Solicitation - W911SG25QA010.pdf
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- Attached to
- Charter Buses for Japanese Soldiers
- Solicitation number
- W911SG25QA010
About this file
This solicitation (W911SG25QA010) is for charter bus services supporting Japanese soldiers traveling to and from El Paso International Airport and Fort Bliss, Texas. The contract is set aside for Women-Owned Small Business (WOSB) concerns and will cover up to 100 charter bus trips annually, divided into two bus types: "Hawk" and "Patriot" buses. The base period runs from 01 May 2025 to 30 Apr 2026, with three optional one-year extension periods available, potentially extending the contract through 30 Apr 2029. The solicitation has a total estimated contract value of USD 19,000,000.00, with a North American Industry Classification System (NAICS) code of 485510 and a size standard of USD 19,000,000.00. Offerors must submit their quotations by 19 April 2025 at 1:00 PM MDT, with quotes to be emailed to the Contracting Specialist and Contracting Officer. The contract will be awarded on a firm-fixed-price basis, with technical ability to perform and lowest evaluated price serving as the primary evaluation criteria.
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Other files
| File | Type | Posted |
|---|---|---|
| Questions and Answers W911SG25QA010 Japanese Charter Buses.pdf | ||
| EXAMPLE BUS SCHEDULE.pdf | ||
| PERFORMANCE WORK STATEMENT.docx | DOCX document | |
| Wage Determination.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:
20 Mar 2025, 13:58 PM Central Daylight Time
Solicitation/Contract Form Continuation
Japanese Charter Buses
W911SG25QA010
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Product Service Description: CLIN 0001-hawk 50 bus trips base year
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Product Service Description: CLIN 0002-patriot 50 bus trips base year
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 1001-hawk 50 bus trips opt yr 1
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 1002-patriot 50 bus trips opt yr 1
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 2001-hawk 50 bus trips opt yr 2
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 2002-patriot 50 bus trips opt yr 2
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 3001-hawk 50 bus trips opt yr 3
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: CLIN 3002-patriot 50 bus trips opt yr 3
Product Service Code: V222 Pricing Arrangement: Firm Fixed Price
1 Job
Continuation of Description
Requirements Charter buses for Japanese Soldiers to and from El Paso airport and Fort Bliss area.
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Contact COR to specify date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Contact COR for date and time.
DoDAAC: W910BB CountryCode: USA
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Mr. Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Continuation of Deliveries or Performance
From 01 May 2025 to 30 Apr 2026
Line Item Delivery Schedule Quantity Address and POC
Delivery Period From 01 May 2025 to 30 Apr 2026
Period of Performance From 01 May 2025 To 30 Apr 2026
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Delivery Period From 01 May 2025 to 30 Apr 2026
Period of Performance From 01 May 2025 To 30 Apr 2026
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Delivery Period From 01 May 2026 to 30 Apr 2027
Period of Performance From 01 May 2026 To 30 Apr 2027
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Delivery Period From 01 May 2026 to 30 Apr 2027
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Option Line Item
Period of Performance From 01 May 2026 To 30 Apr 2027
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Delivery Period From 01 May 2027 to 30 Apr 2028
Period of Performance From 01 May 2027 To 30 Apr 2028
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Delivery Period From 01 May 2027 to 30 Apr 2028
Period of Performance From 01 May 2027 To 30 Apr 2028
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Option Line Item
Delivery Period From 01 May 2028 to 30 Apr 2029
Period of Performance From 01 May 2028 To 30 Apr 2029
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Delivery Period From 01 May 2028 to 30 Apr 2029
1 Job Service Performance Site DoDAAC: W910BB
W6CL MCGREGOR RANGE CONTROL
BLDG 2527 CHAFFEE RD, FORT BLISS TX 79916-6807
FORT BLISS, TX 79916-6807
UNITED STATES
Option Line Item
Period of Performance From 01 May 2028 To 30 Apr 2029
Reginald Cotton Email: reginald.e.cotton.civ@army.mil
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023
52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program.
