RFQ - SOLICITATION - 1240LS25Q0013 -TRANSFER CASE REPAIR.pdf

Solicitation Number: 1240LS25Q0013

(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 (RFQ)).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, 17 Jan 2025, to include Deviation Feb 2025

(iv) This procurement is set aside for Small Business. The NAICS code is 811111 and the Small Business Size Standard is $8.0 Mil.

The PSC Code is J028.

(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: 811111 Size Standard: $8.0 Mil (PSC: J028) Delivery address Color Country Interagency Fire Center - 1770 WEST KITTYHAWK DRIVE, CEDAR CITY, UT. 84721-8319

**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 by:

Sched of Items / Item Description QTY U/I Unit Price Extended Price

01: Transfer Case Repair (EN8126) Fire Engine: 2022 Freightliner, Vin 3ALDCYFE1NDNC7358 01 EA $ $

02: Labor HR $ $

03: Towing (To = 1ea/within 150 miles) or (To & From = 2ea/over 150 miles) Color Country Interagency Fire Center

1770 WEST KITTYHAWK DRIVE, CEDAR CITY, UT. 84721-8319

EA $ $

04: Misc. $ $

Total $

Schedule Notes: **QUOTES ARE DUE BY: 04/18/2025 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.

Johnson, Melissa -FS Insert your schedule of items here. A sample is provided here that complies with the USDA desk book 404.10

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

The United States Department of Agriculture (USDA), Forest Service (FS), Intermountain Region, Dixie National Forest, has a need to diagnose, repair or replace, as is required upon diagnosis completion a transfer case on a 2022 Freightliner, Vin 3ALDCYFE1NDNC7358. Upon diagnosis completion, Vendor contact the Contracting Officer Representative (COR) to inform on status and cost before continuing work. COR will acquire any needed funds and inform the Contracting Officer to include any additional repairs or funding required. The contractor SHALL NOT begin this additional work until they have received a modification to the contract which funds the additional repairs and incorporates that work into the contract. The Government SHALL NOT be responsible for any unauthorized repairs.

Diagnostics performed: Pulled plug on transfer case and was full metal.

Probable parts list: Meritor Transfer Case (or other repair parts), Freight charges (if any), 5 gal. 50w synthetic trans oil, common shop supplies.

OEM parts are required to be used except where not available on the open market to retain warranty integrity and market value.

Provider Needs to be within 150 miles of 1770 W Kittyhawk Drive, Cedar City, UT. If the repair location is farther, the vendor will have to tow to and from the repair site. If the repair location is within 150 miles, the vendor will tow to repair site, but Forest Service personnel will come get the vehicle when complete. FS will not pick up beyond 150 miles.

Veh. Transport info: Weight 28,000 pounds - Length 29 feet 4 inches - Width 8 feet 2 inches - Length 10 feet and 2 inches.

This is provided for you towing purposes if needed.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location ASAP – Provider Needs to be within 150 miles of 1770 W Kittyhawk Drive, Cedar City, UT. If the repair location is farther, the vendor will have to tow to and from the repair site. If the repair location is within 150 miles, the vendor will tow to repair site, but Forest Service personnel will come get the vehicle when complete. FS will NOT pick up beyond 150 miles.

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

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

1) Offerors must have an active entity registration in SAM, the System for Award Management, in order to submit an offer 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) Price Proposal – Include the following: completed price schedule from section (v) of this solicitation for all items.

4) All Vendor information blocks must be completed (pg1). Failure to sign means disqualification from evaluation and award.

5) Quotes are due into my email inbox No Later Than 18 Apr 2025 08:00am MT. None late are accepted.

Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov PH:(801) 908-1904

6) Questions will not be accepted after 15 Apr 2025.

7) One award will be made from this solicitation, and Contractors must submit pricing for ALL items.

8) Mark and sign the reps and certs contained in this document. Do not send your own version.

9) Withdrawal of offers will be accepted at any time.

10) You may add to, but not change or take away from anything written herein. Highlight any additions.

All added terms and conditions from vendors are considered rejected. Inclusion of any added terms or conditions disqualifies your quote from consideration, with the exception of warranties. You may add warranty information as needed in a separate document.

11) 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 or CO 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.

https://www.sam.gov/SAM/ mailto:barclay.webster@usda.gov Johnson, Melissa -FS Insert requirement description. List any applicable attachments to your solicitation here. I.e.: PWS, wage Determination, etc.

Enter work location

(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 and the following factors shall be used to evaluate offers:

Factor #1 – Technical Capability of Service Quoted:

Subfactor #1 – Ability of Service to Meet Required Specifications/Experience Quote must at a minimum, demonstrate the technical capability of the quoter, including:

- Must have experience in performing Engine Repairs or similar services.

- Maintainers must be ASE or some other Nationally recognized certification in maintenance being performed.

- Key personnel’s technical abilities, training, and experience, indicating at least 3 years of experience.

Subfactor #2 – Ability to meet the Delivery Date you identified on pg 1, section (v).

- The projected delivery time must be met. You must have the tools, equipment and parts availability to meet projected delivery times as identified on pg 1, sec (v)

Subfactor #3 – Distance from Color Country Interagency Fire Center - 1770 WEST KITTYHAWK DRIVE, CEDAR

CITY, UT. 84721-8319

- Quoter shall provide their shop location and distance from 1770 WEST KITTYHAWK DRIVE, CEDAR CITY, UT.

84721-8319. Keep in mind: Delivery, when complete, will run up your cost if beyond 150 miles.

Factor #2 Past Performance:

Vendor must not have any negative data in SAM, FAPIIS, CPARS or other report 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.

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. The Government considers “relevant” present/past performance to be present/past performance effort involved in similar scope and magnitude of effort and complexities this solicitation requires.

