Solicitation Combo FA251726Q0031 v5.pdf

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

HEADQUARTERS COMBAT FORCES COMMAND

17 June 2026

FROM: 21CONS/PKA

SUBJECT: Combined Synopsis/Solicitation PROJECT TITLE: SSDP HPE Server Alternatives

SOLICITATION: FA251726Q0031

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO part 12. This announcement constitutes the only solicitation. Quotes are being requested, and a separate written solicitation will not be issued.

The solicitation number FA251726Q0031 is issued as a request for quotation (RFQ) for an Alternative Server Replacement for HPE DL380 and DL320 Servers, Direct Attach Copper Cable (DACs) storage hardware, and the specified TAA compliant components on Peterson Space Force Base (PSFB), CO. Please see Table 1 below and Attachment 1 – HPE Configuration List and Characteristics 26 May 2026 for salient characteristics.

This will be solicited as a firm fixed price 100% Small Business Set-Aside purchase order. The North American Industrial Classification System (NAICS) code is 334111 – Electronic Computer Manufacturing. The size standard is 1,250 employees.

This solicitation incorporates provisions and clauses by reference. The incorporated provisions and clauses are those in effect through Revolutionary FAR (Federal Acquisition Regulation) Overhaul (RFO), effective 03/17/2026. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The quotes will be evaluated IAW RFO 52.212-2, found herein. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to RFO 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the quoter’s responsibility to ensure metheire ts aquote ll the requirements identified herein.

TABLE 1

CLINS ITEM DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

0001 HPE DL380 VDI Hosts

OR

Equal

See Attachment 1 – HPE Configuration List and

Characteristics 26 May 2026 for line-item description

1 EA

http://www.acquisition.gov/

0002 HPE DL230 Management Cluster

OR

Equal

See Attachment 1 – HPE Configuration List and

Characteristics 26 May 2026 for line-item description

1 EA

0003 Direct Attach Copper Cables (DACs) (Not TAA

Compliant)

See Attachment 1 – HPE Configuration List and

Characteristics 26 May 2026 for line-item description

22 EA

Total

*RFO 52.212-1, Instructions to Offerors-Commercial Product and Commercial Services (April 2026) applies to this acquisition and the following addendum applies:

The Following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the combined synopsis/solicitation.”

The delivery location and destination point is Peterson Space Force. The required Delivery Date for this requirement is on or before 190 Calendar Days after receipt of award for all CLINS in Table 1.

The resulting award will be a Firm-Fixed Priced Purchase Order.

Any questions regarding this solicitation shall be submitted to the contracting team no later than (NLT) 3:00 P.M. Mountain Time (MT) Monday, 22 June 2026. All questions must be submitted to both the Contract Specialist, Kristina Worthing at kristina.worthing@spaceforce.mil and Contracting Officer, Stephen Carr, at stephen.carr.12@spaceforce.mil. Questions submitted after this deadline may not be answered.

Quotes and contract documentation shall be provided NLT 1400 PM (MT), Wednesday, 24 June 2026 to 21 CONS/PKA. Please submit quotes to both the Contract Specialist, Kristina Worthing at kristina.worthing@spaceforce.mil and Contracting Officer, Ryan McCauley, at Ryan.mccauley.8@spaceforce.mil. Submit no more than 10 pages in response to this request.

After 10 pages, the Contracting Officer will not evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

mailto:kristina.worthing@spaceforce.mil mailto:stephen.carr.12@spaceforce.mil mailto:kristina.worthing@spaceforce.mil mailto:stephen.carr.12@spaceforce.mil

Late submissions:

(a) Vendor are responsible for submitting quotes, and any modifications or withdrawals, so as to reach the Government office designated in the request for quote (RFQ) by the time specified in the RFQ. If no time is specified in the RFQ, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes are due.

(b) (1) Any quote, modification, or withdrawal received at the Government office designated in the RFQ after the exact time specified for receipt of quote is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition; and—

(i) If it was transmitted through an electronic commerce method authorized by the RFQ, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of quotes; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government's control prior to the time set for receipt of quotes.

(2) However, a late modification of an otherwise successful quote that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the quote wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the RFQ and urgent Government requirements preclude amendment of the RFQ, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Quotes may be withdrawn by written notice received at any time before the exact time set for receipt of quotes. A quote may be withdrawn in person by a quoter or its authorized representative if, before the exact time set for receipt of quotes, the identity of the person requesting withdrawal is established and the person signs a receipt for the quote.

