Solicitation - W911SD25QA078.pdf
PDF 3 MB Posted
- Solicitation number
- PANMCC25P0000013152
About this file
This document is a Request for Quote (RFQ) for procuring 100% Merino wool fabric for United States Military Academy (USMA) cadet dress coats and full-dress coats. The solicitation (W911SD25QA078) seeks two fabric colors: gray and black, with a total requirement of 8,000 yards across multiple line items and option periods from 2025 to 2029. The procurement is a firm fixed-price contract set aside exclusively for small businesses under NAICS code 313310, with a size standard of 1,000 employees.
The solicitation requires vendors to submit a complete Standard Form 1449, including detailed pricing for each line item, signed documentation, and a fabric sample meeting specific technical requirements. Delivery is specified for multiple dates between June 2025 and February 2029, with the contractor responsible for transportation costs. The fabric must be 100% Merino wool and meet precise specifications for width, weight, and yarn count. Vendors must also provide country of origin certification and complete various representations and certifications. All questions should be directed to Dayanna Wallace at dayanna.wallace.civ@army.mil, and the solicitation is being issued electronically through SAM.gov.
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| Product Description.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Created On:
23 Apr 2025, 11:28 AM Central Daylight Time
Solicitation/Contract Form Continuation
MERINO FABRIC FOR CADETS DRESS COAT AND FULL-DRESS COAT
W911SD25QA078
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Merino Grey for USMA Cadet Dress Coat (C0262)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
6,000 Yard
Merino Black for USMA Cadet Dress Coat (C0263)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
2,000 Yard
Option Line Item
Merino Grey for USMA Cadet Dress Coat (C0262)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
3,000 Yard
Option Line Item
Merino Black for USMA Cadet Dress Coat (C0263)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
1,000 Yard
Option Line Item
Merino Grey for USMA Cadet Dress Coat (C0262)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
3,000 Yard
Option Line Item
Merino Black for USMA Cadet Dress Coat (C0263)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
1,000 Yard
Option Line Item
Merino Grey for USMA Cadet Dress Coat (C0262)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
3,000 Yard
Option Line Item
Merino Black for USMA Cadet Dress Coat (C0263)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
1,000 Yard
Merino Grey for USMA Cadet Dress
Option Line Item
Coat (C0262)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
3,000 Yard
Option Line Item
Merino Black for USMA Cadet Dress Coat (C0263)
End-Item Description: 100% Merino Wool Fabric Pricing Arrangement: Firm Fixed Price
1,000 Yard
Continuation of Description
Requirements
THIS REQUIREMENT IS TO PROCURE100% MERINO BLACK AND GRAY WOOL FABRIC, C0262
AND C0263, THESE MERINO FABRICS ARE NEEDED TO MANUFACTURE DRESS COATS AND
FULL-DRESS COATS FOR EACH NEW INCOMING CADET CLASS. FABRICS ARE REQUIRED TO
GIVE THE MANUFACTURED COATS THE DISTINCTIVE APPEARANCE, AND FINISH REQUIRED
FOR THESE HIGH-QUALITY COATS.
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Option Line Item
Product Service Code: 8415
North American Industry Classification System (NAICS): 315999
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Physical Delivery Address:
U.S. Military Academy West Point Cadet Services Division c/o CUF -Merino Fabric 687 Rogers Place West Point, NY 10996
DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO, BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Continuation of Deliveries or Performance
Delivery On Or Before Delivery Date 13 Jun 2025
Party to Pay Transportation Cost: Contractor
Point Type: Destination
Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes
Delivery On Or Before Delivery Date 13 Jun 2025
6,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Delivery On Or Before Delivery Date 13 Jun 2025
2,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2026
3,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2026
1,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Delivery On Or Before
3,000 Yard
Ship To DoDAAC: W16XX9 FoB Details
Delivery Date 02 Feb 2027
CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2027
1,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2028
3,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2028
1,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2029
3,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Option Line Item
Delivery On Or Before Delivery Date 02 Feb 2029
1,000 Yard
Ship To DoDAAC: W16XX9 CountryCode: USA
W6X1 USALRCTR US MIL WESTPOINT
US MILITARY ACADEMY SSA WAREHO,
BLDG 917 WASHINGTON RD 2D FLOOR
WEST POINT, NY 10996-5000
UNITED STATES
FoB Details
Party to Pay Transportation Cost:
Contractor
Point Type: Destination
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 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
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)
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)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021)
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
(a) Definitions. As used in this clause-
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name;
supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(a) Definitions. As used in this clause-
Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.219-33 Nonmanufacturer Rule. (Sep 2021)
Nonmanufacturer Rule (Sep 2021)
(a) Definitions. As used in this clause-
Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.
Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.
(b) Applicability.
(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.
(2) This clause applies to-
(i)Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);
(ii)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(iii)Orders expected to exceed the simplified acquisition threshold and that are-
(A)Set aside for small business under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(B)Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii);
(iv)Orders, regardless of dollar value, that are-
(A)Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i) (F); or
(B)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii); and
(v)Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.
(c) Requirements.
(1)The Contractor shall-
(i)Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead;
(ii)Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii)Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2)When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.
(End of clause)
52.225-1 Buy American-Supplies (Oct 2022)
Buy American-Supplies (Oct 2022)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into an end product.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.
The list of critical components is at FAR 25.105 .
Domestic end product means-
(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States;
(ii) An end product manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or
(B) The end product is a COTS item; or
(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".
End product means those articles, materials, and supplies to be acquired under the contract for public use.
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign end product means an end product other than a domestic end product.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505 (a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."
(End of clause)
52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)
Applicable Law for Breach of Contract Claim (Oct 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
COMBO
(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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W911SD
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