Solicitation - W9124926RA017.pdf
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- Solicitation number
- W9124926RA017
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This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the U.S. Army for instructional support services.
The contract, solicitation number W9124926RA017, is designated for women-owned small businesses (WOSB) and was issued on 28 April 2026 with an offer due date of 28 May 2026 at 02:00 PM. The service performance site is located at Fort Eisenhower, Georgia (DoDAAC: W58MUV), with a base period of performance from 06 July 2026 through 05 July 2027. The contract includes three option years extending through 05 July 2029. Four line items comprise the base contract: (0001) C30-ACOP Labor CLIN for instructional support services under a Performance Work Statement (firm fixed price); (0002) Service Contract Reporting per PWS requirements (firm fixed price); (0003) Travel with a not-to-exceed amount of $7,829.25 (firm fixed price); and (0004) Surge support providing Mobile Training Team capability at other locations with a not-to-exceed of $45,094.00. Identical line items are structured for each of the three option years (Option Year 1: 2027–2028; Option Year 2: 2028–2029) with progressively adjusted travel not-to-exceed amounts ($7,985.84 and $8,145.55 respectively) and surge amounts ($45,995.88 and $46,915.80). The NAICS code is 611430 (Educational Support Services), and all work is to be performed on a non-personal services basis. The contract incorporates numerous FAR and DFARS clauses by reference and full text, including those addressing small business utilization, whistleblower protections, employment compliance, tax requirements, and payment processing via the Wide Area Workflow system. Payment will be made via electronic funds transfer to DoDAAC HQ0490, with invoicing submitted through WAWF using document types appropriate to the fixed-price nature of the line items.
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Other files
| File | Type | Posted |
|---|---|---|
| ATTACHMENT 7- PWS Revised.pdf | ||
| Addendum 52.212-1 (Revised).pdf | ||
| Solicitation Amendment W9124926RA0170001 SF 30.pdf | ||
| Final Consolidated Vendors QAs.pdf | ||
| ATTACHMENT 1 - CONSENT FORM FOR THE RELEASE OF PAST.docx | DOCX document | |
| Addendum 52.212-2.pdf | ||
| Addendum 52.212-1.pdf | ||
| ATTACHMENT 7- PWS.pdf | ||
| ATTACHMENT 6 - DD254.pdf | ||
| ATTACHMENT 5 - EMPLOYEE TOTAL COMPENSATION PLAN SAMPLE.xlsx | XLSX spreadsheet | |
| ATTACHMENT 3 - PAST PERFORMANCE QUESTIONNAIRE.docx | DOCX document | |
| ATTACHMENT 8 - TE 4 Staffing Matrix Sample.xlsx | XLSX spreadsheet | |
| ATTACHMENT 4 - PRICING WORKSHEET.xlsx | XLSX spreadsheet | |
| ATTACHMENT 2 - SPECIFIC RELEVANT CONTRACT REFERENCE SHEETS.docx | DOCX document |
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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)
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Product Service Description: C30-ACOP Labor CLIN The contractor shall provide all necessary management, supervision and other labor required to successfully perform Instructional Support Services in accordance with the Performance Work Statement (PWS). Pricing Arrangement:
Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
0002 Service Contract Reporting (SCR) In accordance with PWS paragraph 5.6, the report will include labor hours or rates, but is not limited to, composite direct/indirect /relevant/or average labor hours and the value of those hours plus compensation related to labor costs. Reporting inputs will be for labor executed during the contract period of performance during each Government Fiscal Year (FY), which runs from October 1 through September 30.