Note: .zip files are not an acceptable format for the Air Force/Space Force Network and will not go through our email system.

Please provide the following information with your quote:

Company Name:

Contact Name:

Address:

Telephone Number:

Unit Price:

Extended Price:

Cage Code:

Statement the quote is valid for a minimum of 60 calendar days:

Size of Business/Socio Economic Status:

Payment Terms:

All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition.

The contractor’s quote/response shall consist of two (2) separate parts:

Part I - Priced Quote Part II - Technical Documentation

2. Format and Specific Instructions.

PART I – PRICED QUOTE

The quoter shall submit on a company letterhead a quote identifying the unit price, total line-item price and overall price, for all CLINs with the sublines from Attachment 1 – HPE Configuration List and Characteristics 26 May 2026.

B. PART II – TECHNICAL DOCUMENTATION

Quoter shall submit technical information to confirm the items requested will be provided as stated in this combined synopsis/solicitation (see Attachment 1). The technical documentation is required to detail configuration solutions that are functionally equivalent to the salient characteristics specified in Attachment 1.

RFO 52.212-2 Evaluation – Commercial Items (April 2026) This tailored clause takes precedence over the clause incorporat ed by reference.

The Government will award a firm fixed priced purchase order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Part I – Priced Quote Part II - Technical Documentation

Award will be made based on the competitive quote with the lowest evaluated price that meets the technical criteria on an acceptable/unacceptable basis. If any technical criteria items are determined to be unacceptable that quote may not be evaluated further and may not be eligible for award.

Addendum to RFO 52.212-2 - Evaluation -- Commercial Items (April 2026).

1. Evaluation:

By submission of its quote, the quoter agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to all solicitation requirements may result in an quote being determined unacceptable and ineligible for further evaluation. The evaluation process follows:

https://www.sam.gov/portal/public/SAM/

Part I – Priced Quote Evaluation Initially, the Government will place all quotes that meet the requirements of the solicitation in order by price, beginning with the lowest evaluated price. The price will be evaluated using a quote identifying the unit price, total line-item price, and overall price for all CLINs identified in Attachment 1 provided in Addendum to RFO 52.212-1.

The Government will then evaluate the lowest evaluated priced quote to determine if it is reasonable and complete. If there is a conflict between the unit price and the overall price, the unit price will be used to determine the correct evaluated price. Failure to quote for any price element may cause the quoter’s quote to be rejected as unacceptable.

Quoters whose evaluated price is unreasonable (in accordance with RDFARS 212.204(a) may not be considered for award.

Part II – Technical Documentation Evaluation Next, the lowest evaluated priced quote, will be evaluated on an Acceptable/Unacceptable basis for the Technical Requirement. For the lowest evaluated priced quote to receive a rating of “Acceptable”, the quoter shall submit technical documentation that confirms their product meets the minimum requirements as stated in this combined synopsis/solicitation (see Attachment 1). If submitting a "brand name or equal" solution that includes mixed brands, the vendor must explicitly certify and provide documentation proving cross-brand compatibility. The vendor shall confirm all SCLIN subcomponents function together as a fully operational system at the CLIN level. The quoter shall also submit documentation proving that all quoted items are in accordance with the following items listed in the evaluation factors below.

The evaluation factors are:

The quote must satisfy all of the following to be technically compliant:

1. Formal Trade Agreement Act (TAA) Certification proving compliance for CLIN 0001 and CLIN 0002.

2. Confirmation of 3-year hardware replacement support plan warranty.

3. If proposing "brand name or equal" products, provide a separate specification sheet proving

CLIN-level compatibility.

- If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

- To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-o Meet the salient physical, functional, or performance characteristics specified in this solicitation;

o Clearly identify the item by- Brand name, if any; and Make or model number;

o Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and o Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications

- The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

If the lowest evaluated priced quoter does not demonstrate all necessary requirements, it will receive an “Unacceptable” rating and evaluation of that quote will stop.

The technical factors will receive one of the following ratings listed below.

