Solicitation Amendment - W912J726QA0020002.pdf
PDF 3 MB Posted
- Attached to
- Behavioral Health Services
- Solicitation number
- W912J726QA0020002
- Issued by
-
Department of the Army National Guard
About this file
This is a Request for Quotation (RFQ) for behavioral health counseling services issued by the Idaho Army National Guard. The solicitation number is W912J726QA0020002, with an offer due date of 31 August 2026 at 09:00 AM. The Idaho National Guard J9 Service Member and Family Support requires contractor support to provide behavioral health counseling services to service members and their immediate families. The contract is set aside for Women-Owned Small Businesses (WOSB) and is classified under NAICS code 621112 (Offices of Other Health Practitioners).
The requirement consists of five contract line items (CLINs) for the base period (27 September 2026 through 26 September 2027): three Behavioral Health Clinician positions at 12 months each (CLINs 0001-0003), one full-time Administrative Support position at 12 months (CLIN 0004), and travel expenses to be reimbursed as incurred (CLIN 0005). All line items use firm-fixed-price pricing arrangement. Five additional option CLINs mirror the base period requirements for a second option year (27 September 2027 through 26 September 2028). The contract will be performed at the W8AR IDARNG Element, JF HQ located at 3489 W Harvard Street, Building 564, Boise, Idaho 83705-6512. Payment will be made via Wide Area WorkFlow (WAWF) electronic invoicing, and quoters must submit three sections: pricing on SF 1449, a capability statement not exceeding ten pages, and a three-page past performance document. The Government will award to the responsible quoter providing the lowest acceptable quote demonstrating understanding of requirements and conformance with solicitation terms.
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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 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.
calls)
Section A - Solicitation/Contract Form
IDNG Behavioral Health ServicesInstrument Name:
Product Service Code : Q519
W912J726QA0020002
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
0002 Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
0003 Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
0004 FULL-TIME Administrative Support- IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
0005 Travel expenses-Offerors should not budget travel costs into their firm-fixed-price monthly labor CLINs.
Product Service Code: Q519
12 Operat ing Unit
North American Industry Classification System (NAICS):
621112
Project Code: 000
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
Option Line Item
Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
12 Month s
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
Option Line Item
Behavioral Health Clinician IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
FULL-TIME Administrative Support- IAW PWS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to ethics, customs and courtesy.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
Travel expenses-Offerors should not budget travel costs into their firm-fixed-price monthly labor CLINs.
Product Service Code: Q519
North American Industry Classification System (NAICS):
621112
Project Code: 000
Claimant Program Code: S1
Pricing Arrangement: Firm Fixed Price
12 Operat ing Unit
Section C - Description/Specifications/Statement of Work
Requirements The Idaho National Guard J9 Service Member and Family Support have a requirement for contractor support to provide Behavior Health Counseling services to Service Members and their immediate family.
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
0001 Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP26 thru
26SEP27.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
0002 Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP26 thru
26SEP27.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
0003 Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP26 thru
26SEP27.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
0004 Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP26 thru
26SEP27.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
0005 Inspection and Acceptance Location
Both Destination Instructions: As-needed reimbursable travel expenses.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP27 thru
26SEP28.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP27 thru
26SEP28.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Option
Item
Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP27 thru
26SEP28.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please Inspect/Accept IAW Period of Performance 27SEP27 thru
26SEP28.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: As-needed reimbursable travel expenses.
DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512
BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Section F - Deliveries or Performance
0001 Partial Delivery Schedule Delivery Period From 27 Sep 2026 to 26 Sep 2027 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2026 To 26 Sep 2027
0002 Partial Delivery Schedule Delivery Period From 27 Sep 2026 to 26 Sep 2027 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2026 To 26 Sep 2027
0003 Partial Delivery Schedule Delivery Period From 27 Sep 2026 to 26 Sep 2027 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2026 To 26 Sep 2027
0004 Partial Delivery Schedule Delivery Period From 27 Sep 2026 to 26 Sep 2027 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2026 To 26 Sep 2027
0005 Partial Delivery Schedule Delivery Period From 27 Sep 2026 to 26 Sep 2027 12 Operating Unit
12 Operating UnitQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nate Valenti
Period of Performance
From 27 Sep 2026 To 26 Sep 2027
Option Line Item
Partial Delivery Schedule Delivery Period From 27 Sep 2027 to 26 Sep 2028 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2027 To 26 Sep 2028
Option Line Item
Partial Delivery Schedule Delivery Period From 27 Sep 2027 to 26 Sep 2028 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2027 To 26 Sep 2028
Option Line Item
Partial Delivery Schedule Delivery Period From 27 Sep 2027 to 26 Sep 2028 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2027 To 26 Sep 2028
Option Partial Delivery Schedule
Item
Delivery Period From 27 Sep 2027 to 26 Sep 2028 12 Months
12 MonthsQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nathaniel Valenti
Period of Performance From 27 Sep 2027 To 26 Sep 2028
Option Line Item
Partial Delivery Schedule Delivery Period From 27 Sep 2027 to 26 Sep 2028 12 Operating Unit
12 Operating UnitQuantity
Address and POC Place of Performance DoDAAC: W81H02 CountryCode: USA
W8AR IDARNG ELEMENT, JF HQ
3489 W HARVARD ST BLDG 564, BOISE ID 83705-6512 BOISE, ID 83705-6512
UNITED STATES
Nate Valenti
Period of Performance From 27 Sep 2027 To 26 Sep 2028
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.231-7000 Supplemental Cost Principles 1991-12
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
DFARS Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.232-7006 Wide Area WorkFlow Payment Instructions.
