Solicitation - M6786126Q0041.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

MARFORSOUTH Conference Planner

M6786126Q0041

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Lodging Requirement - 80 Rooms x 3 Days = Total Quantity of 240 Check In 04-November-2026 - Check Out 07-November-2026

Pricing Arrangement: Firm Fixed Price

240 Each

Conference Facility and Space Requirement 4-NOV-2026 to 06-NOV-2026.

Pricing Arrangement: Firm Fixed Price

3 Days

0003 Meeting Room Setup and daily reconfiguration

Pricing Arrangement: Firm Fixed Price

3 Days

0004 A/V Package IAW attached PWS

Pricing Arrangement: Firm Fixed Price

1 Job

0005 Catering IAW attached PWS

Pricing Arrangement: Firm Fixed Price

1 Job

0006 Evening Social IAW attached PWS

Pricing Arrangement: Firm Fixed Price

1 Job

Miscellaneous and/or Administrative fees Provide detailed breakdown of other related costs.

Pricing Arrangement: Firm Fixed Price

1 Lot

Continuation of Description

PERFORMANCE WORK STATEMENT (PWS)

Conference Facility and Audiovisual Support Services MARFORSOUTH Conference

New Orleans, Louisiana

1.0 General

1.1 General: Marine Forces South (MARFORSOUTH) requires lodging, catering, conference facilities , evening social, and audiovisual support services to conduct an official Government conference in support of operational planning, command coordination, professional development, and staff collaboration. The contractor shall provide all management, personnel, facilities, equipment, and incidental services necessary to support the conference.

1.2 Hours of Operation: Services shall be provided during scheduled conference hours from 4-6 November 2026 from 0700-1800 as well as evening social on 4 November between 1830 - 2100.

1.3 Period of Performance: 4 November 2026 through 7 November 2026.

1.4 Place of Performance: The conference facility shall be located within the New Orleans metropolitan area and provide adequate parking, ADA accessibility, climate-controlled meeting space, and convenient access for Government personnel.

1.5 Security Requirements: No classified discussions are anticipated. The Contractor shall provide physical key /card access control for all assigned government meeting spaces to ensure only authorized conference participants have access. The Contractor is not required to provide armed or dedicated personal security personnel.

1.6 Technical Point of Contract (TPOC): Will be provided upon award.

2.0 Scope of Services

The contractor shall furnish all labor, supervision, facilities , lodging, catering, meeting rooms, audiovisual equipment, furniture, internet access, room setup, teardown, housekeeping, and incidental support necessary to execute the conference. This requirement does not include transportation or conference planning services.

3.0 Government Furnished Property

The Government will not provide facilities, equipment, or materials under this contract.

4.0 Contractor Furnished Items and Responsibilities

The contractor shall provide all personnel, meeting space, breakout rooms, tables, chairs, podiums, audiovisual equipment, internet connectivity, electrical power, housekeeping services, and technical support required to perform this effort.

5.0 Performance Requirements

5.1 Conference Facility and Space Requirement : The Contractor shall provide one (1) primary conference room capable of comfortably seating 60 attendees in a U-Shape configuration, with 60 additional seats/tables in classroom style behind and to the sides of the main table . Additionally, the Contractor shall provide 1 breakout room, capable of seating 30 attendees in a conference room/meeting room style. All facilities must be ADA-compliant and climate-controlled. Open availability for setting up on 4 November 2026 . No conference room requirement for 7 November 2026 .

5.2 Meeting Room Setup and Reconfiguration : The Contractor shall configure all meeting spaces prior to the start of each daily session in accordance with the Government-approved AV & Room Setup Plan. The Firm- Fixed-Price (FFP) shall include a maximum of one (1)daily room reconfiguration for each breakout room, to be completed outside of core session hours (0700-1800). Additional intra-day reconfigurations beyond this baseline will not be requested unless formally modified.

5.3 Audiovisual (AV) Equipment and Technical Support: The Contractor shall provide a complete, fully operational AV package for main room, including 1 projector, 1 screen, and 2 wireless microphones and appropriate speakers and mixing board and 1 podium . The Contractor shall provide a dedicated on-site technical support Point of Contact (POC) available daily from 0700 to 1800. To ensure streamlined communication, this POC shall act as the single point of coordination for resolving both AV/technical issues and general facility /room access issues.

5.4 Wireless Internet Access: The Contractor shall provide dedicated wireless internet access across all utilized meeting spaces. The wireless network shall meet the following minimum performance standards: a minimum dedicated bandwidth of 100 Mbps, and the capacity to support up to 120 concurrent device connections without throttling. The network shall be accessible via a single, unified access code or password for all attendees.

5.5 Lodging: Provide a block of 80 rooms from 4 November - 7 November.

5.5.1 Check-in/Check-out: The Contractor shall accommodate early check-in at 1000 and late check-out at 1500 for up to (15) designated VIP/Leadership rooms within the block at no additional charge. For all remaining rooms in the block, the hotel's standard check-in and checkout times shall apply, with early/late requests accommodated on a complimentary, space-available basis at the time of check-in.

