SF 1449 - N0017825QC615.pdf
PDF 2 MB Posted
- Attached to
- Sceptre SW Training
- Solicitation number
- N0017825PC615
About this file
This is a Standard Form 1449 (SF 1449) solicitation/contract for commercial items issued by the Naval Surface Warfare Center Dahlgren Division. The solicitation (N0017825QC615) seeks to acquire SCEPTRE Pro software and training from 3DB Labs, specifically: one SCEPTRE-PRO-ITAR software license, one year of software maintenance (SCEPTRE-PROITAR-MNT1), and three five-day training events in each of fiscal years 2026, 2027, and 2028. The contract will be awarded on a sole source basis using Simplified Acquisition Procedures with a firm fixed price, with the base software license costing $5,000 or more and including one year of updates.
The solicitation is not set aside for small businesses and requires Trade Agreements Act (TAA) compliance. Proposals are due by 12:00 p.m. EST on 20 June 2025, with an anticipated award date of 15 July 2025. Offerors must be registered in the System for Award Management (SAM) and provide an authorized reseller letter from the manufacturer. The award will be made based on Lowest Price Technically Acceptable criteria, and offerors must submit representations required by FAR 52.212-3. The software is specifically designed to work with existing hardware and systems to meet a particular objective for the Naval Surface Warfare Center Dahlgren Division.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Solicitation/Contract Form Continuation
Sceptre SW & Training
N0017825QC615
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Realtime signal processing for those USB, 1GbE, 10Gbe, and PRO receivers listed in the SCEPTRE-ITAR compatibility matrix, GPU acceleration, JICD4.2 sensor and tasker support, offline PDW and IQ based geolocation, direction finding, and optional capability for cellular, and wifi survey.
Manufacturer's Part Number: SCEPTRE-PRO-ITAR Pricing Arrangement: Firm Fixed Price
1 Each
An additional year of software support and maintenance for SCEPTRE-
PROI-TAR
Manufacturer's Part Number: SCEPTRE-PROITAR- MNT1 Pricing Arrangement: Firm Fixed Price
1 Lot
OPTION YEAR 1: (3) Five-day onsite SCEPTRE training, CONUS for up to six students
Manufacturer's Part Number: SCEPTRE-TRN5 Pricing Arrangement: Firm Fixed Price
1 Lot
OPTION YEAR 2: (3) Five-day onsite SCEPTRE training, CONUS for up to six students
Manufacturer's Part Number: SCEPTRE-TRN5 Pricing Arrangement: Firm Fixed Price
1 Lot
OPTION YEAR 3: (3) Five-day onsite SCEPTRE training, CONUS for up to six students
Manufacturer's Part Number: SCEPTRE-TRN5 Pricing Arrangement: Firm Fixed Price
1 Lot
Continuation of Description
STATEMENT OF WORK
SCEPTRE(TM) PRO SOFTWARE & TRAINING
STATEMENT OF WORK (SOW)
1.0 BACKGROUND
The Naval Surface Warfare Center Dahlgren Division, Dam Neck Activity (NSWCDD DNA), currently uses SCEPTRE(TM) software for control of software-defined radios (SDR) and signal analysis. The NSWCDD DNA requires an additional SCEPTRE(TM) software license, with the option to acquire additional software support and maintenance, along with annual SCEPTRE(TM) software operational training.
2.0 APPLICABLE DOCUMENTS
Original Software Publisher Specifications
3.0 REQUIREMENTS
3.1 The Contractor shall provide a quantity of one (1) each SCEPTRE(TM) Pro software license, part number SCEPTRE(TM)-PRO-ITAR, manufactured by 3DB Labs, Inc.
3.1.1 The Contractor shall ensure the software has Realtime signal processing for those Universal Serial Bus ( USB), One (1) Gigabyte Ethernet (1GbE), Ten (10) Gigabyte Ethernet (10GbE) and PRO receivers listed in the SCEPTRE(TM)- International Traffic in Arms Regulations (ITAR) compatibility matrix, Graphics Processing Unit (GPU) acceleration, and tasker support, offline Pulse Descriptor Word (PDW) and In-Phase/Quadrature (IQ) based geolocation, direction finding, and optional capability for cellular, and Wi-Fi survey.