The Government may also use past performance information obtained from other than the sources identified by the quoter. Information obtained from the Past Performance Information Retrieval System (PPIRS) database located at http//www.ppirs.gov is one of the sources that will be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems and is sponsored by the DOD E-Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth.

Factor # 3 -Price: Award will be made to the quoter whose quote represents the best value to the Government.

Technical and past performance, when combined, are equal in importance to price.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

5. Data Verification:

Failure to sign this solicitation, disqualifies your submission without evaluation for failure to accept terms.

You must be active (not expired) in SAM to submit a quote or have it evaluated or receive an award. You must remain active in SAM for the duration of the award and payment period.

https://www.ppirs.gov/

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 uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 Nemeth, Amanda - FS, AK IAW FAR 4.2102, as prescribed in FAR 4.2105(c) include in all solicitations.

Helpful Resource: FAI FCS 103 Security Exclusions and Prohibitions

Nemeth, Amanda - FS, AK 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 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.

https://www.sam.gov/

(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.]

(d)[RESERVED] Representations required to implement provisions of Executive Order11246- (1)Previous contracts and compliance. The offeror represents that- (i)It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii)It □ has, □ has not filed all required compliance reports.

(2)Affirmative Action Compliance. The offeror represents that- (i)It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii)It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (E.O. 14173 & 14168, 21 Jan 2025)

(t) [Reserved.]Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 Johnson, Melissa -FS Include in all.

Webster, Barclay - FS, UT DEVIATION Feb 2025 IAW (E.O. 14173 & 14168, 21 Jan 2025)

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.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____________. (Deviation Feb 2025) (E.O. 14173 & 14168) (CAAC Letter 2025-02 Supplement 1)

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222- 25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

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

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 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:

☐ (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).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 Webster, Barclay - FS, UT Lined out IAW (Deviation Feb 2025) (E.O. 14173 & 14168) (CAAC Letter 2025-02 Supplement 1)

Johnson, Melissa -FS Use in solicitations and contracts exceeding the simplified acquisition threshold.

Johnson, Melissa -FS 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.

Johnson, Melissa -FS Use in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Webster, Barclay - FS, UT The contracting officer shall insert the clause at 52.203-17, Contractor Employee Whistleblower Rights, in all solicitations and contracts, except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community (see 3.900(a)).

Johnson, Melissa -FS 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)

Johnson, Melissa -FS 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.

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.

☒ (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)

☐ (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).

☐ 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) (15U.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] FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015). (E.O. 14173 & 14168, 21 Jan 2025) ☐ (34) [RESERVED] (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

☐ (ii) Alternate I (FEB 1999) of FAR 52.222-26. (E.O. 14173 & 14168) ☐ (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).

☐ (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).

https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 Johnson, Melissa - FS, PA Use in all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.

Johnson, Melissa A -FS 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)).

Nemeth, Amanda - FS, AK 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

Nemeth, Amanda - FS, AK 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

Johnson, Melissa A -FS 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”).

Johnson, Melissa -FS Use in solicitations and contracts where the contract value exceeds $35,000.

Johnson, Melissa -FS Use In solicitations where the resultant contract value is expected to exceed $600,000; and include in resultant contact if the offeror “has” in paragraph (b) of the provision at 52.209-7. (Has over $10M in total value of active federal grants and contracts)

Johnson, Melissa -FS Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, HUBZone small business concerns under 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).

Johnson, Melissa -FS Use in solicitations and contracts for acquisitions conducted using full and open competition.

Johnson, Melissa -FS Use in solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns

Johnson, Melissa -FS Use when including FPI in the competition. See 19.502-7

Johnson, Melissa -FS Use in solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, Johnson, Melissa -FS Use when including FPI in the competition. See 19.502-7

Johnson, Melissa -FS Use in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless-a personal services contract is contemplated.

Johnson, Melissa -FS Use in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $750,000 ($1.5 million for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside for small business or is to be accomplished under the 8(a) program.

Johnson, Melissa -FS Use if contracting by sealed bidding rather than by negotiation

Johnson, Melissa -FS Use if contracting by negotiation, and subcontracting plans are required with initial proposals

Johnson, Melissa -FS Use if the contract action will not be reported in the Federal Procurement Data System

Johnson, Melissa -FS Use if Incorporating a subcontracting plan due to a modification

Johnson, Melissa -FS Use in all solicitations for multiple-award contracts under which orders may be set aside for any of the small business concerns

Johnson, Melissa -FS Use in all full and open solicitations and contracts for multiple-award contracts under which orders will be set aside for any of the small business concerns identified in 19.000(a)(3) if the conditions in 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met.

Johnson, Melissa -FS Use in solicitations and contracts—

(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;

(2) Using the HUBZone price evaluation preference - However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

Johnson, Melissa -FS Use in all solicitations and contracts containing the clause at 52.219-9,.

Johnson, Melissa -FS Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole source basis to, service-disabled veteran-owned small business concerns. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns or when orders may be issued directly to one service-disabled veteran-owned small business contractor.

Johnson, Melissa -FS Use in solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii) – outside the US and its outlying areas.

Johnson, Melissa -FS Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with more than one NAICS code. This is authorized for solicitations issued after October 1, 2025 (see 19.102(b)).

Johnson, Melissa -FS Use in solicitations and contracts for acquisitions that are set aside for, or awarded on a sole source basis to, EDWOSB concerns. This includes multiple-award contracts when orders may be set aside for EDWOSB concerns or when orders may be issued directly to one EDWOSB contractor.

Johnson, Melissa -FS Use in solicitations and contracts for acquisitions that are set aside for, awarded on a sole source basis to, WOSB concerns.