5.5.2 Room Cancelation: The TPOC will provide written confirmation of the final room block requirements to the Contractor no later than 21 October 2026. Any rooms not confirmed by the TPOC by 21 October 2026 shall be released back to hotel inventory without fee or penalty to the Government. The Government may cancel up to 10% of the individual room reservations within the final room block up to 72 hours prior to the scheduled check-in date without penalty. Cancellations exceeding 10% of the final block or made within 72 hours of check-in will be charged for (1) night's room charge.

5.5.3 Unauthorized Guest Charges: The United States Government will not pay for movies, mini-bars, service, and telephone calls from or charged to guest rooms, or any other hotel charges other than those specifically provided for in this contract. Lodging, movies, mini-bars, service charges, long distance/ international calls, damage etc. must be itemized separately on service bills. Hotel guests will be responsible for all legitimate charges appearing on their lodging statements. The contractor's staff shall inform guests during check-in which services shall not be covered by the United States Government. Such services shall be removed from rooms and made only available on individual request from guests and after the contractor's staff requests a credit card from the guest. Charges not covered by the symposium are to be resolved between the guests and the hotel. Daily update on any unauthorized charges shall be reported to the TPOC.

5.6 Catering: To provide water, coffee, tea, juice, sodas, light appetizers/snacks throughout the core hours (0700- 1800) of the conference days (5 & 6 November). Provide buffet-style breakfast and lunch for an estimated 120 attendees on 5 and 6 November. Breakfast shall include at a minimum: eggs, breakfast meat, fruit, pastries, and coffee]. Lunch shall include at a minimum: two protein options, a vegetarian option, salad, and dessert.

5.7 Evening Social: Provide a location for an evening social on 4 November at 1830 - 2100 to host 70 VIP gu ests. The Contractor shall provide a variety of non-alcoholic beverages, and 6 different appetizers under the

Firm-Fixed-Price portion of this contract . The Contractor shall establish a cash-bar mechanism at no cost to the Government, allowing guests to purchase alcoholic beverages (beer, wine, cocktails) on an individual, self-pay basis. The bar shall remain open for the duration of the 2.5-hour event.

6.0 Deliverables

6.1 AV & Room Setup Plan: No later than 21 October 2026, the Contractor shall submit a final AV & Room Setup Plan to the TPOC for approval. This plan must detail the final room configurations, equipment placement, and a schedule for setup and pre-event AV testing.

6.2 Final Room Block Confirmation Notice: T he vendor shall provide a final room list and count. This deliverable serves as confirmation to initiate a partial de-obligation modification to release any unused rooms from the initial 80-room block without penalty.

6.3 Daily Unauthorized Guest Charges Report: The Contractor shall actively audit the master billing account.

The Contractor shall extract hotel logs and report any personal charges (mini-bar, in-room movies, room service) billed to guest rooms. This report must verify that these charges were successfully isolated and charged to individual credit cards.

7.0 Performance Requirements Summary (PRS)

Task / Deliverable

Performance Standard Acceptable Quality Level Surveillance Method

Facility & AV Support (PWS 5.3)

Acknowledge support requests within15 minutes.

Resolve standard deficiencies within one (1) hour or before the start of the next session, whichever is sooner.

95% compliance with response and resolution times.

TPOC

Observation / Periodic Inspection

Internet Reliability

(PWS 5.4)

Provide continuous wireless internet access meeting the minimum bandwidth requirements.

99% up time during scheduled conference hours (0700-1700).

User Feedback /

TPOC

Observation

Deliverable:

AV Plan

(PWS 6.1)

Submit the AV & Room Setup Plan accurately and on time.

100% on-time delivery; no more than one revision required by the Government.

TPOC

Review

Housekeeping & Restoration

(PWS 5.1, 5.2)

Rooms are cleaned daily, trash is emptied, and rooms are restored to their original condition post-event.

Zero instances of un-emptied trash or uncleaned tables prior to the 0800 daily start time.

TPOC Daily Inspection

Catering

1 evening social

2 meals each conf. day

Beverages and light snacks available throughout core hours

Food and beverage service is set up and ready 15 minutes prior to the scheduled start time. All menu items are available throughout the designated meal period. 98% compliance.

TPOC Daily Inspection

Lodging

Early and Late check-in and checkout

Block of 80 rooms

Cancellation within 72 hours

All reserved rooms are available for check-in by 1500 on the day of arrival. 100% compliance.

TPOC Daily Inspection

Requirements MARFORSOUTH requires vendor support services for conference planning, lodging, catering, facilities, and audiovisual support services in support of an official Government Conference.

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Inspection and Acceptance Location

Both Destination Instructions: Acceptance and Inspection will be conducted in accordance with contract terms and conditions.