While inputs may be reported any time during the FY, all data shall be reported no later than October 31st of each calendar year. Product Service Code:
U008 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
0003 Travel - Includes all Travel approved in advance by the Contracting Officer Representative. Approved Travel costs shall be reimbursed in accordance with
1 Job
W9124926RA017
the Joint Travel Regulations, FAR 31.205- 46 and shall be a Not-to-Exceed Amount of $7,829.25. Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
0004 SURGE The contractor shall provide an MTT capability to train units as directed by the Government in the (AOC-P) functional course at other locations than Ft. Gordon, GA. A "Surge" requirement is an unforeseen need for specific additional support services for an AOCP functional course training event. The Contracting Officer or COR will approve all MTT requirements before services begin. The Contractor shall not perform Surge Support services without the Contracting Officer or COR's prior notification, written approval, and adequate task order funding. The Government will provide 30 days' notice to the contractor for any Surge requirement. NTE $45,094.00 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Product Service Description: C30-ACOP Labor CLIN (OY1) The contractor shall provide all necessary management, supervision and other labor required to successfully perform Instructional Support Services in accordance with the Performance Work Statement (PWS).
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Option Line
Service Contract Reporting (SCR) In accordance with PWS paragraph 5.6, the
1 Job
Item report will include labor hours or rates, but is not limited to, composite direct/indirect /relevant/or average labor hours and the value of those hours plus compensation related to labor costs. Reporting inputs will be for labor executed during the contract period of performance during each Government Fiscal Year (FY), which runs from October 1 through September 30.
While inputs may be reported any time during the FY, all data shall be reported no later than October 31st of each calendar year. Product Service Code:
U008 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
Option Line Item
Travel - Includes all Travel approved in advance by the Contracting Officer Representative. Approved Travel costs shall be reimbursed in accordance with the Joint Travel Regulations, FAR 31.205- 46 and shall be a Not-to-Exceed Amount of $7,985.84. Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
SURGE The contractor shall provide an MTT capability to train units as directed by the Government in the (AOC-P) functional course at other locations than Ft. Gordon, GA. A "Surge" requirement is an unforeseen need for specific additional support services for an AOCP functional course training event. The Contracting Officer or COR will approve all MTT requirements before services begin. The Contractor shall not perform Surge Support services without the Contracting
1 Job
Officer or COR's prior notification, written approval, and adequate task order funding. The Government will provide 30 days' notice to the contractor for any Surge requirement. NTE $45,995.88 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
Option Line Item
Product Service Description: C30-ACOP Labor CLIN (OY2) The contractor shall provide all necessary management, supervision and other labor required to successfully perform Instructional Support Services in accordance with the Performance Work Statement (PWS).
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Service Contract Reporting (SCR) In accordance with PWS paragraph 5.6, the report will include labor hours or rates, but is not limited to, composite direct/indirect /relevant/or average labor hours and the value of those hours plus compensation related to labor costs. Reporting inputs will be for labor executed during the contract period of performance during each Government Fiscal Year (FY), which runs from October 1 through September 30.
While inputs may be reported any time during the FY, all data shall be reported no later than October 31st of each calendar year. Product Service Code:
U008 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Option 1 Job
Line Item
Travel - Includes all Travel approved in advance by the Contracting Officer Representative. Approved Travel costs shall be reimbursed in accordance with the Joint Travel Regulations, FAR 31.205- 46 and shall be a Not-to-Exceed Amount of $8,145.55. Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
Option Line Item
SURGE The contractor shall provide an MTT capability to train units as directed by the Government in the (AOC-P) functional course at other locations than Ft. Gordon, GA. A "Surge" requirement is an unforeseen need for specificadditional support services for an AOCP functional course training event. The Contracting Officer or COR will approve all MTT requirements before services begin. The Contractor shall not perform Surge Support services without the Contracting Officer or COR's prior notification, written approval, and adequate task order funding. The Government will provide 30 days' notice to the contractor for any Surge requirement. NTE $46,915.80 Pricing Arrangement: Firm Fixed Price Pricing Arrangement: Firm Fixed Price
1 Job
Continuation of Description
Requirements This is a non-personal services contract to provide Instructional Support for the U.S. Army
Product Service Code : U008 North American Industry Classification System (NAICS) : 611430
Product Service Code : U008
Product Service Code : U008
Product Service Code : U008
Continuation of Deliveries or Performance
0001 1 JobQuantity
Address and POC Service Performance Site DoDAAC: W58MUV
Period of Performance From 06 Jul 2026 To 05 Jul 2027
0002 1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2026 To 05 Jul 2027
0003 1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2026 To 05 Jul 2027
0004 1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2026 To 05 Jul 2027
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2027 To 05 Jul 2028
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2027 To 05 Jul 2028
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2027 To 05 Jul 2028
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2027 To 05 Jul 2028
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2028 To 05 Jul 2029
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2028 To 05 Jul 2029
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2028 To 05 Jul 2029
Option Line Item
1 JobQuantity
Address and POC
Period of Performance From 06 Jul 2028 To 05 Jul 2029
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
52.203-6 Restrictions on Subcontractor Sales to the Government.
