RFQ 70B03C26Q00000237.pdf
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- Solicitation number
- 70B03C26Q00000237
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RFQ Summary
This is a Request for Quotation (RFQ) issued by the U.S. Department of Homeland Security, Customs & Border Protection (CBP), Border Enforcement Contracting Division for landscaping services at the Swanton Border Patrol Station in Swanton, Vermont. The solicitation number is 70B03C26Q00000237, issued on July 27, 2026, with quotes due by August 4, 2026 at 12:00 p.m. ET. This is a small business set-aside procurement under NAICS code 561730 with a size standard of $8.5 million. The RFQ seeks two line items: (1) OPS-Swanton BPS-Snow Base Period (1.000 Year) and (2) OPS-Swanton BPS-Grounds Base Period (1.000 EA), with delivery required by June 30, 2027 to the CBP facility at 104 Raven Drive, Swanton, Vermont 05488.
The contract is a firm-fixed-price purchase order with a base performance period from September 1, 2026 through June 30, 2027, followed by four (4) optional one-year periods exercisable at the Government's discretion. Quoters must submit a completed SF-18, technical capability statement, price quote form, and past performance questionnaires via email to robert.j.kay@cbp.dhs.gov. A pre-award contractor walk-through of the Swanton BP Station is scheduled for July 30, 2026 at 11:00 a.m. (POC: Kelly Colling, 802-330-7742). The Government will evaluate submissions based on technical capability and past performance (weighted more heavily than price) to determine best value. Wage Determination 2015-4137 applies. Questions must be submitted by July 31, 2026 at 12:00 p.m. ET, with responses published through SAM.gov.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Attachment B Task and Frequency.docx | DOCX document | |
| Price Schedule.docx | DOCX document | |
| WD 2015-4137 r38.pdf | ||
| SOW.docx | DOCX document | |
| Attachment A Building Information.xlsx | XLSX spreadsheet | |
| Past Performance Questionnaire.docx | DOCX document |
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Text version
4. CERT.FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
7. DELIVERY
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ
BUSINESS SET-ASIDE.
PAGE OF PAGES
RATING1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO.
5a. ISSUED BY
9. DESTINATION
8. TO
b. COMPANY
b. STREET ADDRESS
a. NAME OF CONSIGNEE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.
Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
5b.FOR INFORMATION CALL (NO COLLECT CALLS)
a. NAME
NAME TELEPHONE NUMBER (Include Area code)
IS IS NOT A SMALL
6. DELIVERY BY (Date)
OTHER
(See Schedule)
FOB
DESTINATION
c. STREET ADDRESS
d. CITY f. ZIP CODEe. STATE
c. CITY
d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
11. SCHEDULE (Include applicable Federal, State and local taxes)
1 41
11A.
ITEM NO.
11F.
AMOUNT
11C.
QUANTITY
11D.
UNIT
11E.
UNIT PRICE
11B.
SUPPLIES/SERVICES
70B03C26Q00000237 07/27/2026 0020154338
DHS - Customs & Border Protection Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW
Washington DC 20229
Robert J. Kay 317-614-4824
06/30/2027
See Attached Delivery Schedule
08/04/2026
TOTAL
12. DISCOUNT FOR PROMPT
PAYMENT
CALENDAR DAYS (%)a. 10 CALENDAR DAYS
(%) NUMBER
c. 30 CALENDAR DAYS
b. 20 CALENDAR DAYS
(%) PERCENTAGE
NOTE: Additional provisions and representations
a. NAME OF QUOTER
13. NAME AND ADDRESS OF QUOTER
c. COUNTY
e. STATE f. ZIP CODE
b. STREET ADDRESS
d. CITY
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
15. DATE OF
QUOTATION
16. SIGNER
a. NAME
c. TITLE (Type or print)
b. TELEPHONE (Include Area code) are are not attached.
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not useable
10 1.000 YR
OPS-Swanton BPS-Snow BasePeriod
OPS-Swanton BPS-Grounds Base Period 1.000 EA
PAGE OF PAGES
NOTES:
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
1. REQUEST NO. 2. DATE ISSUED
2 4170B03C26Q00000237 07/27/2026
STANDARD FORM 18 (REV. 6-95)
(1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO FAR Subpart 12 as supplemented with additional information included in the notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(2) The solicitation number is 70B03C26Q00000046 and is issued as a Request for Quotes (RFQ) under RFO Part 12.202. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01. The associated North American Industrial Classification System (NAICS) code for this procurement is 561730 with a small business size standard $8.5 million. Wage Determination 2015-4137 applies to this solicitation.
