Solicitation - W50S9J26BA011 Exhaust Capture System 7 May.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

Exhaust Capture SystemInstrument Name:

PROVIDE AND INSTALL A DIESEL EXHUAST CAPTURE SYSTEM THIS PROJECT IS BEING

SOLICITED AS A 100% TOTAL SMALL BUSINESS SET-ASIDE IN ACCORDANCE WITH FRO

FAR PART 19.104-1 PROJECT NAICS 238220 WITH A CORRESPONDING SIZE STANDARD

OF $19.0M DISCLOSURE OF MAGNITUDE FOR THIS PROJECT IS EXPECTED TO BE

BETWEEN $100,000 AND $250,000 WV20260038 DATED 2 JAN 2026 DAVIS BACON WAGE

RATES ARE APPLICABLE TO THIS PROJECT AWARD WILL BE MADE TO THE

RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS, WILL

BE MOST ADVANTAGEOUS TO THE GOVERNMENT, CONSIDERING ONLY PRICE

Product Service Code : N041

PROJECT TITLE: EXHUAST CAPTURE SYSTEM

AS A 100% TOTAL SMALL BUSINESS SET-ASIDE IN ACCORDANCE WITH RFO FAR 19.104-1

PROJECT NAICS 238220 WITH A CORRESPONDING SIZE STANDARD OF $19.0M. THIS

PROJECT IS EXPECTED TO BE BETWEEN $100,000 and $250,000. WV20260038 DATED 02

JAN 2026 DAVIS BACON WAGE RATES ARE APPLICABLE TO THIS PROJECT. AWARD WILL

BE MADE TO THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION

FOR BIDS, WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, CONSIDERING ONLY

PRICE.

Product Service Code: N041

*** END OF NARRATIVE ***

W50S9J26BA011

Section 00 01 10 - Table of Contents

SOLICITATION, OFFER, AND AWARD SF 1142 AND SF 1442 BACK

SECTION 00 10 00 - BID SCHEDULE, NOTES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

SECTION 00 45 00 - REPRESENTATIONS & CERTIFICATIONS

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT (CONTRACT CLAUSES)

SECTION 00 72 00 - GENERAL CONDITIONS

SECTION 00 73 00 - SPECIAL CONTRACT REQUIRMENTS (DAVIS BACON ACT)

SECTION 01 00 00 - GENERAL REQUIREMENTS

ATTACHMENT 1 - STATEMENT OF WORK, DATED 26 MARCH 2026

ATTACHMENT 2 - BUILDING 420 POWER PLAN

SECTION 00 10 00 NOTES

1. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://www.SAM.gov.

2. Facsimile transmission and mailed in bids are not authorized. Hand delivered & electronic submission of bids will be accepted. ALL ELECTRONIC BIDS SHALL BE SUBMITTED VIA

EMAIL

TO TSgt Jorden McCormick and Lt Col Samuel Stuck at jorden.mccormick@us.af.mil and samuel.

stuck@us.af.mil.

3. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://www.SAM.gov. For security reasons, all potential offerors, plan rooms and printing companies are required to be registered in the GSA System for Award Management

(SAM) database. Firms can register via the SAM internet site at https://www.sam.gov/portal/public

/SAM/. Interested bidders are required to submit their representations and certifications at the same site.

4. A complete bid package must contain the following:

(a) Offer, Standard Form (SF) 1442 front and back signed

(b) Section 00 10 00 Bid Schedule - all items must be priced

(c) Bid Bond and Power of Attorney (original are NOT required and photocopies will be accepted) is required along with the bid on the due date. In accordance with DoD Deviation 2020-O0016, electronic signatures and electronic, mechanically applied, or printed dates may be used and shall be considered original signatures and dates. The bid bond must be on a SF24 form. Rejection of a bid bond shall be in accordance with RFO FAR 28.101-4 Noncompliance with bid guarantee requirements.

(d) Section 00 45 00, Representations and Certifications, completed and return only additional certifications found in this section. In addition, the offeror must have entered current and complete data within the past year in Online Representations and Certifications at www.sam.gov.

(e) When completing the "Offeror" portion of the SF 1442 (Blocks 14 - 20), an official having the authority to contractually bind the company must sign the SF 1442 in accordance with RFO FAR 4.102. One copy of the SF1442 is required to have an original signature.

(f) All amendments to the solicitation must be acknowledged.

(g) Mark the front of the envelope with the following: "BID No. W50S9J-26-B-A011", and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.

5. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the

Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with RFO FAR 4.207(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards

(See RFO FAR 19.103). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration (IAW RFO FAR 19.201-2 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small

Business Administration (SBA) and not the Contracting Officer. A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and

Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business

Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

End of Section 00 10 00

*** END OF NARRATIVE ***

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Provide and install a fully automatic diesel exhaust extraction system at Building 420, Fire Department of The West Virginia Air National Guard (ANG) at McLaughlin Air National Guard Base located at 1679 Coonskin Drive, Charleston, WV.

