Solicitation - W911SD25QA061.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 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Solicitation/Contract Form Continuation

Fire Hose and Ground Ladder Testing

W911SD25QA061

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Fire Hose and Ground Ladder Annual Testing - In accordance with the Statement of Work

Product Service Code: J012 Pricing Arrangement: Firm Fixed Price

1 Job

Fire Hose and Ground Ladder Annual Testing - In accordance with the Statement of Work

Product Service Code: J012 Pricing Arrangement: Firm Fixed Price

1 Job

Fire Hose and Ground Ladder Annual Testing - In accordance with the Statement of Work

Product Service Code: J012 Pricing Arrangement: Firm Fixed Price

1 Job

Fire Hose and Ground Ladder Annual Testing - In accordance with the Statement of Work

Product Service Code: J012 Pricing Arrangement: Firm Fixed Price

1 Job

Fire Hose and Ground Ladder Annual Testing - In accordance with the Statement of Work

Product Service Code: J012 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Statement of Work

1.0 SCOPE OF WORK: The Contractor shall provide all certification, labor, equipment, materials and supervision necessary to perform Inspection, Testing and Maintenance (ITM) in accordance with National Fire Protection Association (NFPA) Standards; NFPA 1932- Standard on Use, Maintenance and Service of In-Service Ground Ladders and NFPA 1962- Standard for the Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles, and Fire Hose Appliances.

1.1 Inspections shall be performed by the vendor in accordance with National Consensus Standards (or as modified or updated) and shall be incorporated in its entirety and shall constitute the scope of work/work statement to be performed under this contract.

1.1.2 The Contractor shall perform annual ITM tasks each year for ground ladders and fire hose.

1.1.3 The contract period shall be base year with four (4) option years.

1.2 BACKGROUND: The West Point Fire & Emergency is regulated by AR 420-1, Chapter 25 which states the department shall follow all National Fire Protection Association (NFPA) standards. Standard 1962 covers the annual testing of fire hose. Standard 1932 covers the annual testing of fire service ground ladders.

1.2.1. AREA OF RESPONSIBILITY: United States Military Academy, West Point, New York. Our fleet of apparatus are house at the following locations:

Bldg. 721 - Fire Station #1, 721 Washington Road, West Point New York 10996 Bldg. 1203 - Fire Station#2, 1203 Stony Lonesome Road, West Point, NY 10996 Bldg. 1400 - Fire Station #3, 1400 State Route 293, West Point, NY 10996 All apparatus will be brought by a government employee to the agreed upon testing ground. There are four (4) engines, (1) ladder truck, (1) rescue.

Our inventory consists of . These amounts of hose and ladders are provided as approximately 17,000 feet of hose and 350 feet of ground ladders estimates and may very by 25%.

1.3 HOURS OF OPERATION: All work shall be performed between 0700 a.m. and 4:00 p.m., Monday through Friday, excluding Federal holidays unless otherwise stated in this contract or directed by the Contracting Officer (KO) or the COTR. Services shall be provided according to frequencies determined by West Point Fire & Emergency Services.

1.3.1 The Contractor shall coordinate date and time of each ITM service with the COR, a minimum of 30 working days prior to anticipated services.

1.3.2 Telephonic reporting may be used at the discretion of the COR.

1.4. PERSONNEL: The Contractor shall provide a work force possessing the skills, knowledge, certifications, licensing, and training to satisfactorily perform the service required by this contract. Compliance documentation shall be made available upon request, to the Contracting Officer (KO).

1.4.1 Conflict of Interest: The Contractor shall not employ any employee of the United States Government or the Department of Defense (DoD), either military or civilian, if such employment would create a conflict of interest or unless such person receives prior approval in writing from the KO.

1.4.2 Conduct of Personnel: The KO may require the Contractor to remove from the job site, any employee working under this contract for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agents.

1.4.3. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is in the best interest of the Government. Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this work statement.

1.4.4 The Contractor shall provide a Contractor representative in writing to the Contracting Officer within ten (10) calendar days after contract award.

1.4.5 Interface with Government Operations: Contractor personnel under the terms of this contract shall not interfere with regularly scheduled Government operational activities.

1.4.6 FRAUD, WASTE AND ABUSE: The Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor occupied work areas. Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste and abuse, or other intentionally dishonest conduct, against the Government, observed during or in the performance of this contract.

1.4.7 SAFETY: While performing under this work statement, the Contractor shall provide for protecting the lives and health of employees and other persons, preventing damage to property, materials, supplies and equipment and avoiding work interruptions. For these purposes, the Contractor shall adhere to the requirements of OSHA and EM 385-1-1.