(3) This procurement is set aside to Small Business vendors under NAICS 561730 (Landscaping Services). All qualified, responsible sources may submit quotes in accordance with the instructions set forth herein. Quoters are advised that they are responsible for obtaining any amendments that may be issued to the solicitation. The resulting contract shall be awarded to the offeror who provides the best value to the Government.
(4) Technical Capability: Quoters shall submit a technical capability statement or proposal, that describes the quoters abilities to successfully complete the requirements in the Statement of Work.
(5) Past Performance: The Government will review submitted past performance questionnaires and relevant sources. If no questionnaires are available, a neutral rating will be assigned. Past Performance Questionnaires may be emailed directly to the contracting officer by the closing date of the solicitation, robert.j.kay@cbp.dhs. gov, or submitted with the quote.
(6) Price: Quoters shall submit a price quote on the attached Price Quote Form.
(7) Evaluation: The resulting contract shall be awarded to the offeror who provides the best value to the Government. Technical Capability and Past Performance, when combined, will be more important than price.
(8) Quoters shall submit the (1) completed and signed SF 18, (2) Technical Capability Statement or Proposal, (3) Price Quote Form and (4) Past Performance Questionnaires to robert.j.kay@cbp.dhs.gov no later than 8/4/2026 at 12:00 p.m. ET. It is preferred, but not required, that the Quoter submit these documents as separate attachments within the same email. The email file size cannot exceed 10MB.
(9) Any questions concerning this solicitation shall be submitted no later than 7/31/2026 at 12:00 p.m. ET. All questions and quotes shall only be submitted via email to the above address. Government responses to questions may be published through SAM.
gov so that all interested quoters will have access to the same information.
(10) Period of performance for the PO shall be a base year with Four (4), One-year option periods exercisable at the Government’s discretion.
Base Year 9/1/2026 –6/30/2027 Option Year One 7/1/2027 – 6/30/2028 Option Year Two 7/1/2028 – 6/30/2029 Option Year Three 7/1/2029 – 6/30/2030 Option Year Four 7/1/2030 – 6/30/2031
(11) There will be a one-time contractor walk-thru of the Calais BP Station, 67 Park Road, Baring, ME 04694 on Thursday, 7/30/2026 at 11:00 a.m. POC: Kelly Colling, 802-330-7742.
(12) The following documents are attached to this solicitation:
SOW, Price Schedule, Attachment A, Attachment B, Wage Determination, Past Performance Questionnaire.
ROBERT KAY
Inserted Text edi
70B03C26Q00000237
SECTION I SCHEDULES
TERMS AND CONDITIONS FOR SIMPLIFIED ACQUISITIONS
U.S. CUSTOMS and BORDER PROTECTION Supplemental Clauses/Provisions
I.1 SCHEDULE OF SUPPLIES/SERVICES
ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE
10 OPS-Swanton BPS-Snow Base Period 1.000 YR 20 OPS-Swanton BPS-Grounds Base Period 1.000 YR
Total Funded Value of Award:
I.2 DELIVERY SCHEDULE
DELIVER TO: ITEM # QTY DELIVERY DATE
CUSTOMS AND BORDER PROTECTION
104 RAVEN DR
SWANTON, VT 05488
10 1.000 06/30/2027
20 1.000 06/30/2027
SECTION II CONTRACT CLAUSES
II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov . [Insert one or more Internet addresses]
(End of clause)
II.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)
II.3 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
II.4 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
II.5 52.222-3 CONVICT LABOR (JUN 2003)
II.6 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
II.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
II.8 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
II.9 52.222–55 MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2022)
II.10 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
II.11 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)
II.12 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB 2013)
II.13 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT
2018)
II.14 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.15 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)
II.16 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 Days .
(End of clause)
II.17 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 DAYS days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
II.18 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract.
(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.
(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.
(d) Reservation of rights.
(1) No payment or other action by the Government under this clause shall-
(i) Excuse the Contractor from performance of obligations under this contract; or
(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government’s rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(e) Content of Contractor's request for financing payment. The Contractor’s request for financing payment shall contain the following:
(1) The name and address of the Contractor;
(2) The date of the request for financing payment;
(3) The contract number and/or other identifier of the contract or order under which the request is made; and
(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.
(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.
(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.
(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (FAR 52.232-31) and the terms in this clause, the terms of this clause shall govern.
(End of clause)
II.19 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) (48
CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
II.20 3052.212-70 CONTRACT TERMS and CONDITIONS APPLICABLE to DHS ACQUISITION of COMMERCIAL
ITEMS (JUL 2023) (HSAR DEVIATION 25-09)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
[ ] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
[ ] 3052.247-70 F.o.B. Origin Information.