Reference the Statement of Work for additional details.

Product Service Code: N041 North American Industry Classification System (NAICS): 238220 Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Each

Section 00 21 00 - Instructions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation 2026-O0038)

2026-02

52.214-6 Explanation to Prospective Bidders.

1984-04

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

(Deviation 2026-O0038)

2026-02

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)

2026-02

52.225-10 Notice of Buy American Requirement-Construction Materials.

2014-05

52.233-2 Service of Protest. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

(Tailored)

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of provision)

52.252-3 Alterations in Solicitation. 1984-04

Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

None ____ ____

52.252-5 Authorized Deviations in Provisions. (Tailored)

2020-11

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) (a) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter1) (b) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 13 - Instructions to Bidders

1. DESCRIPTION OF THE PROJECT:

Provide and install a fully automatic Diesel Exhaust Extraction System in the Fire

Department at McLaughlin Air National Guard Base in Charleston, WV.

2. INSTRUCTIONS TO BIDDERS:

2.1 You are invited to submit a bid in response to our Invitation for Bids for W50S9J-26-B-A011 titled Exhaust Capture System at the 130th Airlift Wing 1679 Coonskin Drive, Charleston, West Virginia 25311. Hand delivered bids may be delivered to Lt Col Sam Stuck in

Building 141, Second Floor, 1679 Coonskin Drive, Charleston, WV 25311.

2.2 As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid is conforming to the invitation for bids, will be most advantageous to the Government, considering only price.

2.3 This solicitation is 100% Total Small Business Set-Aside in accordance with RFO FAR 19.104- 1.

3. NOTICE OF PRE-BIDCONFERENCE AND SITE VISIT:

3.1 A pre-bid conference will be conducted on 19 May 2026, 10:00am local time for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at the 130th Airlift Wing, Building 136 Conference Room, 1679 Coonskin

Drive, Charleston, WV 25311. Interested Contractors are highly encouraged to attend the pre-bid conference. The site visit will be held following the conference.

3.2 Due to security conditions, all offerors must register to attend this conference and site visit.

Email the following information for all attendees to Lt Col Sam Stuck and TSgt Jorden McCormick at the following addresses: samuel.stuck@us.af.mil and jorden.mccormick@us.af.mil: firm name, telephone number, visitor's name, and driver's license number and date of birth.

3.3 This information must be provided in advance, 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in delayed entry and possibly the Government's denial of your access to the prebid conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

3.4 Visitors must pick up their passes at the Installation's Main Entry Gate prior to arrival. You will be required to present the following information upon arrival:

(1) Vehicle Registration,

(2) Real ID Driver's License,

(3) Proof of Insurance for Vehicle,

(4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

3.5 Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

3.6 A record of the conference shall be made and furnished to all prospective bidders via posting at www.SAM.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

4.1 Submit all questions in the format shown below by email to the contracting office at the addresses shown below. Do not contact Civil Engineering directly. All questions must come through the Contracting Office. Subject Line: Reference No. SOLICITATION W5S09J-26-B-A011

Email: samuel.stuck@us.af.mil and jorden.mccormick@us.af.mil

PRE-BID INQUIRY FORMAT:

Date of Bid Inquiry: _______________ from ___________________________

Company Name: _________________________________________

Address: __________________________________________________________________

Phone Number: _______________________________

Email address: ________________________________________________

Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)

4.2 Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.

4.3 All questions and requests for information (RFI) must be received NO LATER THAN 27 May

2026. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS

PROCESS.

4.4 Any changes to the drawings, specifications, etc. will be issued in the form of an amendment.

However, any answers that clarify or provide an interpretation to the drawings, specifications, etc.

will NOT be posted via amendment but rather as a response to the RFI on SAM.gov at https://www.SAM.gov.

4.5 Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids.

4.6 For security reasons, all technical and engineering data related to this solicitation will be distributed using the Contract Opportunities (SAM.gov) system. Plans and specifications are locked on SAM.gov and require Contractors to request explicit access from the Contracting Officer

OR export controlled access through DLA. See complete instructions on SAM. gov. SAM.gov is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with SAM.gov before accessing the system.

4.6.1 Amendments, if/when issued will be posted to www.SAM.gov for electronic downloading.

This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation.

Websites are occasionally inaccessible due to various reasons.