Rating Description

Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

1. Basis of Award:

If the lowest evaluated priced quote receives an “acceptable” technical rating, that quote represents the most advantageous quote to the Government, evaluation of that quote is complete, and the evaluation process will stop, resulting in an award.

If the lowest evaluated price quote receives an “unacceptable” technical evaluation of that quote will stop. In that instance, the next lowest evaluated priced quote will be evaluated using the methodology above and the process will continue (in order by price) until a quote receives an “acceptable” technical and past performance information rating, or until all quotes are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute negotiations and the Contracting Officer reserves the right to award a purchase order without the opportunity for a quote revision. The Government intends to award a purchase order without clarifications (IAW RFO 12.203(c)(2) and (3)). However, the Government reserves the right to conduct clarifications with one, some, all, or none of the vendors if deemed in its best interest.

In the case that a discrepancy exists, procedures will be executed IAW RFO 52.212-4(r).

FA251726Q0031

Date

Contract Administration Data

DFARS Clauses Incorporated by Reference Number Effective Date Alternate/ Variation

Deviation Effective

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

DFARS Clauses Incorporated by Full Text

Dec 2018

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

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.

Receiving and invoice report combination

(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.

Receiving and invoice report combination

(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.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

[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

-F-8-7700

Issue By DoDAAC

-F--A2517

Admin DoDAAC

FA2517

Inspect By DoDAAC

-F-3-LFSW

Ship To Code

-F--3LFSW

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

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. 'J

(**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.

Hans Robinson, hans.robinson@spaceforce.mil, 719-556-3450

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Effective Date Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr1984

52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020

52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017

52.204-13 System for Award Management-Maintenance. (Deviation 2026-00038) Feb 2026

52.204-91 Contractor Identification. (Deviation 2026-00038) Feb 2026

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-00038)

Feb 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-00038) Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-00038) Feb 2026

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-00038) Feb 2026

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-00038) Feb 2026

52.219-8 Utilization of Small Business Concerns. (Deviation 2026-00038) Feb 2026

52.222-3 Convict Labor. (Deviation 2026-00038) Feb 2026

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation 2026-00038) Mar 2026

52.222-35 Equal Opportunity for Veterans. (Deviation 2026-00038) Feb 2026

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-00038) Feb 2026

52.222-37 Employment Reports on Veterans. (Deviation 2026-00038) Feb 2026

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-00038) Feb 2026

52.222-50 Combating Trafficking in Persons. (Deviation 2026-00038) Feb 2026

52.222-90 Addressing DEi Discrimination by Federal Contractors. (Deviation 2026-00038) Apr2026

52.223-23 Sustainable Products. (Deviation 2026-00038) Feb 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024

52.229-12 Tax on Certain Foreign Procurements. Feb 2021

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

52.233-3 Protest after Award. (Deviation 2026-00038) Feb 2026

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-00038) Feb 2026

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-00038) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-00038) Feb 2026

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7002 252.204-7012 252.204-7018 252.223-7008 252.225-7012 252.225-7056 252.225-7060 252.226-7001

Alternate/ Variation Effective Date

252.232-7010 252.239-7018 252.243-7002 252.247-7023

FAR Clauses Incorporated by Full Text

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-00038) (Alternate I) (Feb 2026) Alternate I (Feb 2026)

Alternate I (Feb 2026) (Deviation 2026-00038). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (I), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause-

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Title Effective Date Deviation Requirements Relating to Compensation of Former DoD Officials. Sep 2011 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023 Prohibition of Hexavalent Chromium. Jan 2023 Preference for Certain Domestic Commodities. Apr2022 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Jan 2023 Business Concerns.

Levies on Contract Payments. Dec 2006 Supply Chain Risk. Dec 2022 Requests for Equitable Adjustment. Dec 2022 Transportation of Supplies by Sea. Oct 2024

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) atter acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

[Insert portion of labor rate attributable to profit.]

(S)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None"'.]

(2) Indirect costs (material handling, subcontract administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [lnsert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) Total cost. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government will pay any such increases within 30 days, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) The Contracting Officer will issue a final decision if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer.

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR part 32 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the

Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part

1315.

(9) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work under this contract and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. The

Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the

Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 1O percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

52.219-14 Limitations on Subcontracting. (Deviation 2026-00038) (Feb 2026)

Limitations on Subcontracting (Feb 2026) (Deviation 2026-00038)

(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…