Solicitation - W911SD26QA053 Full Dress hat- PomPOM.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)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Product Service Description: FULL DRESS HAT w/ Pom Pom (Base Yr) Classification: Cap Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1,470 Each

Option Line Item

Product Service Description: FULL DRESS HAT w/ Pom Pom (OY1) Classification: Cap Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1,470 Each

Option Line Item

Product Service Description: FULL DRESS HAT w/ Pom Pom (OY2) Classification: Cap Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1,470 Each

Option Line Item

Product Service Description: FULL DRESS HAT w/ Pom Pom (OY3) Classification: Cap Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1,470 Each

Option Line Item

Product Service Description: FULL DRESS HAT w/ Pom Pom (OY4) Classification: Cap Claimant Program Code: C9E Pricing Arrangement: Firm Fixed Price

1,470 Each

W911SD26QA053

Continuation of Description

PURCHASE DESCRIPTION FOR FULL DRESS HAT WITH POM POM

1. SCOPE

1.1 Scope - This purchase description covers the requirements for a full dress hat with pom pom.

1.2 Classification - The hat shall be of one type in the following sizes (see 6.2.).

2. APPLICABLE DOCUMENTS

2.1 The following documents of the issue in effect on date of invitation for bids or request for proposal, form a part of this purchase description to the extent specified herein.

SPECIFICATIONS

FEDERAL

C-F206 - Felt Sheet: Cloth, Felt, Wool, Pressed

ASTM D 1593, Standard Specification for Nonridged Vinyl Chloride Plastic Sheeting

ASTM Standard No. D1788

A-A-55093, Laces Footwear

MILITARY

MIL-B-1563 -Buttons, Insignia and Findings (U.S.M.A.)

MIL-L-10867 -Leather, Cattlehide, Gusset, Chrome Tanned, Fatliquored

MIL-C-82252 -Cloth, Broadcloth, Wool, and Wool Synthetic

STANDARDS

FEDERAL

Fed. Test Method Std. No. 191 - Textile Test Methods

Fed. Std. No. 751 - Stiches, Seams and Stitching

(Copies of specifications, drawings, standards and publications required by suppliers in connection with specific procurement functions shall be obtained from the procuring activity.)

2.2 Other Publications. The following publications of the issue in effect on date of invitation for bids, form a part of this purchase description. Applications for copies of A.S.T.M. Standards should be addressed to the American Society for Testing Materials, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 192428- 2959.

3. REQUIREMENTS

3.1 Uniformity of production. The materials, component items and the finished hat shall meet or exceed the minimum requirements for the item as specified in the purchase description and as shown by standard sample (see 6.3).

3.2 Materials.

3.2.1 Side Crown. The material for the side crown shall be wool blend, broadcloth, dyed black,

16.5 ounce, conforming to type I, class 4 of MIL-C-82252.

3.2.2 Frame. The material for the frame of the hat shall be rigid plastic acrylonitrile butadiene styrene material conforming to type I or II of L-P-1183. The thickness of the sheet shall be not less than 1/8 inch before forming and shall be approximately 1/32 inch after forming and shall be molded to size and shape in one piece. The color shall be gray or black and shall have a smooth but not polished surface. Frame height shall be 5 1/2 inches. Name of original equipment manufacturer to be molded in top of frame for identification purposes.

3.2.3 Top Crown Cushion. The material for the top crown cushion shall be urethane foam material, 0.085 +/- 0.010 inch thick and shall conform to Grade UU25 of ASTM Designation 1564, flexible Urethane Foam.

3.2.4 Sweatband cushion. The material for the sweatband cushion shall be pressed felt conforming to type I, class 9R1, 1/8 inch thick, with a minimum weight of 0.98 pound per square yard and maximum of 1.14 pounds per square yard of C-F-206.