Feb 2024
52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Nov 2021 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.203-3 Gratuities. Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 Alternate I Nov 2021 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7028 Exclusionary Policies and Practices of Foreign Governments. Apr 2003 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
DFARS Clauses Incorporated by Full Text
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. (Jun 2015)
As prescribed in 225.372-2, use the following clause:
ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)
(a) . " United States ," as used in this clause, means, the 50 States, the District of Columbia , and outlying areas. Definition
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is -
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.
(End of clause)
252.225-7027 Restriction on Contingent Fees for Foreign Military Sales. (Apr 2003)
As prescribed in 225.7307(a), use the following clause.
RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES
(APR 2003)
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to-
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of , contingent fees in any amount. ____
(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2in1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC W911SG
Admin DoDAAC W911SG
Inspect By DoDAAC W910BB
Service Approver (DoDAAC) W910BB
Service Acceptor (DoDAAC) W910BB
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request inPayment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.Receiving report.
(g) WAWF point of contact.
Contracting Officer Representative: Mr. Reginald Cotton: reginald.e.cotton.civ@army.mil
Contracting Officer point of contact: tamika.l.williams32.mil@army.mil
Contracting Specialist point of contact: keilani.m.maka.mil@army.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
W911SG25QA010
Mr. Reginald Cotton: reginald.e.cotton.civ@army.mil
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Jan 2025)
As prescribed in , insert the following clause: 12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (1) (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (2) (Dec (Section 1634 of Pub. L. 115-91).2023)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(3) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(5) (Mar 2023)
52.233-3, Protest After Award (31 U.S.C. 3553).(6) (Aug 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(7) (Oct 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this (b) contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).X (2) (Nov 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). X (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (Jun 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).X (7) (Oct 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
(11)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (Dec 2023)
Alternate I of 52.204-30.(ii) (Dec 2023)
(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, (16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).X (i) (Nov 2020)
Alternate I of 52.219-6.(ii) (Mar 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (Nov 2020)
Alternate I of 52.219-7.(ii) (Mar 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025
(21)
52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )Jan 2025
Alternate I of 52.219-9.(ii) (Nov 2016)
Alternate II of 52.219-9.(iii) (Nov 2016)
Alternate III of 52.219-9.(iv) (Jun 2020)
Alternate IV of 52.219-9.(v) ( )Jan 2025
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (Mar 2020)
Alternate I of 52.219-13.(ii) (Mar 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
(26)
52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) Postaward ( )Jan 2025
Alternate I of 52.219-28.(ii) (Mar 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (27) Oct 2022 (15 U.S.C. 637(m)).
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
52.222-21, Prohibition of Segregated Facilities .(33) (Apr 2015)
(34)
52.222-26, Equal Opportunity (E.O.11246).X (i) (Sep 2016)
Alternate I of 52.222-26.(ii) (Feb 1999)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (Jun 2020)
Alternate I of 52.222-35.(ii) (Jul 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (Jun 2020)
Alternate I of 52.222-36.(ii) (Jul 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
(39)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).X (i) (Nov 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(46) (May 2024)
(47)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (Jan 2017)
Alternate I of 52.224-3.(ii) (Jan 2017)
(48)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (Oct 2022)
Alternate I of 52.225-1.(ii) (Oct 2022)
(49)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (Jan 2025)
Alternate III of 52.225-3.(iv) (Feb 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (May 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)
(65)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (Nov 2021)
Alternate I of 52.247-64.(ii) (Apr 2003)
Alternate II of 52.247-64.(iii) (Nov 2021)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).X (1) (Aug 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) X (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.X (4) C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .X (7) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded (d) Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to (1) examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or (2) reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of (3) form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any (1) FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (Nov 2021)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(ii) (Nov 2023)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, (iii) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (iv) (Dec (Section 1634 of Pub. L. 115-91).2023)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(v) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(vi) (Jun 2023)
(vii)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (Dec 2023)
Alternate I of 52.204-30.(B) (Dec 2023)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting (viii) ( )Jan 2025 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-21, Prohibition of Segregated Facilities .(ix) (Apr 2015)
52.222-26, Equal Opportunity (E.O.11246).(x) (Sep 2016)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(xi) (Jun 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(xii) (Jun 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(xiii) (Jun 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (xiv) (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xv) (Aug 2018)
(xvi)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (Nov 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (Mar 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (xvii) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xviii) (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xx) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xxi) (Jan 2022)
(xxii)
52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (Jan 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (xxiii) (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (xxiv) (Jun 2020) paragraph (e) of FAR clause 52.226-6.
