Solicitation - W9124C25RA002.pdf
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- Solicitation number
- W9124C25RA002
About this file
This is a solicitation (W9124C25RA002) for a non-personal services contract to provide the academic portion of a Doctor of Ministry degree for Army Clinical Pastoral Education (CPE) Resident Course students. The procurement is unrestricted and will be awarded as a Firm Fixed-Price (FFP) single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with a base year and four option years from 14 July 2025 through 13 July 2030.
The contract requires a fully accredited seminary or school of theology recognized by the Department of Education and the Association of Theological Schools. The solicitation includes specific line items for course sessions and dissertation work for multiple class cohorts, with 25 students per class each semester. Evaluation will be based on a Lowest Price Technically Acceptable (LPTA) methodology, with technical capability and past performance as key factors. Interested offerors must submit proposals by 10:00 AM on 20 June 2025, with quotes valid for 60 days after solicitation expiration. The primary NAICS code is 611310 (Colleges, Universities, and Professional Schools) with a size standard of $34.5M.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Solicitation/Contract Form Continuation
IRL Doctor of Ministry
W9124C25RA002
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
Course Session - First Semester - Class 25-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Course Session - Second Semester - Class 25-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Dissertation 1st Year - Class 24-01;
Covered on Cooperative Agreement
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session -First Semester - Class 26-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session -Second Semester - Class 26-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Dissertation 1st Year - Class 25-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - First Semester - Class 27-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - Second Semester - Class 27-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Dissertation 1st Year - Class 26-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - First Semester - Class 28-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - Second Semester - Class 28-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Dissertation 1st Year - Class 27-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - First Semester - Class 29-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Course Session - Second Semester - Class 29-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Option Line Item
Dissertation 1st Year - Class 28-01
Product Service Code: U008 Pricing Arrangement: Firm Fixed Price
25 Each
Continuation of Description
Requirements This is a non-personal services contract to provide the academic portion of a degree for a Doctor of Ministry for the Army Clinical Pastoral Education (CPE) Resident Course.
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Inspection and Acceptance Location
1002 Both
Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Inspection and Acceptance Location
4002 Both
Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Refer to PWS
DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Continuation of Deliveries or Performance
From 09 Jul 2025 to 08 Jul 2026
Line Item Delivery Schedule Estimated Quantity
Address and POC
Period of Performance From 09 Jul 2025 To 08 Jul 2026
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Period of Performance From 09 Jul 2025 To 08 Jul 2026
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Period of Performance From 09 Jul 2025 To 08 Jul 2026
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Period of Performance From 09 Jul 2026 To 08 Jul 2027
Option Line Item
Period of Performance From 09 Jul 2026 To 08 Jul 2027
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2026 To 08 Jul 2027
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2027 To 08 Jul 2028
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2027 To
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
08 Jul 2028
Period of Performance From 09 Jul 2027 To 08 Jul 2028
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2028 To 08 Jul 2029
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2028 To 08 Jul 2029
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2028 To 08 Jul 2029
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Period of Performance From 09 Jul 2029 To 08 Jul 2030
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2029 To 08 Jul 2030
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Option Line Item
Period of Performance From 09 Jul 2029 To 08 Jul 2030
25 Each Place of Performance DoDAAC: W81L64 CountryCode: USA
W1EU USA CHAPLAIN SCH
BLDG 10100 LIBERTY DIVISION AVE, FORT JACKSON
COLUMBIA, SC 29207-7000
UNITED STATES
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.247-7023 Transportation of Supplies by Sea. Oct 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 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
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
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC W9124C
Admin DoDAAC W9124C
Inspect By DoDAAC W81L64
Ship To Code W81L64
Ship From Code TBD
Mark For Code N/A
Service Approver (DoDAAC) W81L64
Service Acceptor (DoDAAC) W81L64
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
TBD
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TBD
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
(Jan 2025) Deviation 2025-O0004 (Mar 2025)
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.]
[X] (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).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (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.)
[ ] (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).
[X] (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.
[X] (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).
[X] (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).
[X] (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)).
[ ] (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.
[ ] (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]
[X] (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.
[X] (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.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (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.).
[X] (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).
[X] (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).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[X] (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).
[X] (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).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[X] (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.
(End of clause)
Addendum to Contract Clauses
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.223-10 Waste Reduction Program. May 2024 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.242-13 Bankruptcy. Jul 1995 52.242-15 Stop-Work Order. Aug 1989 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
Nov 2024
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7000 Disclosure of Information. Oct 2016 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.201-7000 Contracting Officer's Representative. Dec 1991
FAR Clauses Incorporated by Full Text
52.232-1 Payments. (Apr 1984)
Payments (Apr 1984)
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-
(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
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):
https://www.acquisition.gov/
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
Authorized Deviations in Clauses (Nov 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated (a) by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of (b) DFARS (48 CFR Chapter 2) "(DEVIATION)" after the name of the regulation.
