RFQ (SPRRA2-26-Q-0048).pdf
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- Attached to
- Javelin Toolkits
- Solicitation number
- SPRRA2-26-Q-0048
- Issued by
-
Defense Logistics Agency Aviation
About this file
This is a Solicitation/Contract/Order for Commercial Items (Standard Form 1449) issued by the Defense Logistics Agency (DLA) for the procurement of Javelin Foreign Military Sales (FMS) Toolkits.
The solicitation SPRRA2-26-Q-0048 seeks 37 units of the Javelin FMS Toolkit, Part Number 13470013, in support of the Tactical Aviation and Ground Munitions (TAGM) Project Office. The requirement is structured as a single, firm-fixed-price (FFP) unrestricted acquisition open to all responsible offerors. Delivery is scheduled in two tranches: 4 units by September 30, 2026, and 33 units by December 31, 2026, with FOB destination to PEO M&S in Huntsville, Alabama (W80FLT). The offer due date is August 3, 2026, at 5:00 PM local time. The solicitation incorporates standard FAR clauses by reference (52.212-1, 52.212-4, 52.212-3, and 52.212-5) and includes numerous supplemental requirements covering commercial packaging and marking standards, inspection at destination, stop-work order authority, WAWF payment processing, Buy American and trade agreement certifications, duty-free entry provisions, and prohibition on foreign-made unmanned aircraft systems. The acquisition is certified for national defense under the Defense Priorities and Allocations System (DPAS) with a DX rating. Contract administration will be handled by DLA with Scott M. Alexander as the contract specialist (256-957-9696; scott.alexander@dla.mil). Past performance evaluation will emphasize SPRS assessments, historical quality, and delivery schedule compliance.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Exhibit A - Components List.pdf | ||
| SPRRA226Q0048-0002.pdf | ||
| SPRRA226Q0048-0001.pdf | ||
| Exhibit A - Components List.pdf | ||
| Exhibit A - Components List.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
17b. Check If Remittance Is Different And Put Such Address In Offer
18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.
Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:
30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
SPRRA2-26-Q-0048 2026JUL02
SCOTT M. ALEXANDER (000)000-0000
SCOTT.ALEXANDER@DLA.MIL
2026AUG03 05:00pm
SPRRA2
DEFENSE LOGISTICS AGENCY
5201 MARTIN ROAD/DLA-AVN-AH
REDSTONE ARSENAL AL 35898-7340
X
332216
X DOA2
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 49
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: SCOTT M. ALEXANDER
Buyer Office Symbol/Telephone Number: DLA-AVN-AHAC/(000)000-0000
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
*** End of Narrative A0000 ***
A-1. THIS IS A SINGLE, FIRM-FIXED-PRICE (FFP) EFFORT, UNRESTRICTED AND OPEN TO ALL RESPONSIBLE OFFERORS. THE GOVERNMENT ENCOURAGES FULL
AND OPEN COMPETITION TO THE MAXIMUM EXTENT PRACTICABLE.
A-2. THIS REQUIREMENT IS FOR 37 EACH (EA) OF THE JAVELIN FOREIGN MILITARY SALES (FMS) TOOLKIT, PART NUMBER 13470013, IN SUPPORT OF THE
TACTICAL AVIATION AND GROUND MUNITIONS (TAGM) PROJECT OFFICE (PO). FOR THE FULL LIST OF THE TOOLKIT'S COMPONENTS, PLEASE SEE "EXHIBIT A -
COMPONENTS LIST."
A-3. BY REPLYING TO THIS SOLICITATION AND SUBMITTING A QUOTE, THE OFFEROR IS ACKNOWLEDGING ITS ABILITY TO SUPPORT THIS REQUIREMENT FOR
THE FULL SOLICITED QUANTITY.
A-4. FLIGHT SAFETY/CRITICAL SAFETY ITEM (CSI) IS NOT REQUIRED.
A-5. PRODUCTION LOT TESTING (PLT) IS NOT REQUIRED.
A-6. FIRST ARTICLE TEST (FAT) IS NOT REQUIRED.
A-7. SERIAL NUMBER REQUIREMENT REPORTING (SNRR) MARKINGS ARE NOT REQUIRED.
A-8. THE AVIATION MAINTENANCE MANAGEMENT SYSTEM-AVIATION (TAMMS-A) MARKINGS ARE NOT REQUIRED.
