SF 1449 - posted N0017826Q1600.pdf
PDF 2 MB Posted
- Attached to
- Master Dumpster Blanket Agreement Federal contract opportunity
- Solicitation number
- N0017826Q1600
About this file
This document is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for a Master Dumpster Blanket Purchase Agreement (BPA) issued by the Naval Surface Warfare Center, Dahlgren Division. The five-year BPA, valid from 07 December 2025 to 06 December 2030, is for construction waste dumpster services with a master dollar limit of $500,000 ($100,000 annually) and a per-call limit of $3,000. The BPA is set aside for Women-Owned Small Business (WOSB) with NAICS code 562212, and will be used by multiple departments and programs to procure dumpster rental and pickup services in Dahlgren, Virginia.
The contractor will be responsible for delivering dumpsters of requested sizes and quantities upon receipt of a BPA call, with prompt pickup within thirty days to prevent material backup. All services must comply with OSHA and EPA regulations. Delivery will be F.O.B. Destination, with deliveries accepted Monday through Friday from 7:00 a.m. to 2:30 p.m. at the Dahlgren Division. The government will provide dumpster site availability monthly, and the technical point of contact is currently to be determined. One personnel trip to Dahlgren, VA is anticipated throughout the performance period, and all work is classified as unclassified.
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Text version
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.
Section A - Solicitation/Contract Form
Master Dumpster BPA (5) Five Year
N0017826Q16000001
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Commercial, five-year dumpster services BPA.
FSC CODE: W045- lease or rental of equipment- plumbing, heating, and waste disposal equipment
NAICS CODE: 562212
BPA Master Dollar Limit: $500,000.00 ($100k annually)
BPA Call Limit: $3,000.00 Period of Performance: 07-Dec-2025 to 02-Dec-2030. POP for each call will be identified at the time of call.
Allowed Per Order Maximum: 3,000.00 Dollars, U.S.
Section C - Description/Specifications/Statement of Work
DUMPSTER BLANKET PURCHASE AGREEMENT (BPA)
STATEMENT OF WORK (SOW)
1.0 BACKGROUND
The Naval Surface Warfare Center, Dahlgren Division (NSWCDD) requires a Blanket Purchase Agreement (BPA) for construction waste dumpsters that will be utilized by multiple departments and programs.
2.0 APPLICABLE DOCUMENT
2.1 Occupational Safety and Health Administration (OSHA) Regulations
2.2 Environmental Protection Agency (EPA) Regulations
3.0 REQUIREMENTS
3.1 The Contractor shall deliver requested size and quantities of dumpster(s) upon receipt of the BPA call to specified NSWCDD locations in Dahlgren, Virginia.
3.2 The Contractor shall pickup dumpster promptly at thirty days to prevent material backup and any late fees. Government shall not be liable for late fees associated with pickups occurring after day thirty.
NOTE: The Contractor shall ensure any overage fees are included in the estimated price.
3.3 The Contractor shall complete all services in accordance with (IAW) all applicable OSHA and EPA regulations, standards, and guidelines.
3.4 The Contractor shall coordinate with the technical point of contact (TPOC) identified below for delivery and pickup date and times.
4.0 GOVERNMENT-FURNISHED PROPERTY/MATERIAL/INFORMATION (GFP/GFM/GFI)
4.1 The Government will provide the availability of the dumpster site every month upon award of the order.
5.0 SECURITY
All work to be performed 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 technical point of contact. All travel shall be conducted in accordance with the Federal Travel Regulations (FTR). The following travel is anticipated: one (1) personnel to Dahlgren, VA, throughout the period of performance.
7.0 TECHNICAL POINT OF CONTACT
TBD
Requirements Master Dumpster BPA (5) Five Year - 07 December 2025 - 06 December 2030
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
RECEIVING HOURS OF OPERATION - NSWC Dahlgren
All deliveries to the Receiving Officer, Dahlgren Division, Naval Surface Warfare Center, Dahlgren, VA shall be made Monday through Friday from 7:00 a.m. to 2:30 p.m., local time. Deliveries will not be accepted after 2:30 p.m. No deliveries will be made 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.
Contractor Destination
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.247-34 F.o.b. Destination. Jan 1991
Section G - Contract Administration Data
FINAL INVOICING INSTRUCTIONS:
When submitting an invoice in the WAWF system, please mark all invoices as "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.
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(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.
Inspection Location: Destination
Acceptance Location: Destination
(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.
Invoice 2in1
Inspection Location: Destination
Acceptance Location: Destination
(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.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 TBD
Issue By DoDAAC TBD
Admin DoDAAC TBD
Inspect By DoDAAC TBD
Ship To Code TBD
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.TBD
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TBD
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
G-232-H002 H002 PAYMENT INSTRUCTIONS (NAVSEA) (FEB 2024) (Feb 2024)
Payment office allocation methods can be found in the table at DFARS PGI 204.7108(b)(2) (https://www.acq.osd.mil/dpap /dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions).
(End of text)
G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN
2019)
(Jan 2019)
(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost break down of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR). Shouldthe subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer.
(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein.
(End of Text)
Section H - Special Contract Requirements
TERMS AND CONDITIONS
DESCRIPTION OF AGREEMENT: Under this Blanket Purchase Agreement (BPA), the vendor agrees to deliver supplies and services in accordance with the terms outlined in the BPA Call/purchase order.
ORDERING PROCEDURES: Request for Quote (RFQ), which the Government will initiate, will be emailed to the vendor's point of contact. Vendor has one (1) business day (or alternate time if specified in RFQ) to submit its offer. The Purchase Card (PCard) user or Contracting Officer will evaluate the response received to assure that it conforms to the request submitted.