[ ] Alternate I [ ] Alternate II
[ ] 3052.247-71 F.o.B. Origin Only.
[ ] 3052.247-72 F.o.B. Destination Only.
(b) Clauses.
[ ] 3052.203-70 Instructions for Contractor Disclosure of Violations.
[ ] 3052.204-72 Safeguarding of Controlled Unclassified Information.
[ ] Alternate I [ ] 3052.205-70 Advertisement, Publicizing Awards, and Releases.
[ ] Alternate I [ ] 3052.209-72 Organizational Conflicts of Interest.
[ ] 3052.209-73 Limitation on Future Contracting.
[ ] 3052.215-70 Key Personnel or Facilities.
[ ] 3052.216-71 Determination of Award Fee.
[ ] 3052.216-72 Performance Evaluation Plan.
[ ] 3052.216-73 Distribution of Award Fee.
[ ] 3052.219-71 DHS Mentor Protégé Program.
[ ] 3052.228-70 Insurance.
[ ] 3052.236-70 Special Provisions for Work at Operating Airports.
[ ] 3052.240-71 Contractor Employee Access.
[ ] Alternate I [ ] Alternate II
[ ] 3052.240-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.
[X ] 3052.242-72 Contracting Officer’s Representative.
(End of clause)
II.21 3052.225-70 REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (NOV 2024)
(a) Definitions. As used in this clause–
(1) Commercial, as applied to an item described in paragraph(b) of this clause, means an item of supply, whether an end item or component, that meets the definition of ‘‘commercial item’’ set forth in (FAR) 48 CFR 2.101.
(2) Component means any item supplied to the Government as part of an end item or of another component.
(3) End Item means supplies delivered under a line item of this contract.
(4) Non-commercial, as applied to an item described in paragraph (b) or (c) of this clause, means an item of supply, whether an end item or component, that does not meet the definition of ‘‘commercial item’’ set forth in (FAR) 48
CFR 2.101.
(5) Qualifying country means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered.
(6) United States includes the possessions of the United States.
(b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end items or components, that have been grown, reprocessed, reused, or produced in the United States:
(1) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or
(2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as fieldpacks), textile marine equipment, parachutes or bandages.
(c) The Contractor shall deliver under this contract only such of the following non-commercial items, either as end items or components, that have been grown, reprocessed, reused, or produced in the United States:
(1) Cotton and other natural fiber products.
(2) Woven silk or woven silk blends.
(3) Spun silk yarn for cartridge cloth.
(4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics).
(5) Canvas products.
(6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).
(7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c).
(d) This clause does not apply--
(1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices;
(2) To the covered items in paragraphs (b) and (c) of this clause containing non compliant fibers when the total value of the non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item; or
(3) To items that are eligible products per (FAR) 48 CFR Subpart 25.4.
(End of Clause)
II.22 52.204-10 REPORTING EXECUTIVE COMPENSATION and FIRST-TIER SUBCONTRACT AWARDS (AUG 2025)
(DEVIATION 25-19)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor’s general and administrative expenses or indirect costs.
Month of award means the month in which the Contracting Officer signs a contract or the month in which the Contractor signs a first-tier subcontract.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the information described at 17 CFR 229.402(c)(2).
(b) Requirement. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public;
therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. Nothing in this clause requires disclosing classified information.
(c) Reporting. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (f) of this clause, the Contractor shall report the following in the System for Award Management at https://www.sam.gov as follows:
(1) Executive compensation of the prime contractor. The Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if–
(i) In the Contractor's preceding fiscal year, the Contractor received–
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm).
(2) First-tier subcontract information. The Contractor shall report the following information by the end of the month following the month of award of each first-tier subcontract award:
(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s ultimate parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) The subcontract number assigned by the Prime Contractor.
(vii) Subcontractor’s physical address.
(viii) Subcontractor’s primary performance location.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) The applicable North American Industry Classification System code.
(3) Executive compensation of the first-tier subcontractor. The Contractor shall report by the end of the month following the month of award of a first-tier subcontract award and annually thereafter (calculated from the prime contract award date) the names and total compensation of each of the five most highly compensated executives for that subcontractor in the subcontractor’s preceding completed fiscal year, if–
(i) In the subcontractor’s preceding fiscal year, the subcontractor received–
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (see http://www.sec.gov/answers/execomp.htm).
(d) Restriction. The Contractor shall not split or break down subcontracts to a value below the threshold at the Federal Acquisition Regulation 4.208(e), on the date of subcontract award, to avoid the reporting requirements in paragraph (c) of this clause.
(e) Duration. Continued reporting on first-tier subcontracts is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after a first-tier subcontract expires.