A-9. CONTRACTOR FURNISHED REUSABLE CONTAINERS ARE NOT REQUIRED.
A-10. IUID MARKINGS ARE NOT REQUIRED.
A-11. ARMS EXPORT CONTROL IS NOT APPLICABLE.
A-12. SERIAL NUMBERING IS NOT REQUIRED.
A-13. FIT CHECK IS NOT REQUIRED.
A-14. CONTRACTOR POINT OF CONTACT:
NAME: TO BE DETERMINED AT TIME OF AWARD
TELEPHONE NUMBER: TO BE DETERMINED AT TIME OF AWARD
E-MAIL ADDRESS: TO BE DETERMINED AT TIME OF AWARD
A-15. DCMA POINT OF CONTACT:
NAME: TO BE DETERMINED AT TIME OF AWARD
TELEPHONE NUMBER: TO BE DETERMINED AT TIME OF AWARD
E-MAIL ADDRESS: TO BE DETERMINED AT TIME OF AWARD
A-16. CONTRACT SPECIALIST POINT OF CONTACT:
NAME: SCOTT M. ALEXANDER
TELEPHONE NUMBER: (256)957-9696
E-MAIL ADDRESS: SCOTT.ALEXANDER@DLA.MIL
FACSIMILE QUOTES WILL NOT BE ACCEPTED. ALL QUOTES MUST BE E-MAILED.
A-17. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.
A-18. DEFENSE PRIORITY AND ALLOCATIONS SYSTEM (DPAS):
2 49
SPRRA2-26-Q-0048 REPRINT
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
THIS IS A DO DPAS RATED ORDER, AND YOU ARE REQUIRED TO NOTIFY DLA WITHIN 15 DAYS OF RECEIPT OF ORDER IF THE RATED ORDER CANNOT BE
FULFILLED AS WRITTEN. THIS INCLUDES CONFLICTING RATED ORDER SCHEDULES. IF NO RESPONSE IS RECEIVED DURING THE REQUIRED RESPONSE TIME, THE
CONTRACTOR SELF-ATTESTS ORDER ACCEPTANCE AS IS.
A-19. COMMERCIAL ITEMS ADDENDUM TO 52.212-4:
"52.212-4, CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ADDENDUM"
THE FOLLOWING CLAUSES WITHIN THIS CONTRACT TAKE PRECEDENCE OVER THE STANDARD LANGUAGE AND ARE CONSIDERED AN ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
A-20. PRODUCT QUALITY DEFICIENCY REPORTS (PQDRS)(NEW SPARES):
THE ARMY UTILIZES THE PRODUCT QUALITY DEFICIENCY REPORT (PQDR) PROGRAM AS REQUIRED BY THE DEFENSE LOGISTICS MANUAL (DLM) 4000.25, VOLUME
2, JUNE 24,2025 CHANGE 21 AND AR 702-7-1 TO IDENTIFY, REPORT, AND RESOLVE POTENTIAL DEFICIENCIES FOUND BY THE END USER IN PRODUCTS FROM
THE DOD SUPPLY CHAIN. WHEN REQUESTED BY THE GOVERNMENT, THE CONTRACTOR SHALL ASSIST THE AVMC SYSTEMS READINESS DIRECTORATE (SRD) OR THE
COGNIZANT CONTRACT ADMINISTRATION OFFICE IN EVALUATING PQDRS AND EXHIBITS FOR DEFECTS REPORTED ON ITEMS MANUFACTURED UNDER THIS CONTRACT
TO DETERMINE THE ROOT CAUSE FOR DEFICIENCIES. A FINAL REPORT SHOULD BE GIVEN NO LATER THAN 75 DAYS AFTER RECEIPT OF PQDR EXHIBIT.
CORRECTIVE ACTION AND PREVENTATIVE ACTION TO PRECLUDE RECURRENCE OF DISCREPANCIES SHALL BE AN INTEGRAL PART OF THE CONTRACTOR'S QUALITY
PROGRAM. THE CONTRACTOR SHALL NOT BILL THE GOVERNMENT AS A DIRECT CHARGE FOR COOPERATION WITH THE GOVERNMENT IN THE RESOLUTION OF ANY
PQDRS.
