMA-59]: Use in solicitations and contracts–

(i) For products that may contain high global warming potential ... [33]

Commented [JMA-60]: Use in solicitations and contracts for Products that may contain high global warming potential ... [34]

Commented [AN61]: As prescribed at FAR 23.109(a) insert in solicitations and contracts— ... [35]

Commented [JMA-62]: Use in solicitations and contracts when, on behalf of the agency, contractor employees will- ... [36]

Commented [JMA-63]: Use in solicitations and contracts for acquisition of services involving the furnishing of supplies. ... [37]

Commented [JMF64]: (ii) The contracting officer shall use the clause with its Alternate I to reflect the domestic content ... [38]

Commented [NAFA65]: Insert clause 52.225-3, Buy American- Free Trade Agreements-Israeli Trade Act, in solicitations and ... [39]

Commented [NAFA66]: Use in solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the ... [40]

Commented [JMA-67]: Use in solicitations and contracts, unless an exception applies.

Commented [JMA-68]: Use in solicitations and contracts for performance outside the United States in an area of-(1) Combat ... [41]

Commented [JMA-69]: Use in solicitations and contracts involving local area set-asides following a disaster declaration.

Commented [JMA-70]: Use in all solicitations and contracts that involve local area set-asides following a disaster ... [42]

Commented [JMA-71]: Use in Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—... [43]

Commented [JMA-72]: See FAR Part 32 if you wish to provide financing or make installment payments.

☒ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

☐ (60) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

☐ (61) FAR 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐ (62) FAR 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

☒ (63) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

☐ (64) FAR 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (i) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of FAR 52.247-64.

☐ (iii) Alternate II (Nov 2021) of FAR 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☐ (2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (6) FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

☐ (7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☐ (8) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at FAR 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

Commented [JMA-73]: Use in solicitations and contracts that include the provision at 52.204-7 System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless–(i) Payment will be made through a third party arrangement or (ii) An exception listed in 32.1103(a) through (i) applies.

Commented [JMA-74]: Use in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7, System for Award Management, or a similar agency clause that requires the contractor to be registered in the SAM.

Commented [JMA-75]: Use if payment under a written contract will be made with a Government-wide commercial purchase card

Commented [JMA-76]: Use in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services.

Commented [JMA-77]: Use in all solicitations and contracts containing the clause at 52.219-9 , Small Business Subcontracting Plan.

Commented [JMA-78]: Use in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of1954.

Commented [JMA-79]: Use in solicitations and contracts if the contract is subject to the Service Contract Labor Standards statute and is-(i) Over $2,500; or (ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less. Do not use if 222-51 or 53 apply.

Commented [JMA-80]: Use in solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.

Commented [JMA-81]: Use in solicitations and contracts if the contract is expected to be a fixed-price, TM, or LH service contract containing the clause at 52.222-41, Service Contract Labor Standards, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold. The clause may be used in contracts that do not exceed the simplified acquisition threshold

Commented [JMA-82]: Use in solicitations and contracts if the contract is expected to be a fixed-price, TM, or LH service contract containing the clause at 52.222-41, Service Contract Labor Standards, exceeds the simplified acquisition threshold, ... [44]

Commented [JMA-83]: Vendor must certify that an exemption is applicable. Use in solicitations and contracts for

(i) Automated data processing equipment and office ... [45]

Commented [JMA-84]: Vendor must certify that the exemption is applicable. ... [46]

Commented [JMA-85]: Use if clause 52.222-41 is included and work is in the US. US means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, ... [47]

Commented [JMA-86]: Use if clause 52.222-41 is included and where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

Commented [JMA-87]: Use in solicitations and contracts greater than $25,000 for the provision, service, or sale of food in the United States.

record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services…