Solicitation - W9124G25RA005.pdf
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- Attached to
- USAWOCC Institution Contract Instructors
- Solicitation number
- W9124G_USAWOCC_ICI
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) for USAWOCC Institution Contract Instructors (Solicitation Number W9124G25RA005). The contract is a Women-Owned Small Business (WOSB) set-aside with a North American Industry Classification System (NAICS) code of 611519 and a size standard of $21 million. The base period is 12 months from 20 September 2025 to 19 September 2026, with four additional one-year option periods available, structured as a non-personal services contract for the U.S. Army Warrant Officer Career College.
The solicitation requires contractors to provide instructional services for USAWOCC students, including leadership, international strategic studies, joint and multinational operations, history, and communications management systems. The contract includes firm-fixed pricing and is divided into line items for base year services and contractor manpower reporting, with corresponding option year line items. Contractors will be responsible for delivering instruction, maintaining instructional relevance, and submitting required manpower reports through the System for Award Management (SAM). The contract will be administered by the Mission and Installation Contracting Command at Fort Novosel, Alabama, with a total potential value of $21 million over the five-year period.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| WOCC ICI Technical Exhibit 1_2_3.pdf | ||
| W9124G25-R-A005 Amendment 0001.pdf | ||
| Past Performance Questionnaire.docx | DOCX document | |
| WOCC ICI Evaluation Criteria Amendment.pdf | ||
| WOCC ICI QA_11July2025.xlsx | XLSX spreadsheet | |
| WOCC ICI Instructions to Offerors Amendment.pdf | ||
| WOCC ICI Evaluation Criteria.pdf | ||
| WOCC ICI Past Performance Questionnaire.pdf | ||
| WOCC ICI Instructions to Offerors.pdf | ||
| Updated PWS APR 25.pdf | ||
| WOCC ICI Pricing Schedule.xlsx | XLSX spreadsheet |
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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)
Solicitation/Contract Form Continuation
USAWOCC Institution Contract Instructors
W9124G25RA005
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Contractors for Instructing students Non-personal services. U.S. Army Warrant Officer Career College (USAWOCC). Contractor shall provide all labor and services required to successfully perform per the Performance Work Statement (PWS).
This CLIN is to account for Services for the Base Year.
Contractor shall provide all labor, services, materials, equipment, and all other items required to successfully perform all requirements IAW the Performance Work Statement (PWS).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
12 Months
Contractors for Instructing students Contractor Manpower Reporting.
Contractor shall provide a report as described in the PWS. Pricing not expressly stated.
This CLIN is to account for Contractor Manpower Reporting. Contractor must follow rules associated with reporting IAW the PWS. Please refer to FAR Clause 52.204-14, Service Contract Reporting Requirements. Please note that contractors will no longer report into the Enterprise-wide Contractor Reporting Application (eCMRA). Contractors will report manpower data into the System for Award Management (www.sam.gov).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
1 Unit
Option Line Item
Option Year I Non-personal services. U.S. Army Warrant Officer Career College (USAWOCC). Contractor shall provide all labor and services required to successfully perform per the Performance Work Statement
(PWS).
This CLIN is to account for Services for Option Year One.
Contractor shall provide all labor, services, materials, equipment, and all other items required to successfully perform all requirements IAW the Performance Work Statement (PWS).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option Year I Contractor Manpower Reporting. Contractor shall provide a report as described in the PWS.
Pricing not expressly stated.
This CLIN is to account for Contractor Manpower Reporting for the Option Year One. Contractor must follow rules associated with reporting IAW the PWS. Please refer to FAR Clause 52.204-14, Service Contract Reporting Requirements. Please note that contractors will no longer report into the Enterprise-wide Contractor Reporting Application (eCMRA). Contractors will report manpower data into the System for Award Management (www.sam.gov).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
1 Unit
Option Line Item
Option Year II Non-personal services. U.S. Army Warrant Officer Career College (USAWOCC). Contractor shall provide all labor and services required to successfully perform per the Performance Work Statement
(PWS)
This CLIN is to account for Services for Option Year Two.
Contractor shall provide all labor, services, materials, equipment, and all other items required to successfully perform all requirements IAW the Performance Work Statement (PWS).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option Year II Contractor Manpower Reporting. Contractor shall provide a report as described in the PWS.
Pricing not expressly stated.
This CLIN is to account for Contractor Manpower Reporting for the Option Year Two. Contractor must follow rules associated with reporting IAW the PWS. Please refer to FAR Clause 52.204-14, Service Contract Reporting Requirements. Please note that contractors will no longer report into the Enterprise-wide Contractor Reporting Application (eCMRA). Contractors will report manpower data into the System for Award Management (www.sam.gov).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
1 Unit
Option Year III Non-personal services. U.S. Army Warrant Officer Career College (USAWOCC). Contractor shall provide all labor and services required to successfully perform per the Performance Work Statement
(PWS).