A-21. PLEASE SUBMIT ALL INQUIRIES AND QUESTIONS TO:
NAME: SCOTT M. ALEXANDER
OFFICE SYMBOL: DLA-AHC1
TELEPHONE NUMBER: (256)957-9696
E-MAIL ADDRESS: SCOTT.ALEXANDER@DLA.MIL
*** END OF NARRATIVE A0001 ***
3 49
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 PRODUCTION QUANTITY 37 EA $ $ ___________________ ______________ __________________
COMMODITY NAME: JAVELIN FMS TOOLKIT
CLIN CONTRACT TYPE:
Firm Fixed Price
FOR THE FULL LIST OF COMPONENTS, PLEASE SEE
"EXHIBIT A - COMPONENTS LIST."
(End of narrative A001)
Packaging and Marking _____________________
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
DEL REL CD QUANTITY DEL DATE __________ ______________ ___________
001 4 30-SEP-2026
002 33 31-DEC-2026
FOB POINT: Destination
SHIP TO:
(W80FLT) XR W6DV PEO M&S HUNTSVILLE
PM TAGM PDM
8022 COTTONWOOD ROAD
REDSTONE ARSENAL,AL,35898-5750
4 49
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
PACKAGING AND MARKING
PACKAGING/PACKING/SPECIFICATIONS:
COMMERCIAL PACKAGING AND PACKING REQUIREMENTS:
D-1. GENERAL STANDARD
THE CONTRACTOR SHALL PRESERVE, PACKAGE, AND PACK THE TOOLBOX IN ACCORDANCE WITH BEST COMMERCIAL PRACTICES. THE PACKAGING MUST ENSURE
SAFE DELIVERY TO THE DESTINATION, PREVENT DETERIORATION AND DAMAGE DURING SHIPPING, HANDLING, AND STORAGE, AND SECURE THE LOWEST
APPLICABLE TRANSPORTATION RATES.
D-2. PRIMARY CONTAINER (CORRUGATED BOX)
THE TOOLBOX SHALL BE INDIVIDUALLY PACKAGED IN A STANDARD CORRUGATED FIBERBOARD SHIPPING BOX (COMMONLY REFERRED TO AS CARDBOARD). THE
PACKAGING STRUCTURAL INTEGRITY SHALL MEET OR EXCEED THE REQUIREMENTS ESTABLISHED IN ASTM D3951, "STANDARD PRACTICE FOR COMMERCIAL
PACKAGING." THE BOX DIMENSIONS SHALL BE APPROPRIATELY SIZED TO MINIMIZE VOID SPACE WHILE ALLOWING ADEQUATE ROOM FOR NECESSARY
CUSHIONING.
D-3. CUSHIONING AND DUNNAGE
THE CONTRACTOR SHALL UTILIZE APPROPRIATE COMMERCIAL-GRADE CUSHIONING AND VOID-FILL MATERIALS WITHIN THE BOX. THESE MATERIALS MUST
EFFECTIVELY IMMOBILIZE THE TOOLBOX AND PROTECT SUSCEPTIBLE EXTERNAL COMPONENTS (SUCH AS HINGES, LATCHES, AND HANDLES) FROM IMPACT, VIBRATION, AND ABRASION DURING TRANSIT.
D-4. CLOSURE AND SEALING
THE CORRUGATED BOX SHALL BE SECURELY CLOSED AND SEALED USING HEAVY-DUTY COMMERCIAL SHIPPING TAPE, APPROVED ADHESIVES, OR STRAPPING. THE
CLOSURE METHOD MUST BE ADEQUATE TO WITHSTAND THE INTENDED MODE OF TRANSPORTATION, MULTIPLE HANDLING POINTS, AND PREVENT ACCIDENTAL
OPENING OR PILFERAGE.
D-5. EXTERIOR MARKING
ALL EXTERIOR PACKAGING SHALL BE CLEARLY MARKED IN ACCORDANCE WITH STANDARD COMMERCIAL PRACTICES. MARKINGS MUST INCLUDE, AT A MINIMUM, THE CONTRACT OR PURCHASE ORDER NUMBER, IDENTIFICATION OF THE ENCLOSED ITEM, AND ANY APPLICABLE SAFETY OR HANDLING INSTRUCTIONS (E.G., WEIGHT WARNINGS, ORIENTATION ARROWS).