3.2 The Contractor shall provide one (1) additional year of software support and maintenance for SCEPTRE (TM)-PROITAR, part number SCEPTRE(TM)-PROITAR-MNT1, in Fiscal Year 2026 to follow the base period of licensing support.
3.3 The Contractor shall provide option year training to include three (3) five-day onsite SCEPTRE(TM) training, Continental United States (CONUS), for up to six students, part number SCEPTRE(TM)-TRN5 as follows:
3.3.1 A quantity of three (3), five-(5) day SCEPTRE(TM) training events during the period of 1 October 2025 through 30 September 2026;
3.3.2 A quantity of three (3), five-(5) day SCEPTRE(TM) training events during the period of 1 October 2026 through 30 September 2027;
3.3.3 A quantity of three (3), five-(5) day SCEPTRE(TM) training events during the period of 1 October 2026 through 30 September 2027;
3.4 The Contractor shall provide the five-(5) day training events for up to six (6) personnel.
3.5 The Contractor shall provide all materials to include laptops to conduct the training.
3.6 The Contractor training shall cover the following:
3.6.1 Installation of SCEPTRE(TM) software.
3.6.2 Configuration of in-depth use of the software features.
3.6.3 Introduction to wide band digital signal processing as well as engineering terms associated with both software and hardware.
3.6.4 General Communications Intelligence (COMINT) and Push-to-Talk (PTT) signal processing.
3.6.5 Electronic Intelligence (ELINT) capability overview and PDW familiarization.
3.6.6 Plugins and scenarios based around capabilities such as IQ recordings, signal classification, demodulations, archiving/ de-archiving, mapping, and automated signal selection.
3.7 The Contractor shall coordinate with the technical point of contact (TPOC) identified below to confirm finalized training dates and CONUS locations for the training upon award of the order.
4.0 GOVERNMENT-FURNISHED PROPERTY/MATERIAL/INFORMATION (GFP/GFM/GFI)
There is no GFP/GFM/GFI for this requirement.
5.0 SECURITY
All work under this SOW is unclassified.
6.0 TRAVEL
The Contractor will be required to travel in performance of this contract. The number of trips and types of personnel traveling shall be limited to the minimum required to accomplish work requirements and shall be coordinated with the TPOC. All travel shall be conducted in accordance with the Federal Travel Regulations
(FTR).
7.0 TECHNICAL POINT OF CONTACT
Dusty Rogers
NSWCDD DNA
1922 Regulus Ave, Virginia Beach, Va 23461
Phone: (757)492-6661
Email: robert.d.rogers146.civ@us.navy.mil
Requirements Sceptre SW Training
Continuation of Packaging and Marking
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Please contact TPOC upon delivery for inspection/acceptance
DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
COMPTROLLER C1B, 17632 DAHLGREN ROAD SUITE 202
DAHLGREN, VA 22448-5154
UNITED STATES
SHIPPING/RECEIVING, SHIPPING/RECEIVING
Telephone: 540-653-7306
Inspection and Acceptance Location
Both Destination Instructions: Please contact TPOC upon delivery for inspection/acceptance
DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220 TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING/RECEIVING, SHIPPING/RECEIVING
Telephone: 540-653-7306
Inspection and Acceptance Location
Both Destination Instructions: Please contact TPOC upon delivery for inspection/acceptance
DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220 TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING & RECEIVING
Telephone: 540-653-7306
Inspection and Acceptance Location
Both Destination Instructions: Please contact TPOC upon delivery for inspection/acceptance
DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220 TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING & RECEIVING
Telephone: 540-653-7306
Inspection and Acceptance Location
Both Destination Instructions: Please contact TPOC upon delivery for inspection/acceptance
DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220 TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING & RECEIVING
Telephone: 540-653-7306
Continuation of Deliveries or Performance
RECEIVING HOURS
All deliveries to the receiving officer, Naval Surface Warfare Center Dam Neck, shall be made Monday through Friday from 8:00am - 3:30pm local time. No deliveries will be accepted on government holidays.