1.4.8 Contractor personnel shall wear safety items required by OSHA during the performance of tasks requiring protective equipment or clothing.

1.4.9 CONSERVATION OF UTILITIES: Contractor personnel shall operate under conditions, which preclude waste of Government furnished utilities.

1.5 SECURITY CLEARANCE: RESERVED/NOT USED

1.6 PHYSICAL SECURITY: RESERVED/NOT USED

1.7 ACCESS TO FACILITIES:

1.7.1. Identification Badges: The Contractor shall provide a photo identification badge for each employee performing services under this contract.

1.7.2 Each Contractor employee shall conspicuously display, upon their person, the identification badge while performing work on this contract or while on any Government property.

1.7.3 Post access requirements may change through the course of the contract. The Contractor shall comply with KO direction.

1.7.4 Identification badges shall be visible and shall display the Contractor's name, employee's name, and current employee photo - 2" x 2", contract number and project description.

1.8 KEY CONTROL: RESERVED/NOT USED

1.9 CONTINGENCIES: RESERVED/NOT USED

1.10 MANAGEMENT PLAN: The Contractor shall provide a written report documenting services performed, discrepancies noted, corrective actions taken and repair parts required. Both the Contractor and the COR shall sign and initial the Contractor's service record after any services have been completed.

1.10.1 The Contractor shall submit an informational invoice to the COR. The invoice shall include the purchase order number, the item number (0001) and the services performed.

1.10.2 Payment schedule: the Contractor shall provide an itemized invoice identifying the services performed along with the associated CLIN number (s).

1.11 QUALITY CONTROL: RESERVED/NOT USED

1.11.1 QUALITY ASSURANCE: The Government will monitor the Contractor's performance under this contract using quality assurance procedures.

1.12 ACCIDENT REPORTING: The Contractor shall maintain an accurate record of accidents resulting in traumatic injury or death and accidents resulting in damage to Government property, supplies and equipment. The Contractor shall report incidents causing disruption of contract services, or any accidents in connection with the performance of this contract, to the contracting officer within two (2) hours of occurrence.

2.0 DEFINITIONS:

2.1 GENERAL: as used throughout the contract, the following terms shall have the meaning set forth below. Definitions contained in this section apply to all work requirements under the contract.

2.1.1 STANDARD DEFINITIONS:

2.1.2 Contracting Officer (KO): A Government official with authority to enter into, administer, and/or terminate Government contracts.

2.1.3 Contracting Office Representative (COR): An authorized Government representative of the Contracting Officer designated in writing to perform specific contract administration functions.

2.1.4 Contractor Representative: A foreman, superintendent, or manager designated in accordance with the contract.

2.1.5 EMERGENCY - That situation that exists that may result in life safety concerns or issues or threat of immediate property deterioration. The EMERGENCY is resolved when that system is returned to full safe, as designed operation. Determination of EMERGENCY will only be made by the KO, COR, or Supervisor/Chief Officer of the West Point Fire Department

2.1.6 Quality Assurance Evaluator (QAE): the Government employee responsible for inspecting Contractor performance. The designated COR may perform this Government function.

2.1.7 Records: Any papers, photographs, photographic copies, or maps, regardless of physical form or characteristics, accumulated or maintained in filing equipment, boxes, or on shelves, and occupying office or storage space, but exclusive of publications or blank forms maintained for supply purposes. This term has the same meaning as files, except that it is a more inclusive term and has a more generalized meaning.

2.1.8 Repair: The restoration of real property, components thereof or equipment to such condition that it may be effectively utilized for its designated purposes by overhaul, reprocessing, or replacement of component parts or materials that have deteriorated by action of the elements or usage and which have not been corrected through maintenance.

2.1.9 Contractor: The Contractor, its subsidiaries and affiliates, joint ventures involving the Contractor, or any entity which the Contractor may have merged or any individual or entity that assisted or advised the Contractor in the preparation of a proposal under this solicitation.

3.0 GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES:

The Government will provide only the property and services listed below.

3.1 PROPERTY: The Contractor shall not use property provided by the Government for any purpose other than the performance of this contract.

3.1.1 No office or administrative trailer space is available for use under this contract.

3.1.2 Parking facilities: There is limited parking available for Contractor owned vehicles. The Contractor's employees shall abide by Government posted regulations.

3.2 UTILITIES: The Government will make available to the Contractor; electric, water and sanitary sewer services currently existing at the facility.