*** END OF NARRATIVE D0001 ***
INSPECTION AND ACCEPTANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984
DELIVERIES OR PERFORMANCE
2 52.242-15 STOP-WORK ORDER AUG/1989
3 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS APR/1984
5 49
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
4 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) JAN/2023
(a) Definitions. As used in this clause
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1)Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
THE CONTRACTOR IS ENCOURAGED TO USE THE COMBINATION INVOICE AND RECEIVING REPORT (COMBO) FOR SUBMITTING INVOICES FOR SUPPLIES. THIS
ELIMINATES THE NEED TO SEPARATELY PROCESS A RECEIVING REPORT AND INVOICE.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
NOT APPLICABLE (N/A).
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv)For performance based payments, submit a performance based payment request.
(v) For commercial financing submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
6 49
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(3)Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TO BE DETERMINED AT TIME OF AWARD
Issue By DoDAAC SPRRA2
Admin DoDAAC TO BE DETERMINED AT TIME OF AWARD
Inspect By DoDAAC TO BE DETERMINED AT TIME OF AWARD
Ship To Code W80FLT
Ship From Code TO BE DETERMINED AT TIME OF AWARD
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4)Payment request.The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5)Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g)WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TO BE DETERMINED AT TIME OF AWARD
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
7 49
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
5 52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE (FEB 2026) FEB/2026
6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020
7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL FEB/2026
SERVICES (FEB 2026)
8 52.227-1 AUTHORIZATION AND CONSENT JUN/2020
9 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN/2020
10 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013
11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
12 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(MAR MAR/2023
2023)
13 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (FEB 2026) FEB/2026
14 52.245-1 GOVERNMENT PROPERTY SEP/2021
15 52.245-9 USE AND CHARGES APR/2012
16 52.248-1 VALUE ENGINEERING JUN/2020
17 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
18 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DEC/2022
19 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
20 252.204-7006 BILLING INSTRUCTIONS--COST VOUCHERS (MAY 2023) MAY/2023
21 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING MAY/2024
(MAY 2024) (DEVIATION 2024-O0013, REVISION 1)
22 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT JAN/2023
(JAN 2023)
23 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2023
EQUIPMENT OR SERVICES (JAN 2023)
24 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) NOV/2023
25 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024) FEB/2024
26 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS MAR/2022
27 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES APR/2022
28 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997
29 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013
30 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN JAN/2023
2023)
31 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
32 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
33 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
34 252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (JAN 2025) JAN/2025
35 252.245-7005 Management and Reporting of Government Property JAN/2024
36 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR OCT/2025
EXECUTIVE ORDERS?COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT
2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 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) 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) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
8 49
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 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 communitysee FAR 3.900(a).
X (5) 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) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of
Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act OrdersFederal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115390, title II).
__ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act OrdersProhibition. (Dec 2023) ( Pub. L. 115390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 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) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated DamagesSubcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 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).
X (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 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) 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) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (32) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
__ (33) [Reserved]
__ (34) [Reserved]
__ (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39)
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(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR
22.1803.)
__ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C.
7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21none , Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (MAR 2025) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42
U.S.C. 7671l)(DEVIATION 2025-O0004).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards scaps (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)
(Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.
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chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May
2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49
U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division
E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
(Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.20430, Federal Acquisition Supply Chain Security Act OrdersProhibition. (Dec 2023) ( Pub. L. 115390, title II).
(B) Alternate I (Dec 2023) of 52.20430.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements
(May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
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(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
37 52.216-19 ORDER LIMITATIONS OCT/1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TO BE DETERMINED
AT TIME OF AWARD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of TO BE DETERMINED AT TIME OF AWARD;
(2) Any order for a combination of items in excess of TO BE DETERMINED AT TIME OF AWARD; or
(3) A series of orders from the same ordering office within TO BE DETERMINED AT TIME OF AWARD days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TO BE DETERMINED AT TIME OF AWARD days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
38 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES APR/2003
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of TO BE DETERMINED AT TIME OF AWARD, contingent fees in any amount.
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(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.
(End of clause)
39 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
40 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEM (FEB FEB/2026
2026)
(a)Definitions. As used in this clause
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information
(1)Means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government; but
(2)Does not include information provided by the Government to the public (such as on public websites) or simple transactional information (such as information necessary to process payments).