CONTRACTOR NOTICE REGARDING LATE DELIVERY
In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, he/she shall immediately notify, in writing, the Contracting Officer and the cognizant Contract Administration Services Office, if assigned. The notice shall give the pertinent details; however, such notice shall not be construed as a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.
Ship To
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes
Delivery On Or Before Delivery Date 04 Aug
1 Each Ship To DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220
TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING/RECEIVING, SHIPPING/RECEIVING
Telephone: 540-653-7306
FoB Details Contractor Destination
Delivery On Or Before Delivery Date 04 Aug
Period of Performance From 04 Aug 2025 To
1 Lot Place of Performance DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220
TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING/RECEIVING, SHIPPING/RECEIVING
Telephone: 540-653-7306
03 Aug 2026
Delivery Period From 04 Aug 2026 to 03 Aug 2027
1 Lot Ship To DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220
TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING &
RECEIVING
Telephone: 540-653-7306
Delivery Period From 04 Aug 2027 to 03 Aug 2028
Period of Performance From 04 Aug 2027 To 03 Aug 2028
1 Lot Ship To DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220
TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING &
RECEIVING
Telephone: 540-653-7306
Delivery Period From 04 Aug 2028 to 03 Aug 2029
Period of Performance From 04 Aug 2028 To 03 Aug 2029
1 Lot Ship To DoDAAC: N00178 CountryCode: USA
NSWC DAHLGREN
RECEIVING OFFICER DAHLGREN DIV, 6220
TISDALE RD SUITE 159 BLDG 125
DAHLGREN, VA 22448-5114
UNITED STATES
SHIPPING & RECEIVING, SHIPPING &
RECEIVING
Telephone: 540-653-7306
Continuation of Accounting and Appropriation Data
Final invoice
When submitting an invoice in the WAWF system, please mark all invoices "FINAL" so that the invoice will be properly closed out once payment has been processed. For authorized partial shipment order, only mark the invoice as final once all items have been shipped.
Contract Clauses
Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
Addendum to Contract Clauses
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-17 Ownership or Control of Offeror. Aug 2020 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-20 Predecessor of Offeror. Aug 2020 52.204-7 System for Award Management. Nov 2024 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
Nov 2024
52.247-34 F.o.b. Destination. Nov 1991 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-1 Changes-Fixed-Price. (Alternate III) Aug 1987 Alternate III Apr 1984 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.203-16 Preventing Personal Conflicts of Interest. Jun 2020 52.211-6 Brand Name or Equal. Aug 1999 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020 52.245-1 Government Property. (Alternate I) Sep 2021 Alternate I Apr 2012 52.245-9 Use and Charges. Apr 2012
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Jan 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. (Alternate I) Feb 2024 Alternate I Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.239-7009 Representation of Use of Cloud Computing. Sep 2015
252.239-7010 Cloud Computing Services. Jan 2023 252.239-7017 Notice of Supply Chain Risk. Dec 2022 252.239-7018 Supply Chain Risk. Dec 2022 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
(DEVIATION 2024-O0013 REVISION 1)
May 2024 Deviation 2024-O0013 May 2024
252.225-7015 Restriction on Acquisition of Hand or Measuring Tools. Jun 2005 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024 252.245-7003 Contractor Property Management System Administration Jan 2025 252.245-7005 Management and Reporting of Government Property. Jan 2024
FAR Clauses Incorporated by Full Text
52.217-8 Option to Extend Services. (Nov 1999)
As prescribed in , insert a clause substantially the same as the following:17.208(f)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within insert the period of time within which the Contracting Officer may exercise the option].60
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within within days which the Contracting Officer may 60 exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the 60 contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed years.3
(End of clause)
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (Alternate I)
(May 2024) Alternate I (Feb 2024)
Alternate I . As prescribed in (b)(2), add the following paragraph (c)(12) to the basic provision:(FEB 2024) 12.301
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
Black American.
Hispanic American.
Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following provision:52.107(a)
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/ ________[Insert one or more Internet addresses]
(End of provision)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following clause:52.107(b)
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/ _
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
(Jan 2025) Deviation 2025-O0004 (Mar 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) A 52.233-3, Protest After Award (31A U.S.C.A 3553).(Aug 1996)
(7) A 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19A U.S.C.A 3805A note)).(Oct 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
[X](1) 52.203-6, Restrictions on Subcontractor Sales to the Government with (41A U.S.C.A 4704 and 10 U.S.C. (Jun 2020), Alternate I (Nov 2021) 4655).