(Alternate I)
2020-06 Alternate I 2021-11
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
(Deviation 2026-O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and
2026-02
Commercial Services. (Deviation 2026-O0038)
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)
2026-02
52.219-16 Liquidated Damages- Subcontracting Plan. (Deviation 2026-O0038)
2026-02
52.222-35 Equal Opportunity for Veterans.
(Deviation 2026-O0038)
2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)
2026-02
52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)
2026-02
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)
2026-02
52.224-3 Privacy Training. 2017-01
52.224-3 Privacy Training. (Alternate I) 2017-01 Alternate I 2017-01
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While
2024-05
Driving.
52.229-12 Tax on Certain Foreign Procurements.
2021-02
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-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7004 Antiterrorism Awareness Training for Contractors.
2023-01
252.204-7012 Safeguarding Covered Defense 2024-05
Information and Cyber Incident Reporting.
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.205-7000 Provision of Information to Cooperative Agreement Holders.
2024-10
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
2003-04
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2023-01
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7010 Levies on Contract Payments. 2006-12
252.243-7002 Requests for Equitable Adjustment.
2022-12
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026-O0038)
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.
[ ] Offeror chooses to waive the evaluation preference.
(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the
HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of provision)
DFARS Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.232-7006 Wide Area WorkFlow Payment Instructions.
2023-01
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 Electronic invoicing.
vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) 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 WAWF training.
Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web WAWF methods of document submission.
entry, Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(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.
(3) The Contractor shall use the information in the Routing Data Document routing.
Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
HQ0490
Issue By DoDAAC W91249
Admin DoDAAC W91249
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
TBD
Service Acceptor (DoDAAC)
TBD
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) The Contractor shall ensure a payment request includes Payment request.
documentation appropriate to the type of payment request in 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 Receiving report.
requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TBD
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
2025-03 Deviation 2025- O0004
2025-03
Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 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:
[Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509)).
[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C.
6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.
657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.
C. 657a).
[ ] (17) [Reserved]
[ ] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)(15 U.S.C. 637(d)(2) and (3)).
[X] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Jan 2025) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[X] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F) (i)).
[ ] (25) 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) (15 U.S.C. 657f).
[ ] (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632 (a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.
C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
[ ] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025)(E.O.
13126).
[ ] (33) [Reserved]
[ ] (34) [Reserved]
[ ] (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[ ] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(i) 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 applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1.
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 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.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Jan 2025) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)
(13)).
[ ] (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.
S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has 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:
[Contracting Officer check as appropriate.]
[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.
S.C. 1792).
[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded 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.
(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 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.
(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 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)
(1) 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 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-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting 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.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.
S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 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 required in accordance with paragraph (c) of
52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
Addendum to Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-9 Personal Identity Verification of Contractor Personnel.
2011-01
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038)
2026-02
52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate II)
2026-02 Alternate
II
2026-02
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.240-93 Basic Safeguarding of Covered Contractor Information Systems.
(Deviation 2026-O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.217-8 Option to Extend Services. 1999-11
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.
(End of clause)
52.217-9 Option to Extend the Term of the Contract.
2000-03
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 (a) within days provided that the Government gives the Contractor a preliminary written notice of 30 its intent to extend at least days before the contract expires. The preliminary notice does not 60 commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to (b) include this option clause.
The total duration of this contract, including the exercise of any options under this clause, (c) shall not exceed months.42
Solicitation Provisions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026-
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
Addendum to Solicitation Provisions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) Definitions. As used in this provision-
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It [ ] is [ ] is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction.
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