(End of clause)
52.212-2 Evaluation-Commercial Products and Commercial Services. (Nov 2021)
Evaluation-Commercial Products and Commercial Services (Nov 2021)
(a) The Government will utilize a Lowest Price Technically Acceptable (LPTA) evaluation method for this requirement. The Government will award a single contract to the offeror whose proposal is technically acceptable, the lowest price, is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), Part 12 Acquisition of Commercial Items, in conjunction with FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, and FAR 19, Small Business Program, as supplemented, by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS), and whose offer conforms to the solicitation's requirements (to include all stated terms, conditions, and all other information required by the solicitation). Offers that fail to address all the requirements set forth in the Solicitation will be rejected. The Government intends to evaluate proposals and award a contract without discussions. Therefore, the Offeror's submission should contain their best terms from a cost and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to reject an offer upon initial submission and not consider it for contract award if any required data is absent or the data received conveys a misunderstanding of the requirement.
BASIS FOR AWARD:
The Government will evaluate the contractor's technical proposal to ensure that it reflects a sound understanding of this requirement and complies with the requirements in the solicitation. An evaluation will be made to verify that the offeror is capable of providing the required services at a fair market price. Award will be made based on lowest priced technically acceptable (LPTA) offeror. A determination of a fair and reasonable price will be conducted. The Federal Acquisition Regulation (FAR), as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Army Federal Acquisition Regulation Supplement (AFARS) will be used to evaluate the offer and award this requirement.
EVALUATION CRITERIA. Evaluation criteria consist of factors and elements.
The following factors and subfactors shall be used to evaluate offers:
Factor 1: Technical Capability. The Technical Capability Factor evaluation provides an assessment of the offeror's capability to satisfy the Government's minimum requirements. The Government will evaluate the contractor's technical proposal to ensure that it reflects a sound understanding of this requirement. Failure to meet the criteria will render the proposal technically unacceptable and the proposal will not receive further consideration for award.
The Contractor shall be a fully accredited seminary or school of theology recognized by the Department of Education and the Association of Theological Schools.
Adequacy of Response. The proposal will be evaluated to determine whether the offeror's methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the RFP. The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the RFP.
Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the extent to which successful performance is contingent upon proven devices and techniques. The proposal will be evaluated to determine the extent to which the offeror is expected to be able to successfully complete the proposed tasks and technical requirements within the required schedule.
Subfactor 1 - Management Approach. The Government will evaluate responders' proposed methodology for staffing planning, organizing, directing, and controlling its staff in performance of the tasks identified in the PWS and associated attachments. The document will be evaluated based on the soundness of the approach, the feasibility of the approach, and the comprehensiveness of the document. An assessment of the proposed professional experience, managing, coordinating, and controlling the execution and communications will be evaluated on likelihood of success.
Subfactor 2 - Staffing Approach. The Government will evaluate how the offeror identified personnel/ labor categories (positions essential for contract performance) deemed necessary to satisfy the requirement of the PWS. The Government will evaluate how proposed personnel fit into the overall organization and how they describe the proposed responsibilities for each position. The Government will evaluate how the offeror is going to ensure that all the requirements of the contract/PWS will be met during vacancies in the offeror's staff due to resignations, leave, etc.
The Technical Factor will receive one of the adjectival ratings defined below:
RATING DEFINITION
ACCEPTABLE Proposal meets the minimum requirements of the solicitation.
UNACCEPTABLE Proposal does not clearly meet the minimum requirements of the solicitation.
Factor 2: Price. The resulting award will be a Unreasonably high, unbalanced, inaccurate or incomplete price proposals Firm Fixed Price contract.
may be the grounds for eliminating a proposal from competition.
The Price Submission will not be scored or rated. The techniques and procedures described under FAR Part 13.106-3(a) will be the primary means of assessing price for commercial items to determine price reasonableness. To be viable for award, an Offeror's price must be determined fair and reasonable. The Offeror's total proposed price will be utilized to evaluate if the proposal represents a fair and reasonable price. The total evaluated price includes the price of the base period, and all option periods (to include the option to extend services in accordance with FAR 52.217-8).
Total Evaluated Price (TEP): The TEP to be used for the determination of price reasonableness will be calculated as follows: The sum of all CLIN's, the base period, first option period, second option period, third option period and 1/2 of the third option period price as an evaluation of potential pricing under FAR Clause 52.217-8.
Offerors are not required to enter a price for the 52.217-8 six month period.
Unbalanced Pricing: Unbalanced pricing will be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices.
Price includes: tuition/CPE units, term fees, books, swag gift and associated overhead
Factor 3: Past Performance. Past Performance: Each offeror's past performance will be reviewed to determine relevancy and provide a confidence assessment. This includes review of contractor provided past performance information regarding similar contracts and the Government review of Contractor Performance Assessment Reporting System (CPARS) reports.
The past performance evaluation will assess the offeror's probability of meeting the solicitation's requirements as indicated by that offeror's record of past performance. Past Performance is assessed at the factor level after evaluating aspects of the offeror's recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Offerors are cautioned that in conducting the performance risk assessment, the Government may use data provided in the offeror's proposal and data obtained from other sources, such as the Contractor Performance Assessment Reporting System (CPARS) or similar systems.
Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined
Past Performance Evaluation Ratings
Rating Description
Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.
Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
Neutral In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. In the context of acceptability /unacceptability, a "neutral" rating shall be considered "acceptable.
Technical and past performance, when combined, are equal.
(b) . The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic Options requirement.
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