2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0670 Issue By DoDAAC W912J7 Admin DoDAAC W912J7
Inspect By DoDAAC W81H02 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W81H02 Service Acceptor (DoDAAC) W81H02 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
NG.ID.IDARNG.LIST.NGID-VENDOR-PAY@ARMY.MIL OR ng.id.idarng.list.ngid-uspfo-contracting@army.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-3 Gratuities. 1984-04
52.203-6 Restrictions on Subcontractor Sales to the Government.
(Alternate I)
2020-06 Alternate I 2021-11
52.203-13 Contractor Code of Business Ethics and Conduct.
2021-11
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-9 Personal Identity Verification of Contractor Personnel.
2011-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.204-91 Contractor Identification.
(Deviation 2026-O0038)
2026-02
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.209-9 Updates of Publicly Available 2026-02
Information Regarding Responsibility Matters.
(Deviation 2026-O0038)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
(Deviation 2026-O0038)
2026-03
52.222-35 Equal Opportunity for Veterans.
(Deviation 2026-O0038)
2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)
2026-02
52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)
2026-02
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)
2026-02
52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.224-3 Privacy Training. (Alternate I) 2017-01 Alternate I 2017-01
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)
2021-02
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
52.245-1 Government Property. 2021-09
52.245-9 Use and Charges. 2012-04
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7003 Control of Government 1992-04
Personnel Work Product.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.225-7002 Qualifying Country Sources as Subcontractors.
2022-03
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2023-01
252.232-7010 Levies on Contract Payments. 2006-12
252.233-7001 Choice of Law (Overseas). 1997-06
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01
252.243-7002 Requests for Equitable 2022-12
Adjustment.
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11
252.245-7003 Contractor Property Management System Administration
2025-01
252.245-7005 Management and Reporting of Government Property.
2024-01
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.217-8 Option to Extend Services. 1999-11
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 30[insert the period of time within which the Contracting Officer may exercise the option].
52.217-9 Option to Extend the Term of the Contract.
2000-03
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30[insert the period of time within which the Contracting Officer may exercise the option];
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36(months) (years).
52.219-14 Limitations on Subcontracting.
(Deviation 2026-O0038)
2026-02
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[Contracting Officer check as appropriate.]
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.219-28 Postaward Small Business Program Rerepresentation.
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document /support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was 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.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.
[____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [____Contractor to sign and date and insert authorized signer's name and title.]
52.222-42 Statement of Equivalent Rates for Federal Hires. (Tailored)
2014-05
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees 29 CFR Part 4 expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.
5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
Clinical Social Worker / Psychiatric CNS (GS-12 Equivalent)
48.59
29.00
Medical (Administrative) Provider Support (GS-8 Equivalent)
(End of clause)
52.252-2 Clauses Incorporated by Reference.
1998-02
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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/dfars ____[Insert one or more Internet addresses]
(End of clause)
52.252-6 Authorized Deviations in Clauses. 2020-11
Authorized Deviations in Clauses (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation [insert regulation name] (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
DFARS Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirements.
2025-11
CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL
CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)
(a) Definitions. As used in this clause-
"Controlled unclassified information" means information the Government creates or possesses, or information an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls (32 CFR 2002.4(h)).
"Current" means-
(1) With regard to Conditional Cybersecurity Maturity Model Certification (CMMC) Status-
(i) Not older than 180 days for Conditional Level 2 (Self) assessments and Conditional Level 2 (certified third-party assessment organization (C3PAO)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance by an affirming official (see 32 CFR 170.4); and
(ii) Not older than 180 days for Conditional Level 3 (Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.18); and
(B) A corresponding affirmation of continuous compliance by an affirming official;
(2) With regard to Final CMMC Status-
(i) Not older than 1 year for Final Level 1 (Self), with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.15); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official;
(ii) Not older than 3 years for Final Level 2 (Self) assessments and Final Level 2 (C3PAO) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(iii) Not older than 3 years for Final Level 3 (DIBCAC) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.18); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(3) With regard to affirmation of continuous compliance (32 CFR 170.22), not older than 1 year with no changes in compliance with the requirements at 32 CFR part 170.