[ ] 52.203-13, Contractor Code of Business Ethics and Conduct (41A U.S.C.A 3509)).(2) (Nov 2021)
[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X](5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31A U.S.C.A 6101A note).(Jun 2020)
[ ] [Reserved].(6)
[ ] 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
[ ] 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
[X](9) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
[ ] 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
[ ] (11)
[X](i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
[ ] Alternate I of 52.204-30.(ii) (Dec 2023)
[X](12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31A U.S.C.A 6101A note).Jan
[ ] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41A U.S.C.A 2313).(13) (Oct 2018)
[ ] [Reserved].(14)
[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15A U.S.C.A 657a).(15) Oct 2022
[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) Oct 2022 preference, it shall so indicate in its offer) (15A U.S.C.A 657a).
[ ] [Reserved](17)
[ ] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15A U.S.C.A 644).(Nov 2020)
[ ] Alternate I of 52.219-6.(ii) (Mar 2020)
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15A U.S.C.A 644).(Nov 2020)
[ ] Alternate I of 52.219-7.(ii) (Mar 2020)
[X](20) 52.219-8, Utilization of Small Business Concerns (15A U.S.C.A 637(d)(2) and (3)).( )Jan 2025
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (15A U.S.C.A 637(d)(4)).( )Jan 2025
[ ] Alternate I of 52.219-9.(ii) (Nov 2016)
[ ] Alternate II of 52.219-9.(iii) (Nov 2016)
[ ] Alternate III of 52.219-9.(iv) (Jun 2020)
[ ] Alternate IV of 52.219-9.(v) ( )Jan 2025
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (15A U.S.C.A 644(r)).(Mar 2020)
[ ] Alternate I of 52.219-13.(ii) (Mar 2020)
[ ] 52.219-14, Limitations on Subcontracting ( ) (15A U.S.C.A 657s).(23) Oct 2022
[X](24) 52.219-16, Liquidated Damages-Subcontracting Plan (15A U.S.C.A 637(d)(4)(F)(i)).(Sep 2021)
[ ] 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15A U.S.C.A 657f).Feb 2024
[ ] (26)
[X](i) 52.219-28, Small Business Program Rerepresentation (15A U.S.C.A 632(a)(2)).Postaward ( )Jan 2025
[ ] Alternate I of 52.219-28.(ii) (Mar 2020)
[ ] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) Oct ) (15A U.S.C.A 637(m)).2022
[ ] 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15A U.S.C.A 637(m)).Oct 2022
[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15A U.S.C.A 644(r)).(29) (Mar 2020)
[ ] 52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
[X](31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)
[X](32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
[ ] [Reserved](33)
[ ] [Reserved](34)
[ ] (35)
[X](i) 52.222-35, Equal Opportunity for Veterans (38A U.S.C.A 4212).(Jun 2020)
[ ] Alternate I of 52.222-35.(ii) (Jul 2014)
[ ] (36)
[X](i) 52.222-36, Equal Opportunity for Workers with Disabilities (29A U.S.C.A 793).(Jun 2020)
[ ] Alternate I of 52.222-36.(ii) (Jul 2014)
[X](37) 52.222-37, Employment Reports on Veterans ( ) (38A U.S.C.A 4212).Jun 2020
[ ] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
[ ] (39)
[X](i) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O. 13627).(Nov 2021)
[ ] Alternate I of 52.222-50 (22A U.S.C.A chapterA 78 and E.O. 13627).(ii) (Mar 2015)
[ ] (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42A U.S.C.A 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] Alternate I of 52.223-9 (42A U.S.C.A 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (May 2008) items.)
[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.
[ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
[ ] 52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
[ ] 52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
[ ] 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, (46) and 42 U.S.C. 7671l).