3.3 EQUIPMENT: Through analysis, diagnostics and evaluation of the COR replace equipment which is affiliated with Fire Alarm and Detection System Reporting and Receiving which is non- operational and affects the Life, Health and Safety of the facility, and/or post populous.

3.4 MATERIALS: RESERVED/NOT USED

3.5 SERVICES: FIRE PROTECTION: RESERVED/NOT USED

4.0 CONTRACTOR FURNISHED ITEMS:

4.1 The Contractor shall furnish all vehicles, equipment, tools, and supplies required to accomplish the work.

5.0 SPECIFIC TASKS:

5.1. The Contractor shall provide all labor, material, equipment, and supervision to complete all work in accordance with these specifications necessary to the Directorate of Emergency Services, at the United States Army Garrison West Point, West Point, New York 10996. Work shall be done at the United States Military Academy at West Point, NY in an outdoor space provided by DES. The contractor will ensure that personnel have proper, valid identification to access the installation and will not attempt to bring any contraband or prohibited items onto the installation.

5.1.1 The Contractor shall provide a telephone number and a point of contact to the contracting officer's representative within ten (10) calendar days.

5.1.2 The Contractor shall maintain a detailed record (scheduled maintenance report) of all scheduled maintenance tasks performed on each individual ladder and length of hose. The records shall include apparatus assigned, identification number, dates inspected and completed; detailed description of all work performed; results of all tests performed; name of technician; and a description of existing and potential problems and recommended solutions beyond the scope of this work statement. The Contractor shall maintain the original records in a single book or file for each apparatus and shall provide a copy of each report to the COR no later than five (5) workdays from completion of each scheduled maintenance task or service.

5.2 SCHEDULED SERVICES: The Contractor shall submit schedule of all services to be performed during the annually ITM.

5.2.1 Contractor shall identify all systems and types of service to be performed.

5.2.2 All services shall be performed during the period on the schedule of services. Work not able to be accomplished due ONLY to Government constraints will be re-performed at a future date, as mutually agreed upon between the Contractor and the COR.

5.3 INSPECTION, TESTING AND MAINTENANCE OF FIRE HOSE: Perform inspection, testing and maintenance of fire hose.

5.3.1 Remove, Test, Drain, Label, Repack (as it was prior to removal) all 1 3/4, 2 1/2", 3", 4", and all hard sleeve lengths of hose from each apparatus.

5.3.2 Test all provided spare 1 3/4, 2 1/2", 3", 4", and all hard suction lengths of hose, straight roll lengths upon completion (with male coupling on the inside).

5.3.3 All testing shall meet N.F.P.A. 1962 standard (current edition).

5.3.4 Supply labels indicating each hose has been tested and passed. Affix said sticker to the female coupling of each length of hose. At a minimum the sticker shall contain the year the hose was tested, a unique identifier for that hose and the name and a way to contact the company performing the testing.

5.3.5 Label any hose that fails testing and provide documentation to Fire Dept. Straight roll hose that fails and keep in a separate area from the hose that has passed. Notify COR of failed hose to ensure that it is taken out of service. Failed hose shall not be placed back on any apparatus by the contractor's employees in order to avoid accidently placing it back in service.

5.3.6 Mark each hose bed with final length or amount of hose following testing and after repacking it. Marking should be of a non-permanent nature.

5.3.7 Provide all completed hose pass and fail documentation to Fire Dept via electronic means (Email). The report shall indicate each piece of hose tested, by diameter of hose, length of hose, unique label/ID, and the results of the test (Pass or Fail). This shall be provided no later than 10 business days after the testing has concluded.

5.4 INSPECTION, TESTING AND MAINTENANCE OF GROUND LADDERS: Perform inspection, testing and maintenance of ground ladders.

5.4.1 Remove, Test, Label/ replace heat indicator stickers, and replace, the same as it was prior to removal, all portable ground ladders from each apparatus.

5.4.2 All testing shall meet NFPA 1932 standard.

5.4.3 If the ladder is not labeled with a unique label, it shall be stenciled to the ladder using an approved method by the COR.

5.4.4 Supply labels indicating each ladder was tested and passed. Affix said sticker to the outside lower beam portion of the ladder. At a minimum the sticker shall contain the year the ladder was tested and the name and a way to contact the company performing the testing.

5.4.5 Label any ladder that fails testing and provide documentation to Fire Dept. Notify COR of failed ladder to ensure that it is taken out of service.

Failed ladders shall not be placed back on any apparatus by the contractor in order to avoid accidently placing it back in service.