"Cybersecurity Maturity Model Certification (CMMC) status" means the result of meeting or exceeding the minimum required score for the corresponding assessment. The potential statuses are as follows:
(1) Final Level 1 (Self).
(2) Conditional Level 2 (Self).
(3) Final Level 2 (Self).
(4) Conditional Level 2 (C3PAO).
(5) Final Level 2 (C3PAO).
(6) Conditional Level 3 (DIBCAC).
(7) Final Level 3 (DIBCAC).
"Cybersecurity Maturity Model Certification unique identifier (CMMC UID)" means 10 alpha-numeric characters assigned to each CMMC assessment and reflected in the Supplier Performance Risk System (SPRS) for each contractor information system.
"Federal contract information (FCI)" 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. It does not include information provided by the Government to the public, such as on public websites, or simple transactional information, such as information necessary to process payments.
"Plan of action and milestones" means a document that identifies tasks to be accomplished. It details resources required to accomplish the elements of the plan, any milestones in meeting the tasks, and scheduled completion dates for the milestones, as defined in National Institute of Standards and Technology Special Publication 800-115 (32 CFR 170.21).
(b) Framework. The Cybersecurity Maturity Model Certification (CMMC) is a framework for assessing a contractor's compliance with applicable information security protections (see 32 CFR part 170).
(c) Duplication. The CMMC assessments will not duplicate efforts from any other comparable DoD assessment, except for rare circumstances when a reassessment may be necessary, for example, when there are indications of issues with cybersecurity and/or compliance with CMMC requirements.
(d) Requirements. The Contractor shall-
(1)(i) Have and maintain for the duration of the contract a current CMMC status at the following CMMC level, or higher: CMMC level 1 self Contracting Officer insert: CMMC Level 1 (Self);
CMMC Level 2 (Self); CMMC Level 2 (C3PAO); or CMMC Level 3 (DIBCAC) for all information systems used in performance of the contract, task order, or delivery order that process, store, or transmit FCI or CUI; and
(ii) Consult 32 CFR 170.23 related to the flowdown of the CMMC requirements, and flow down the correct CMMC level to subcontracts and other contractual instruments;
(2) Only process, store, or transmit FCI or CUI on contractor information systems that have a CMMC status at the CMMC level required in paragraph (d)(1) of this clause, or higher;
(3) Complete on an annual basis, and maintain as current, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required in paragraph (d)(1) of this clause in the Supplier Performance Risk System (SPRS) (https://piee.eb.mil) for each CMMC UID applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract;
(4) Ensure all subcontractors and suppliers complete prior to subcontract award, and maintain on an annual basis, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required for the subcontract or other contractual instrument for each of the subcontractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the subcontract; and
(5) If the Contractor has a CMMC Status of Conditional, successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(e) Reporting. The Contractor shall-
(1) Submit to the Contracting Officer-
(i) The CMMC UID(s) issued by SPRS for contractor information systems that will process, store, or transmit FCI or CUI during performance of the contract; and
(ii) Any changes in the CMMC UIDs generated in SPRS throughout the life of the contract, task order, or delivery order, if applicable;
(2) Enter into SPRS the results of a current self-assessment for each CMMC UID, not covered by a C3PAO assessment or DIBCAC assessment, applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract; and
(3) Complete in SPRS on an annual basis and maintain as current an affirmation of continuous compliance by the affirming official (see 32 CFR 170.4) for each self-assessment, C3PAO assessment, or DIBCAC assessment required under the contract in SPRS.
(f) Subcontracts. The Contractor shall-
(1) Insert the substance of this clause, including this paragraph (f) and excluding paragraph (e) (1), in subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items, if the subcontract or other contractual instrument will contain a requirement to process, store, or transmit FCI or CUI; and
(2) Prior to awarding a subcontract or other contractual instrument, ensure that the subcontractor has a current CMMC certificate or current CMMC status at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor based on the requirements at 32 CFR 170.23.
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0001 IDNG PWS B
H SVCs Upd ated
Performance Work Statement
Jul
22 Attachment No
0003 ATTACHMENT
3 RFI Q&A
ATTACHMENT 3 14
Aug
6 Attachment No
Section K - Representations, Certification, & Other Statements
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-
2023-06
Representation.
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision-
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It [ ] is [ ] is not a…
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