This CLIN is to account for Services for Option Year Three.
Contractor shall provide all labor, services, materials, equipment, and all other items required to successfully perform all requirements IAW the Performance Work Statement (PWS).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option Year III Contractor Manpower Reporting. Contractor shall provide a report as described in the PWS.
Pricing not expressly stated.
This CLIN is to account for Contractor Manpower Reporting for the Option Year Three. Contractor must follow rules associated with reporting IAW the PWS. Please refer to FAR Clause 52.204-14, Service Contract Reporting Requirements. Please note that contractors will no longer report into the Enterprise-wide Contractor Reporting Application (eCMRA). Contractors will report manpower data into the System for Award Management (www.sam.gov).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
1 Unit
Option Line Item
Option Year IV Non-personal services. U.S. Army Warrant Officer Career College (USAWOCC). Contractor shall provide all labor and services required to successfully perform per the Performance Work Statement
(PWS).
This CLIN is to account for Services for Option Year Four.
Contractor shall provide all labor, services, materials, equipment, and all other items required to successfully perform all requirements IAW the Performance Work Statement (PWS).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
12 Months
Option Year IV Contractor Manpower Reporting. Contractor shall provide a report as described in the PWS.
Pricing not expressly stated.
This CLIN is to account for Contractor Manpower Reporting for the Option
Year Four. Contractor must follow rules associated with reporting IAW the PWS. Please refer to FAR Clause 52.204-14, Service Contract Reporting Requirements. Please note that contractors will no longer report into the Enterprise-wide Contractor Reporting Application (eCMRA). Contractors will report manpower data into the System for Award Management (www.sam.gov).
Product Service Code: U099 Pricing Arrangement: Firm Fixed Price
1 Unit
Continuation of Description
List of Contract Documents, Exhibits, or Attachments
Requirements List of Contract Documents, Exhibits, or Attachments
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero
Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear inspection and acceptance instructions. Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364.
DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM 380
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Continuation of Deliveries or Performance
"Prior to Delivery, contact the COR, CW4 Michael Montenero, for clear delivery instructions, inspection instructions, and acceptance instructions.
Michael Montenero, michael.r.montenaro.mil@army.mil,334-255-3364. The Contractor is required to follow the PWS requirements for deliverables, as well as follow the Period of Performance for each CLIN."
From 20 Sep 2025 to 19 Sep 2026
Party to Pay Transportation Cost: Contractor
Point Type: Destination
Line Item Delivery Schedule Quantity Address and POC
Period of Performance From 20 Sep 2025 To 19 Sep 2026
Months
Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Period of Performance From 20 Sep 2025 To 19 Sep 2026
1 Unit Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Months
Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
Period of Performance From 20 Sep 2026 To 19 Sep 2027
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Period of Performance From 20 Sep 2026 To 19 Sep 2027
1 Unit Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Period of Performance From 20 Sep 2027 To 19 Sep 2028
Months
Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Period of Performance From
1 Unit Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
20 Sep 2027 To 19 Sep 2028
Option Line Item
Period of Performance From 20 Sep 2028 To 19 Sep 2029
Months
Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Period of Performance From 20 Sep 2028 To 19 Sep 2029
1 Unit Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Option Line Item
Period of Performance From 20 Sep 2029 To 19 Sep 2030
Months
Place of Performance DoDAAC: W9124G CountryCode: USA
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
1 Unit Place of Performance DoDAAC: W9124G CountryCode: USA
Period of Performance From 20 Sep 2029 To 19 Sep 2030
W6QM MICC-FT NOVOSEL
KO DIRECTORATE OF CONTRACTIN, BLDG 5700 NOVOSEL ST RM
FORT NOVOSEL, AL 36362-5000
UNITED STATES
Michael Montenero Email: michael.r.montenaro.mil@army.mil Telephone: 334-255-3364
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024 252.246-7003 Notification of Potential Safety Issues. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022
FAR Clauses Incorporated by Full Text
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)
LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are--
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are--
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);
or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:
(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service.
Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.
(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--
[Contracting Officer check as appropriate.]
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W9124G Admin DoDAAC W9124G Inspect By DoDAAC W90JE3 Ship To Code W90JE3 Ship From Code ____ Mark For Code N/A Service Approver (DoDAAC) W90JE3 Service Acceptor (DoDAAC) W90JE3 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) Payment request. The Contractor shall ensure a payment request includes 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) Receiving report. The Contractor shall ensure a receiving report meets the 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.
Michael Montenero, michael.r.montenaro.mil@army.mil, 334-255-3364
(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.
(Jan 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
(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].
[X] (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).
[X] (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).
[X] (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).
[ ] (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]
[X] (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.
[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
[X] (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).
[X] (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)).
[X] (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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[ ] (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[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).
[X] (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 (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.
7671l).
[X] (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.
[X] (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).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[X] (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).
[ ] (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).
[X] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[X] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[X] (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.).
[X] (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.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(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…
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