5.4.6 Provide all completed ladder pass and fail documentation to Fire Dept via electronic means (thumb drive, or email). The report shall indicate each ladder tested by length of ladder, unique label/ID, and the results of the test (Such as Pass or Fail). This shall be provided no later than 10 business days after the testing has concluded.

5.5 ANCILLARY:

5.5.1 Testing may only be conducted on one apparatus at a time. Tested equipment shall not be removed off a waiting apparatus until the previous apparatus tested equipment has been completely repacked to the satisfaction of the COR.

5.5.2 Testing shall start on a day agreed upon with the company and the COR and shall run no more than 4 consecutive days from the start date.

Testing may be finished in less than 4 days without penalty. Hours of work shall start no earlier than 8 AM and finished no later than 4 PM each day.

If sever inclement weather should occur during the testing, the COR may grant an exception and allow the time frame to be extended without penalty.

5.5.3 If a vehicle is out of service or unavailable during the set testing period, the contractor agreed to return to perform the testing on a mutually agreed upon day not more than 45 days after the conclusion of the testing. If this should occur, all reports shall be provided no later than 10 business days after the final testing has concluded.

5.5.4 The contractor's employees are not authorized to operate any government owned vehicles.

5.5.5 Contractor shall submit paperwork electronically in Wide Area Work Flow (WAWF) for payment. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/

5.5.6 Contractor shall complete CMRA reporting requirements within 45 days of completion of testing.

5.5.7 Contractor and all his employees must be possess a valid ID and be able to work on West Point Property following background checks from the physical security office.

6.0 APPLICABLE DOCUMENTS:

Documents applicable to the services to be performed under this work statement are listed below and are not intended to be a complete listing. All documents are mandatory.

- Ladder Inventory including testing results

- Fire Hose Inventory including testing results

Requirements Fire Hose and Ground Ladder Testing

North American Industry Classification System (NAICS): 922160

North American Industry Classification System (NAICS): 922160

North American Industry Classification System (NAICS): 922160

North American Industry Classification System (NAICS): 922160

North American Industry Classification System (NAICS): 922160

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Accept within 7 days.

DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Accept within 7 days.

DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Accept within 7 days.

DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Accept within 7 days.

DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Accept within 7 days.

DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Continuation of Deliveries or Performance

From 01 May 2025 to 30 Apr 2030

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC

Delivery After Delivery Date 01 May 2025

Period of Performance From 01 May 2025 To 30 Apr 2026

1 Job Place of Performance DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Delivery After Delivery Date 01 May 2025

Period of Performance From 01 May 2026 To 30 Apr 2027

1 Job Place of Performance DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Delivery After Delivery Date 01 May 2025

Period of Performance From 01 May 2027 To 30 Apr 2028

1 Job Place of Performance DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Delivery After Delivery Date 01 May 2025

1 Job Place of Performance DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

Period of Performance From 01 May 2028 To 30 Apr 2029

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Delivery After Delivery Date 01 May 2025

Period of Performance From 01 May 2029 To 30 Apr 2030

1 Job Place of Performance DoDAAC: W583NQ CountryCode: USA

W6BM USAG WEST POINT

FIRE DEPARTMENT BLDG 616 HARDEE PL, ATTN FIRE CHIEF

WEST POINT, NY 10996-1595

UNITED STATES

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.225-1 Buy American-Supplies Oct 2022 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 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 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

FAR Clauses Incorporated by Full Text

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

As prescribed in 19.309(c)(1), insert the following clause:

Postaward Small Business Program Rerepresentation (Jan 2025)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

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

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

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

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

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: ____.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: ____ .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: ____.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ____ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[____Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)

As prescribed in , insert the following clause:22.1006(b)

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies 29 CFR Part 4 the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Machinery Maintenance Mechanic $31.74

(End of clause)

DFARS Clauses Incorporated by Full Text

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

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) 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 HQ0490

Issue By DoDAAC W911SD

Admin DoDAAC W911SD

Inspect By DoDAAC W583NQ

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) 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.

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

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

FAR Clauses Incorporated by Full Text

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

(Jan 2025)

As prescribed in , insert the following clause: 12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

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

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

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

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

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

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this (b) 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. 4655).(1) (Jun 2020), Alternate I (Nov 2021)

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. 111-5). (3) (Jun 2010) (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, the (4) (Nov 2023) 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 Multi-(10) 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 preference, (16) Oct 2022 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 Eligible (25) 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 2022 (15 U.S.C. 637(m)).

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)

(34) [Reserved]

(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 items.)(ii) (May 2008)

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 (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(46) (May 2024)

(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.