3.2.5 Visor. The visor shall be one-piece solid molded visor to insure total integrity against peeling or separating, with the following special features:

1. Visor bottom side cross-hatched with slightly rough finish.

2. Molded to shape, not flat, to insure permanent shape.

3. Smooth high gloss finish.

4. Plastic material shall be commercially available Eastman Kodak polyallomer copolymer material: Providing low temperature toughness to -40 degrees. Stain proof. Free form fading or discoloration. Impervious to ultraviolet.

5. Shape shall be West Point Style sharp droop, 1-3/4" wide with 30 degree angle to Shako.

6. Shall not peel or separate.

7. Shall have high gloss finish.

8. Shall be stain proof.

9. Shall not fade or discolor.

10. Shall be impervious to ultraviolet rays.

11. Shape shall be sharp droop, 1-3/4" wide with 30 angle to shako.

3.2.6 Edge Binding (Mylar). Material for binding outer edge of visor shall be commercially available laminated composite material consisting of the following:

1. Top Layer clear polyester film, .0005 inches thick.

2. Vacuum plated to the top film is metallizing material in gold.

3. To the plating is added heat sealed adhesive coating, the then the bottom layer is PVC vinyl, .

0075 inches thick, heat sealed to the sandwich.

4. This laminated material shall be warrantied against peeling or separation at bonding in normal use. The total thickness or the lamination shall be .008 inches.

5. The mylar binding shall be sewn on with a finish folded edge both top and bottom of the visor.

3.2.7 Chin Strap. The leather for the chin strap shall be made from cattlehide leather, commercially known as black patent leather. The patent leather shall be vegetable tanned and the flesh side shall be a beige finish and have a thickness of 3 to 3-1/2 ounces and have a tooled indentation spaced 3/32 inch from each edge. The straps shall be free from all surface damages. Black Clarino may be used as a substitute for black patent leather.

3.2.8 Sweatband. Shall be black, expanded vinyl

3.2.9 Sweatband lace. The lace for the sweatband shall be black, 30 inches in length and polypropylene lace with plastic end tips.

3.2.10 The thread for seaming and stitching shall be of a good commercial quantity dyed black, and as indication below:

3.2.11 eyelets. The eyelets for attaching the insignia shall be brass, 9/16 inch diameter, conforming to the style and shape of the standard sample. The vent eyelets for the side of hat shall be brass, black enameled, conforming to style and shape of standard sample.

3.2.12 Attachment for holding pom pom. The attachment for the pom pom shall be non-corrosive metal or suitable plastic, preferably black in color (however, white will be accepted), with a rivet for attaching to the hat.

3.2.13 Pom pom. The pom pom shall be made in accordance with the standard sealed sample.

The pom pom shall be full bodied, firm and neatly trimmed to a uniform shape, approximately 6 1/2" in height from to top pom pom. The pom pom shall have a spring brass wire approximately 3 1/4 " long, to properly fit socket at top of crown of hat and to be fit with brass ferrule.

3.2.14 Hook. The hook for supporting chin strap shall be made of brass material preferably painted black (however, brass finish will be accepted).

3.2.15 Combination size and identification label. The label shall conform to MIL-DTL-32075, and shall include the wool content. The marking medium shall be yellow. The label shall be located inside top of hat.

3.2.16 Seams and stitches. The stitching and seaming shall conform to fed. Std. No.751. The stitching per inch shall be 10-12 except seaming of the visor and stitching of bottom band through frame which shall be 5-7.

3.3 Design. The hat, cadet, Full Dress shall conform to the style and shape as shown by figures and the sealed standard sample. The standard height for the hat is to be 5 1/2" (+/- 1/8").

Measured from the base to top.

3.4 Construction. The sweatband (cradle or hammock) shall be lapped approximately 3/8 inch over bottom edge of hat on outside and stitched to the frame. A hook shall be centered at the back bottom edge of the hat for supporting the chin strap. The bottom edge of sweatband shall be shaped and have holes punched for the laces the ends of the sweatband shall finish at center back of the hat.