5. DELIVERY OF HAND CARRIED BIDS:

5.1 Hand carried bids can be delivered to 130th Airlift Wing, Building

141 Second Floor Room 2169 Contracting, 1679 Coonskin Drive, Charleston, WV 25311. Hand carried bids must be received prior to the time established for submitting of bids. It is recommend to contact the Contracting Office via email or phone prior to delivery of hand carried bids to ensure contracting personnel are available to receive the bid. Bidders are cautioned that they will be required to sign-in and obtain a visitor's pass to enter the facility and should allow time to accomplish this. See instructions for obtaining access to the base in the Site Visit instruction. Follow the same instructions for obtaining entry to hand carry bid. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid "late" in accordance with RFO FAR 14.301.

5.2 NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or another external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as infilled at the GAO. The NG protest decision goal is to resolve protests within

35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency's Protest Decision Authority, but not both, in accordance with NG protest procedures. To be timely, the protests must be filed with the periods specified in RFO FAR 33.104.

To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau

Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.NG Public-facing, general Protest information is found at: https://www.nationalguard.mil /Leadership/Joint-Staff/Special-Staff/Director-of

Acquisitions/Directorate of Acquisitions information for the contracting enterprise is found at https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.

aspx

6. WAGE DETERMINATION:

Construction Wage Rates are applicable to this project are WV20260038 dated January 02, 2026, as shown in Section 00 73 00.

7. BID PREPARATION EXPENSESAND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.

8. CLAUSES:

Clauses and provisions from the Revolutionary Federal Acquisition Regulation Overhaul and supplements are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

9. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with RFO FAR subpart 4.101, the government will retain one copy of all unsuccessful bids including the bid bond.

10. OFFERORS QUALIFICATIONS:

To establish its responsibility, the apparent low bidder may be requested by the Government prior to award, to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial and bonding resources and plant available to be used in performing the work. This action may be requested to determine if the contractor is responsible.

End of Section 00 21 13

*** END OF NARRATIVE ***

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.229-12 Tax on Certain Foreign Procurements.

2021-02

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-

2023-06

Representation.

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-1 Small Business Program Representations. (Deviation 2026-O0038) (Tailored)

2026-02

Small Business Program Representations (Feb 2026) (Deviation 2026-O0038)

(a) . As used in this provision-Definitions

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) , as used in this definition, means business concerns, one of whom directly or Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19,000,000.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce ( , nonmanufacturer), is 500 employees, or 150 employees i.e.

for information technology value-added resellers under NAICS code 541519, if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that-

(i) it is, is not a small business concern; or

(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and ____________ unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c) The offeror represents that it is, is not a women-owned small (1) of this provision.] disadvantage business concern.

(3) The Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

offeror represents as part of its offer that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and ____ unique entity identifier of each party to the joint venture: __.]

(4) The Economically disadvantaged women-owned small business (EDWOSB) joint venture.

offeror represents as part of its offer that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and ____ unique entity identifier of each party to the joint venture: __.]

(5) . [SDVOSB joint venture eligible under the SDVOSB Program Complete only if the offeror is ]. The offeror represents as part of its offer that it is, is not a certified as a SDVOSB concern

SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each ____ party to the joint venture:__.]

(6) [HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is ] The offeror represents, as part of its offer, that it is, is not a HUBZone small business concern.

a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint ____ venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business Notice.

concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be-

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] 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.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment

2021-05 or Services-Representation.

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) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or 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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from 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) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for 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) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications 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).

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-7 Withholding of Funds. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0038)

2026-04

52.228-11 Pledges of Assets (DEVIATION 2020-O0016)

2021-02 Deviation 2020- O0016

2020-04

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

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

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.240-7997 NIST SP 800-171 DoD 2026-02 Deviation 2026-02

Assessment Requirements.

(DEVIATION 2026-O0025)

2026- O0025

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.204-8 Annual Representations and Certifications. (DEVIATION 2025- O0003 and 2025-O0004) (Tailored)

2025-03 Deviation 2025- O0004

2025-03

Annual Representations and Certifications (MAR 2025) (DEVIATION 2025-O0003 and 2025- O0004)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19,000,00.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved]

(xv) [Reserved]

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) [Reserved]

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[ ]Contracting Officer check as appropriate.

52.204-17, Ownership or Control of Offeror.(i)

52.204-20, Predecessor of Offeror.(ii)

52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)

52.222-48, Exemption from Application of the Service Contract Labor Standards to (iv) Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

52.222-52, Exemption from Application of the Service Contract Labor Standards to (v) Contracts for Certain Services-Certification.

52.227-6, Royalty Information.(vi)

Basic.(A)

Alternate I.(B)

52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, ]. These amended representation(s) and/or identifying change by clause number, title, date certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.228-15 Performance and Payment Bonds-Construction (Deviation 2020-O0016)

2020-06 Deviation 2020- O0016

2020-04

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-

O0016)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any…