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down (xxv) required in accordance with paragraph (c) of 52.232-40.
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (xxvi) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (xxvii) (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of (2) additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Addendum to Contract Clauses
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.223-10 Waste Reduction Program. May 2024 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.222-3 Convict Labor. Jun 2003 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Jan 2023
252.201-7000 Contracting Officer's Representative. Dec 1991 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023
FAR Clauses Incorporated by Full Text
52.217-8 Option to Extend Services. (Nov 1999)
As prescribed in , insert a clause substantially the same as the following:17.208(f)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract completion.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the (a) 15 days Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the 60 Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed (c) 60 months (5 years).
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following clause:52.107(b)
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.237-7023 Continuation of Essential Contractor Services. (Oct 2010)
As prescribed in 237.7603(a), use the following clause:
CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)
(a . As used in this clause- ) Definitions
(1) "Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.
(2) "Mission-essential functions" means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.
(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in attachment , Mission-Essential Contractor Services, dated .____ ____
(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.
(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.
(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.
(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.
(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.
(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.
(f) . The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis Changes situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.
(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.
(End of clause)
List of Contract Documents, Exhibits, or Attachments
Identifier Attachment Name
Attachment Description Reference Identifier
Date Line Item
# Of Pages
Provided Under Separate Cover
PERFORMANCE
WORK
STATEMENT
bus QAS 20250219
Performance Work Statement 21 Feb
15 No
Wage Determination
Wage Determination 19 Mar
11 No
Solicitation Provisions
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-16 Commercial and Government Entity Code Reporting. Aug 2020
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-7 System for Award Management. Nov 2024 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services
General Instructions:
Quote Submitted: This is a Request for Quote (RFQ) competed IAW FAR PART 13,Simplified Procedures for Certain Commercial Items; FAR PART 12, Commercial Items.
All offerors shall submit their quotations using the requested contract line item (CLIN)structure to the email address stated herein by the date and time specified herein. The offer shall include the name, address, and telephone number, unit price, an overall total price, description of service being offered insufficient detail to evaluate compliance with the requirements in the solicitation and the PWS, any discount terms, cage code, Unique Identity ID(UEID), size of business, taxpayer ID number, and acknowledgement of solicitation amendments. Quotations must be received no later than the solicitation closing date and time listed on the solicitation. The Offeror is responsible for verifying that their quotation package was received before the solicitation closing date and time. Only e-mail submissions will be accepted. Quotes shall be valid for a minimum of 60 calendar days. The Closing Date and time for this Solicitation is 19 April 2025, at 13:00 pm MDT. The Offeror shall submit electronic copies of their quotation package via email with the subject line W911SG-25-Q-A010, to the following points of contacts: Contracting Specialist: SSG Keilani Maka: keilani.m.maka.
mil@army.mil; and Contracting Officer: MSG Tamika Williams at: tamika.l.williams32.mil@army.mil. Quotation received after this date and time will be considerate late in accordance with FAR 52.212-1(f) and will be not evaluated.
Offerors should mark each page of their quote as "Proprietary Information" if they want it treated as Proprietary Information under the Procurement Integrity Act.
The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
Request for Information (RFI): The Contractor shall submit all questions and concerns inwriting via email. Questions shall be emailed to keilani.m.
maka.mil@army.mil; and tamika.l.williams32.mil@army.mil no later than 4 April 2025, at 10:00 am MDT. The body of the email shall be numbered per question and contain questions in a clear and concise manner with specific…
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