[ ] (47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
[ ] Alternate I of 52.224-3.(ii) (Jan 2017)
[ ] (48)
(i) 52.225-1, Buy American-Supplies (41A U.S.C.A chapterA 83).(Oct 2022)
[ ] Alternate I of 52.225-1.(ii) (Oct 2022)
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] Alternate I [Reserved].(ii)
[ ] Alternate II of 52.225-3.(iii) (Jan 2025)
[ ] Alternate III of 52.225-3.(iv) (Feb 2024)
[ ] Alternate IV (Oct 2022) of 52.225-3.(v)
[ ] 52.225-5, Trade Agreements (19A U.S.C.A 2501, ., 19A U.S.C.A 3301 note).(50) (NOV 2023) et seq
[X](51) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).
[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42A U.S.C.A 5150).(53)
[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42A U.S.C.A 5150).(54) (Nov 2007)
[X](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)
[ ] 52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41A U.S.C.A 4505, 10 U.S.C. (57) (Nov 2021) 3805).
[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41A U.S.C.A 4505, 10 U.S.C. 3805).(58) (Nov 2021)
[X](59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31A U.S.C.A 3332).(Oct2018)
[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31A U.S.C.A 3332).(60)
[ ] 52.232-36, Payment by Third Party (31A U.S.C.A 3332).(61) (May 2014)
[ ] 52.239-1, Privacy or Security Safeguards (5A U.S.C.A 552a).(62) (Aug 1996)
[ ] 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
[ ] 52.242-5, Payments to Small Business Subcontractors (15A U.S.C.A 637(d)(13)).(64) (Jan 2017)
[ ] (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10A U.S.C.A 2631).(Nov 2021)
[ ] Alternate I of 52.247-64.(ii) (Apr 2003)
[ ] Alternate II of 52.247-64.(iii) (Nov 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
[ ] 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapter67).(1) (Aug 2018)
[ ] 52.222-42, Statement of Equivalent Rates for Federal Hires (29A U.S.C.A 206 and 41A U.S.C.A chapterA 67).(2) (May 2014)
[ ] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29A U.S.C.A 206 and 41A U.S.C.A chapterA 67).
[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41A U.S.C.(4) A chapterA 67).
[ ] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41A U.S.C.A chapterA 67).
[ ] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41A U.S.C.A chapterA 67).
[ ] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
[ ] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42A U.S.C.A 1792).(9)
[ ] 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(10) (Jan 2025) (g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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 (41A U.S.C.A 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15A U.S.C.A 637(d)(2) and (3)), in all subcontracts that offer further ( )Jan 2025 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (38A U.S.C.A 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29A U.S.C.A 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38A U.S.C.A 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapterA 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22A U.S.C.A chapterA 78A andA E.O.A 13627).(Mar 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41A U.S.C.A chapterA 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41A U.S.C.A chapterA 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5A U.S.C.A 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) 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 (42A U.S.C.A 1792). Flow down required in accordance (Jun 2020) with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
(xxvii) A 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10A U.S.C.A 2631). Flow (Nov 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Annual Representations and Certifications. (DEVIATION 2025-O0003
52.204-8 and 2025-O0004) (Jan 2025) Deviation 2025-O0004 (Mar 2025)
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025)(DEVIATION 2025-O0003 AND 2025-O0004)
(a)
The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].(1) ____
(2) The small business size standard is [insert size standard].____
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.(1)
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (d) applies.
(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
The following representations or certifications in SAM are applicable to this solicitation as indicated:(1)
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations 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 part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and 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 part 19 in accordance with 19.000(b)(1)(ii).
(xiv) [Reserved]
(xv) [Reserved]
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) [Reserved]
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[ ]Contracting Officer check as appropriate.
52.204-17, Ownership or Control of Offeror.(i)
52.204-20, Predecessor of Offeror.(ii)
52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)
52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (iv) Certain Equipment- Certification.
52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.(v)
52.227-6, Royalty Information.(vi)
Basic.(A)
Alternate I.(B)
52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.
After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [
]. These amended representation(s) and/or certification(s) are also offeror to insert changes, identifying change by clause number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
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 on SAM.
(End of provision)
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)
(May 2024) Deviation 2025-O0004 (Mar 2025)
OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)
(DEVIATION 2025-O0003 AND 2025-O0004)
(a) . As used in this provision-Definitions
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who…
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