NOTE: If applicable, when an order (call) is placed, the P-Card user or Contracting Officer will notify the vendor and provide their credit card or the written call order inclusive of WAWF payment information at that time. The form of payment for all orders placed under this BPA will be identified at the time of order. When a P- Card is the form of payment the Material Receiving and Inspection Report, Form DD250, must be signed /approved by the Government prior to the Vendor placing any charges against the P-Card. The vendor must submit a detailed invoice to the P-Card user in addition to the DD250. The invoice should contain, at a minimum, a description of what was purchased, quantity, unit price and extended price of items, name of supplier, BPA number, date of purchase, purchase number, date of delivery. Upon approval of the DD250, the P- Card user will send the Vendor a copy of the signed DD250. At that point, the Vendor can submit their charges against the P-Card. DD250 is needed for acceptance but the invoice is still required for payment. When the applicable payment method is via Wide Area Workflow the vendor must follow the instructions outlined in DFARS 252.232-7006 Wide Area Workflow Payment Instructions in order for payments to be processed.
EXTENT OF OBLIGATIONS: The Government is obligated under this BPA only to the extent of authorized calls placed against this agreement in accordance with the established BPA limits, by authorized individuals holding a valid warrant at NSWC Dahlgren Division. The term of this BPA is five (5) years.
PRICING: The prices to the Government for all purchases made under this agreement shall be as low as, or lower than, those charged to the Vendor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment. Vendor may be required to provide price verification/documentation to establish fair and reasonable pricing.
REQUIRING ACTIVITY PURCHASE LIMITATION: Individual calls placed under this agreement shall not exceed the warrant level of the purchaser, but in no case shall exceed the Simplified Acquisition Threshold.
INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA: All Contracting Officers within NSWC, Dahlgren Division, are authorized to place orders against this BPA subject to the limitations of individual contracting officer warrants and the Purchase Limitation Clause.
NOTICIFICATION CONERNING UNAUTHORIZED CALLS: Any services delivered pursuant to a call by an unauthorized person shall be at risk of the contractor named under this Blanket Purchase Agreement and may result in non-payment for services rendered, as well as possible cancellation of this agreement.
DELIVERY (TRANSPORTATION TERMS): Delivery terms shall be agreed upon by the authorized caller and the vendor at the time each call is placed. Delivery terms will normally be F.O.B. Destination, therefore FAR 52.247-34 - F.O.B. DESTINATION (NOV 1991) shall apply.
DELIVERY ADDRESS: The delivery address and MARK FOR: Point of Contact (POC) will be obtained at the time the BPA call is issued. The shipment shall be delivered to the designated site or the Government will not assume any further shipping charges, nor will payment be rendered for any shipments not received and signed for at the designated site. All deliveries to the Receiving Officer, Dahlgren Division, Naval Surface Warfare Center, Dahlgren, VA shall be made Monday through Friday from 7:00 a.m. to 2:30 p.m., local time.
Deliveries will not be accepted after 2:30 p.m. No deliveries will be made on government holidays.
PACKAGING AND MARKING: All shipments shall be made in accordance with the terms of the order/call.
DELIVERY TICKETS: All services authorized under this agreement, once completed, shall be identified on a delivery ticket. Each ticket for each call shall contain, at a minimum, the following information:
- Name of Supplier
- Blanket Purchase Agreement and Call Number
- Date of Call
- Itemized List of Services
- Quantity, Unit Price and Extended Total Amount
- Date Delivered/Services Completed
Delivery tickets are not invoices and payment will not be made against them. Please see invoicing instructions in Section G for details on the payment process and summary invoicing requirements. Upon delivery or completion of the service(s) the ticket will be signed by the authorized representation. It is suggested at least an original and one copy be used, so that a signed copy may be retained for record purposes.
INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all services made during a billing cycle period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.
FAST PAYMENT CALLS: Fast Payment procedures are not authorized.
UNPRICED BPA CALLS: Unpriced calls are strictly prohibited.
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY WITHIN 30 DAYS WRITTEN
NOTIFICATION.
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-16 Preventing Personal Conflicts of Interest. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 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
52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I Apr 1984 52.243-1 Changes-Fixed-Price. Aug 1987
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 252.204-7000 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
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
(DEVIATION 2024-O0013 REVISION 1)
May 2024 Deviation 2024-O0013 May 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 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 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024 252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7998 Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026- O0001)
Oct 2025 Deviation 2026-O0001 Oct 2025
252.239-7018 Supply Chain Risk. Dec 2022 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)
BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) . As used in this clause-Definitions
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 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 not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as 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 and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.
Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a 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.
(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 ( ., information transmitted or received by organizational information systems) i.e 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) This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies Other requirements.
and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract Subcontracts.
(including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(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)
[ ] (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).(11)
[ ] 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
[ ] (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15A U.S.C.A 637(d)(4)).(21)
[ ] 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
[ ] (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15A U.S.C.A 644(r)).(22)
[ ] Alternate I of 52.219-13.(ii) (Mar 2020)
[ ](23) 52.219-14, Limitations on Subcontracting ( ) (15A U.S.C.A 657s).Oct 2022
[ ](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
[X] 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)
52.232-19 Availability of Funds for the Next Fiscal Year. (Apr 1984)
As prescribed in , insert the following clause:32.706-1(b)
AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract ____ beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the ____ Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
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)
Section J - List of Attachments
Section K - Representations, Certification, & Other Statements
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-17 Ownership or Control of Offeror. Aug 2020 52.204-20 Predecessor of Offeror. Aug 2020
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Dec 2023 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003 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…
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