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems
Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b)Safeguarding requirements.
(1)Basic requirements. The Contractor shall safeguard its covered contractor information systems by implementing, at minimum, the following security controls:
(i)Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii)Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii)Verify and control/limit connections to and use of external information systems.
(iv)Control information posted or processed on publicly accessible information systems.
(v)Identify information system users, processes acting on behalf of users, or devices.
(vi)Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii)Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
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(viii)Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix)Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x)Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi)Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii)Identify, report, and correct information and information system flaws in a timely manner.
(xiii)Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv)Update malicious code protection mechanisms when new releases are available.
(xv)Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2)Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by
Federal departments and agencies relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c)Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
41 252.225-7013 DUTY-FREE ENTRY (AUG 2025) AUG/2025
Definitions. As used in this clause
"Component," means any item supplied to the Government as part of an end product or of another component.
"Customs territory of the United States" means the 50 States, the District of Columbia, and Puerto Rico.
"Eligible product" means
(1) "Designated country end product," as defined in the Trade Agreements (either basic or alternate) clause of this contract;
(2)Free Trade Agreement country end product,other than aend product,aMoroccan end product,aPanamanian end product,or aPeruvian end product,as defined in the Buy AmericanFree Trade AgreementsBalance of Payments Program (either basic or alternate II) clause of this contract; or
(3)Free Trade Agreement country end productother than aend product, Korean end product,Moroccan end product, Panamanian end product,orPeruvian end product,as defined in the Buy AmericanFree Trade AgreementsBalance of Payments Program (either alternate IV or alternate V) clause of this contract.
"Qualifying country" and "qualifying country end product" have the meanings given in the Trade Agreements clause, the Buy American and
Balance of Payments Program clause, or the Buy AmericanFree Trade AgreementsBalance of Payments Program clause of this contract, basic or alternate.
(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs territory of the United States before the date of this contract or the applicable subcontract, the price of this contract shall not include any amount for duty on
(1) End items that are eligible products or qualifying country end products;
(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or
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(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the customs territory of the United
States.
(c) The Contractor shall
(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under this contract, either as end items or components of end items; and
(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than
(i) Scrap or salvage; or
(ii) Competitive sale made, directed, or authorized by the Contracting Officer.
(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates and will afford such assistance as appropriate to obtain the duty-free entry of supplies
(1) For which no duty is included in the contract price in accordance with paragraph
(b) of this clause; and
(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.
(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this clause, shipping documents submitted to Customs shall
(1) Consign the shipments to the appropriate
(i) Military department in care of the Contractor, including the Contractor's delivery address; or
(ii) Military installation; and
(2) Include the following information:
(i) Prime contract number and, if applicable, delivery order number.
(ii) Number of the subcontract for foreign supplies, if applicable.
(iii) Identification of the carrier.
(iv)(A) For direct shipments to a U.S. military installation, the notation: "UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free
Entry to be claimed pursuant to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the
United States. Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19
CFR part 142 and notify Defense Contract Management Agency (DCMA) St. Louis, St. Louis, MO, ATTN: Duty Free Entry Team, 1222 Spruce
Street, Room 9.300, St. Louis, MO 63103-2812, for execution of Customs Form 7501, 7501A, or 7506 and any required duty-free entry certificates."
(B) If the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to include the name and address of the contractor, agent, or broker who will notify DCMA St. Louis, Duty Free
Entry Team, for execution of the duty-free entry certificate. (If the shipment will be consigned to a contractor's plant and no duty-free entry certificate is required due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and shall comply with the U.S. Customs Service requirements. No notification to DCMA St. Louis, Duty Free Entry Team, is required.)
(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight).
(vi) Estimated value in U.S. dollars.
(vii) Activity address number of the contract administration office administering the prime contract, e.g., for DCMA Dayton, S3605A.
(f)Preparation of customs forms.
(1)(i) Except for shipments consigned to a military installation, the Contractor shall
(A) Prepare any customs forms required for the entry of foreign supplies into the customs territory of the United States in connection
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with this contract; and
(B) Submit the completed customs forms to the District Director of Customs, with a copy to DCMA St. Louis, Duty Free Entry Team for execution of any required duty-free entry certificates.
(ii) Shipments consigned directly to a military installation will be released in accordance with sections 10.101…
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