3.4.1 Button post. There shall be one punched hole on each side of the hat for the attachment of button post positioned so that the front edge of the 43 line buttons will be in line with the visible points of the visor.

3.4.2 Chin strap. The strap shall be made in two sections each 3/4 inch wide. One end of each section shall be provided with a 1/4 inch aperture. The opposite end of each strap shall be provided with a 3/4 inch loop and a point. Keepers shall be riveted in place.

3.4.3 Eyelets. The eyelets for attaching insignia shall be for each side of the hat shall be approximately 2- 1/8 inches down from the top and positioned in accordance with standard sealed sample.

3.4.4 Attachment for holding pom pom. The attachment for holding the pom pom shall be securely riveted with brass rivets to the inside front of the hat with the socket extending the crown at center front.

3.5 Finishing hats. Remove all spots and stains. Lap ends of sweatband over each other with holes corresponding and double staple hammock and tie ends together.

3.6 Bar Code Labels.

3.6.1 BAR CODE LABELS CHARACTERISTIES:

1. 3 OF 9 format.

2. Be affixed to each item so that it can be read without opening the package.

3. Be easily removed by the customer.

4. Remain intact while warehouse.

5. Size of label should be large enough to be read but not massive. Size will be relative to size of item. Estimated size: 2 1/2 x 3 1/2

6. Label on carton, if possible. Label obviously displayed.

7. Each bar code should contain the following:

BARCODE (with start & stop characters OF )

STOCK NUMBER

DESCRIPTION SIZE ( IF APPLICABLE )

8. A sample label for format is attached.

9. Must submit sample of your label for acceptability.

3.6.2 Size Chart

4. QUALITY ASSURANCE PROVISIONS

4.1 Responsibility for inspection. Unless otherwise specified in the contract or purchase order, the supplier is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contrast or order, the supplier may utilize his own or any other facilities suitable for the performance of the inspection requirements specified herein, unless perform any of the inspections set forth in the purchase description where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

4.2 Certificate of compliance. The supplier shall furnish a certificate of compliance for the components and materials in 3.2. Where certificates of compliance are submitted, the governments reserves the right to check test such items to determine the validity of the certification.

4.3 End item examination. The finished hats shall be visually examined to assure that the hats contain no defects that will effect serviceability or appearance.

4.4 Testing. The methods of testing specified in fed. Std. No. 191 shall be followed wherever applicable.

5. PREPERATION FOR DELIVERY

5.1 Packaging. Unless otherwise specified, the hats shall be commercially packed in individual boxes of sufficient size to contain the hat without crushing. The size of hat will be marked on the outside the box. One pom pom , bagged in plastic, plus chinstrap shall be included in the box with each hat.

5.2 Packing. As far as practicable, supplies of one type and size only shall be packed in containers which (together with packaging, wrapping and inner packing) are acceptable by common carriers for safe transportation to a point of destination specified in shopping instructions at the lowest rate.

5.3 Marking. Unless otherwise specified, shipping containers shall me marked with the name of commodity, stock numbers, type and quantity contained therein as defined by contract or order under which shipment is made, the name of the supplier and the number of the contract or order. Boxes containing hats of assorted sizes shall be marked to show the quantity of each size packed therein.

6. NOTES.

6.1 Intended use. The hat covered by this purchase description is intended for wear by cadets of the United States military academy as part of the full-dress uniform.

6.2 Ordering data. Procurement documents should specify the following. a. Title, number and date of this purchase description. b. Size required (see 1.2).

6.3 Samples. For access to the standard sample of the end item, address the procuring office issuing the invitation for bids.

6.4 Supersession data. The purchase description supersedes interim purchase description IP /DES 5-17-3, hat, cadet, full- dress, with pom pom (U.S.M.A. ) dated 13 February 1963.

EVALUATION CRITERIA

Full Dress Hat Evaluation. The Government reserves the right to perform inspections when deemed necessary to assure supplies and services conform to prescribed requirements.