DoDAAC: M20002 CountryCode: USA

COMMANDING GENERAL

MARINE CORPS FORCES SOUTH, 2000 OPELOUSAS AVE

NEW ORLEANS, LA 70114-1500

UNITED STATES

TBA, TBA

Email: TBA Telephone: TBA

Continuation of Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 04 Nov 2026 To 07 Nov 2026

240 Each

Period of Performance From 04 Nov 2026 To 06 Nov 2026

3 Days

Period of Performance From 04 Nov 2026 To 06 Nov 2026

3 Days

Period of Performance From 04 Nov 2026 To 06 Nov 2026

1 Job

Period of Performance From 04 Nov 2026 To 06 Nov 2026

1 Job

Period of Performance From 04 Nov 2026 To 06 Nov 2026

1 Lot

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 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

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026- O0038)

Feb 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

DFARS Clauses Incorporated by Full Text

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(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

(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.

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0871

Issue By DoDAAC M67861

Admin DoDAAC M67861

Inspect By DoDAAC M20002

Ship To Code

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) M20002

Service Acceptor (DoDAAC) M20002

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

TBD Time of Award

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

(End of clause)

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

Addendum to Contract Clauses

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026- O0038)

Apr 2026

52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1)

Apr 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Jan 2023

252.239-7010 Cloud Computing Services. Jan 2023

FAR Clauses Incorporated by Full Text

52.232-18 Availability of Funds. (Apr 1984)

AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Mar 2025) Deviation 2025-O0004 (Mar 2025)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0003 AND 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (JAN 2017) VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021) 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)

(11)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (DEC 2023)

Alternate I of 52.204-30.(ii) (DEC 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).JAN

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

(19)

52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-7.(ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )JAN 2025

(21)

52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )JAN 2025

Alternate I of 52.219-9.(ii) (NOV 2016)

Alternate II of 52.219-9.(iii) (NOV 2016)

Alternate III of 52.219-9.(iv) (JUN 2020)

Alternate IV of 52.219-9.(v) ( )JAN 2025

(22)

52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)

Alternate I of 52.219-13.(ii) (MAR 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (25) Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).FEB 2024

(26)

52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) Postaward ( )JAN 2025

Alternate I of 52.219-28.(ii) (MAR 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT ) (15 U.S.C. 637(m)).2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (SEP 2021)

52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(JAN 2025)

[Reserved](33)

[Reserved](34)

(35)

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)

Alternate I of 52.222-35.(ii) (JUL 2014)

(36)

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)

Alternate I of 52.222-36.(ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)

(39)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (JAN 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (MAY 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (43) (MAY 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, (46) and 42 U.S.C. 7671l).

(47)

52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

Alternate I of 52.224-3.(ii) (JAN 2017)

(48)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)

Alternate I of 52.225-1.(ii) (OCT 2022)

(49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)

19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (JAN 2025)

Alternate III of 52.225-3.(iv) (FEB 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021) Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (NOV 2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (MAY 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (NOV 2021) 3805).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (NOV 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63) Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)

(65)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)

Alternate I of 52.247-64.(ii) (APR 2003)

Alternate II of 52.247-64.(iii) (NOV 2021)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG (29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. (10) (JAN 2025) 40118(g)).

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any (1)

FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)

(vii)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (DEC 2023)

(B) Alternate I of 52.204-30.(DEC 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further ( )JAN 2025 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)

(xvi)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)

(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY (41 U.S.C. chapter 67).2014)

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(JAN 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)

(xxii)

52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

(B) Alternate I of 52.224-3.(JAN 2017)

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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/ [Insert one or more Internet addresses]____ ____

(End of clause)

List of Contract Documents, Exhibits, or Attachments

Solicitation Provisions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026- O0038)

Feb 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

DFARS Clauses Incorporated by Full Text

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

(May 2021)

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

Evaluation - Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-2 Evaluation-Commercial Products and Commercial Services. (Deviation 2026-O0038) (Tailored)

(Feb 2026)

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation factors. The Government will award a contract 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.

This procurement is reserved 100% for Small Businesses. The associated North American Industrial Classification System (NAICS) code for this requirement is 561920, Convention and Trade Show Organizers. Quoters must be registered in System of Award Management (SAM) database https://www.sam.gov/SAM/.

EVALUATION of the technical approach will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution. It is the Government's intention to issue a single firm-fixed price contract. The Government will award a single contract resulting from this request for quotes to the responsible vendor whose quote, conforming to the RFQ; will be most advantageous to the Government, price and other factors considered.

BASIS OF AWARD: Quotes will be evaluated based on (1) Price; (2) Technical Capability to Meet the Government's Requirement; and (3) Past Performance.

The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items. A mere statement that the vendor "will meet the Government's requirements" is insufficient; the vendor must demonstrate how it will meet the requirement. Vendor quotes shall include the following information:

a. Price: The price quote must reflect unit prices, extended amounts per line item, and overall total. (Note:

All prices must be actual "face-value" pricing having already accounted for any discounts offered and extended to the Government).

b. Technical Capability of the Offer to Meet the Government's Requirement: The vendor shall provide a…