(f) Exceptions.
https://www.sam.gov/ http://www.sec.gov/answers/execomp.htm http://www.sec.gov/answers/execomp.htm
(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(g) Prepopulated data. The Subcontract Reports in SAM will prepopulate with some information from SAM and the Federal Procurement Data System (FPDS). If the FPDS information is incorrect, the Contractor should notify the Contracting Officer. If the SAM information is incorrect, the Contractor is responsible for correcting this information.
(End of clause)
II.23 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19)
(a) Definitions. As used in this clause–
Commercial and Government Entity code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award
Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.
Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to–
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).
Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
https://www.sam.gov/
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause)
II.24 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (AUG 2025)(DEVIATION 25-19)
(a) Definition. As used in this clause–
First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor's general and administrative expenses or indirect costs.
(b) Requirement. The Contractor shall report, according to paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).
(c) Report elements. The Contractor shall report the following information:
(1) Contract number and, as applicable, order number.
(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.
(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.
(4) Data reported by subcontractors under paragraph (f) of this clause.
(d) Remedies. The Contractor shall submit the information required in paragraph (c) of this clause in the System for Award Management (SAM) at https://www.sam.gov (see SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under the Federal Acquisition Regulation part 42.
(e) Review. Agencies will review Contractor-reported information for reasonableness and consistency with available contract information. If the agency believes that revisions to the Contractor’s reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or put its reason in writing for the agency.
(f) First-tier subcontracts.
(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.303(b), to provide the following detailed information to the Contractor in sufficient time to submit the report:
(i) Subcontract number (including subcontractor name and unique entity identifier); and
(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.
(2) The Contractor shall tell the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.
II.25 52.209-6 PROTECTING the GOVERNMENT'S INTEREST WHEN SUBCONTRACTING with CONTRACTORS
DEBARRED, SUSPENDED, PROPOSED for DEBARMENT, or VOLUNTARILY EXCLUDED (NOV
2025)(DEVIATION 25-27)
(a) Definition. As used in this clause–
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that–
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
II.26 52.209-10 PROHIBITION on CONTRACTING with INVERTED DOMESTIC CORPORATIONS (NOV 2025)
(DEVIATION 25-27)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned–
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-3.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
II.27 52.219-6 NOTICE of TOTAL SMALL BUSINESS SET-ASIDE (OCT 2025)(DEVIATION 26-03)
(a) Definition. Small business concern, as used in this clause–
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to-
(1) Contracts that have been set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(End of clause)
II.28 52.219-8 UTILIZATION of SMALL BUSINESS CONCERNS (OCT 2025)(DEVIATION 26-03)
(a) Definitions. As used in this contract–
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) and the System for Award Management (SAM).
Service-disabled veteran-owned small business (SDVOSB) concern means an SDVOSB concern that meets the requirements described in 13 CFR 128.300, is certified by SBA, and is designated by SBA as an SDVOSB concern in SBS and SAM.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business (SDB) concern means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent of which is owned and controlled (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business (VOSB) concern means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans;
and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business (WOSB) concern means a small business concern-
(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women;
(2) Whose management and daily business operations are controlled by one or more women; and
(3) That is certified by SBA or an approved third- party certifier in accordance with 13 CFR 127.300 and is designated by SBA as a WOSB concern in SBS and SAM.
(b) It is the policy of the United States that small business concerns, VOSB concerns, SDVOSB concerns, HUBZone small business concerns, SDB concerns, and WOSB concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, VOSB concerns, SDVOSB concerns, HUBZone small business concerns, SDB concerns, and WOSB concerns.
(c) (1) A joint venture qualifies as a small business concern if–
(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or
(ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program. (See 13 CFR 125.9(d).)”; and
(2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the as may be necessary to determine the extent of the Contractor's compliance with this clause.
(e) (1) Unless the Contractor has reason to question the representation, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business or SDB, 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.
(2) Unless the Contractor has reason to question the representation, it may accept a subcontractor's representations of its size and socioeconomic status as a small business or SDB in the System for Award Management (SAM) if the subcontractor–
(i) Is registered in SAM; and
(ii) 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.
(3) The Contractor may not require that the subcontractor register in SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(4) A contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern, VOSB, SDVOSB, or WOSB concern is certified by SBA by checking SAM or SBS at https://search.certifications.sba.gov/.
II.29 52.219-14 LIMITATIONS of SUBCONTRACTING (OCT 2025)(DEVIATION 26-03)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that–
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to–
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and
19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for–
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause–
[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.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
II.30 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2025)(DEVIATION 26-03)
(a) Definitions. As used in this clause–
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern–
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR…
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