*** END OF NARRATIVE ***

Requirements CADET ISSUE REQUIREMENT Full Dress Hat w/ Pom Pom

Product Service Code : 8415 North American Industry Classification System (NAICS) : 315990

Option Line Item 1001 Product Service Code : 8415 North American Industry Classification System (NAICS) : 315990

Option Line Item 2001 Product Service Code : 8415 North American Industry Classification System (NAICS) : 315990

Option Line Item 3001 Product Service Code : 8415 North American Industry Classification System (NAICS) : 315990

Option Line Item 4001 Product Service Code : 8415 North American Industry Classification System (NAICS) : 315990

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Follow Product Description

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: Follow Product Description

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: Follow Product Description

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: Follow Product Description

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: Follow Product Description

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

0001 Delivery Schedule Delivery On Or Before Delivery Date 01 Jun 2026

1,470 EachQuantity

Address and POC 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

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery On Or Before Delivery Date 01 Jun 2027

1,470 EachQuantity

Address and POC 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

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery On Or Before Delivery Date 01 Jun 2028

1,470 EachQuantity

Address and POC 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

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery On Or Before Delivery Date 01 Jun 2029

1,470 EachQuantity

Address and POC 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

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery On Or Before Delivery Date 01 Jun 2030

1,470 EachQuantity

Address and POC 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

Special Handling/Notes 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. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-13 Contractor Code of Business Ethics and Conduct.

2021-11

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation)

2026-02

52.219-8 Utilization of Small Business Concerns.

(Deviation)

2026-02

52.219-16 Liquidated Damages-Subcontracting Plan.

(Deviation)

2026-02

52.219-33 Nonmanufacturer Rule. (Deviation) 2026-02

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

2026-02

52.222-35 Equal Opportunity for Veterans. (Deviation) 2026-02

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

2026-02

52.222-37 Employment Reports on Veterans.

(Deviation)

2026-02

52.222-40 Notification of Employee Rights Under the 2026-02

National Labor Relations Act. (Deviation)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation)

2026-02

52.222-50 Combating Trafficking in Persons.

(Deviation)

2026-02

52.222-54 Employment Eligibility Verification.

(Deviation)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation)

2026-02

52.224-3 Privacy Training. 2017-01

52.225-3 Buy American-Free Trade Agreements- Israeli Trade Act. (Deviation)

2026-02

52.225-5 Trade Agreements. 2023-11

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

2024-05

52.229-12 Tax on Certain Foreign Procurements. 2021-02

52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services.

2021-11

52.232-30 Installment Payments for Commercial Products and Commercial Services.

2021-11

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation) 2026-02

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

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

252.204-7022 Expediting Contract Closeout. 2021-05

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.219-7000 Advancing Small Business Growth. 2023-06

252.219-7003 Small Business Subcontracting Plan (DoD Contracts).

2019-12

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.227-7015 Technical Data-Commercial Products and Commercial Services.

2025-01

252.227-7037 Validation of Asserted Restrictions on Technical Data.

2025-01

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

FAR Clauses Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective Date

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

System for Award Management-Maintenance (Feb 2026) (Deviation)

(a) Definitions. As used in this clause-

Commercial and Government Entity code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as "CAGE code");

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as "NCAGE code").

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to -

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or

CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

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

(Deviation)

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Feb 2026) (Deviation)

(a) Definition. 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" in 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.

(b) The Government suspends or debars Contractors to protect the Government's interests.

Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

52.212-4 Terms and Conditions-Commercial Products and Commercial Services.

2026-02

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;

41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.219-6 Notice of Total Small Business Set-Aside.

Notice of Total Small Business Set-Aside (Feb 2026) (Deviation)

(a) Definition. Small business concern, as used in this clause-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, 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) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.219-14 Limitations on Subcontracting. (Deviation) 2026-02

Limitations on Subcontracting (Feb 2026) (Deviation)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5;

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.