Solicitation - W912PB26QA058.pdf
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- Attached to
- Maintenance and Repair Services for Car Wash Plants at USAG Bavaria, Grafenwoehr-Hohenfels-Vilseck
- Solicitation number
- W912PB26QA058
About this file
This is a solicitation for commercial maintenance and repair services for car wash facilities at three U.S. Army installations in Bavaria, Germany. The solicitation number is W912PB26QA058, issued May 28, 2026, with proposals due June 30, 2026 at 10:00 AM Central European Time. The contracting officer is Jasmina Kendrick, reachable at jasmina.kendrick.ln@army.mil or +49 9641-70-526-8766.
The contract covers maintenance and repair services for car wash facilities and water recovery plants at Training Area Grafenwoehr, Grafenwoehr Army Airfield (TB Grafenwoehr), Storehouse Vilseck (RB Vilseck), and Hohenfels Training Area, with a performance period from August 1, 2026 through May 31, 2029, consisting of a base year plus two option years. Line items include routine maintenance (Firm Fixed Price), repair work (Labor Hour at 40 hours estimated), materials and spare parts (Time and Materials with estimated amounts ranging from $7,000–$8,599.38), and arrival/travel costs for on-call services (Firm Fixed Price). The solicitation is set aside for Women-Owned Small Businesses (WOSB). Offerors must provide ISO 9001 certification, specify subcontracting plans with letters of intent, and meet Supplier Performance Risk System (SPRS) requirements (acceptable ratings: Green, Purple, Blue, or Black). Proposals must be submitted in English via email to the contract specialist and RCO Bavaria mailbox. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis. Offerors must have active System for Award Management (SAM) registration and comply with all applicable FAR and DFARS clauses, including provisions for tax relief in Germany, antiterrorism/force protection, and electronic invoicing via Wide Area Workflow (WAWF).
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| Attachment I -Performance Worst Statement - PWS.pdf |
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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
Maintenance & Repair Services Car Wash facilities USAG BavariaInstrument Name:
Regional Contracting Office POC:
Contract Specialist: Jasmina Kendrick
COMM: 09641-70-526-8766
DSN: 314-526-8766
E-mail: jasmina.kendrick.ln@army.mil
Requiring Activity (Customer) POC: (to be added at time of award)
NOTE to the Contractor: NEVER contact the Customer POC with problems, e.g., late deliveries, etc. as they are not authorized to approve that.
ALWAYS contact the Contracting Office.
SAM AND WAWF INFO
1. SAM BACKGROUND
The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.
In accordance with FAR 52.204-7, an offeror shall have an active Federal Government contracts registration in the
System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award.
2. WIDE AREA WORKFLOW (WAWF) BACKGROUND
W912PB26QA058
WAWF (as part of PIEE - Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.
IMPORTANT NOTE:
Please see further instructions to offerors in the ADDENDA section
*** END OF NARRATIVE ***
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Maintenance Work for the Car wash facility and the Water Recovery Plant at TB Grafenwoehr IAW Performance Work Statement (PWS) and attached ELIN schedule.
Pricing Arrangement: Firm Fixed Price
1 Each
0002 Repair Work for the Car wash facility and the Water Recovery Plant at TB Grafenwoehr IAW Performance Work Statement (PWS).
Pricing Arrangement: Labor Hour
40 Labor Hours
0003 Material/spare parts for the Car wash facility and the Water Recovery Plant at TB Grafenwoehr IAW Performance Work Statement (PWS).
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,524.45
Offeror must use this amount as part of the proposal!
0004 Arrival/Travel cost for on call services in between Routine Maintenance, Pricing Arrangement: Firm Fixed Price
6 Each
0005 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Firm Fixed Price
1 Each
0006 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Labor Hour
40 Labor Hours
0007 Material/spare parts for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,524.45
Offeror must use this amount as part of the proposal!
0008 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
6 Each
0009 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Firm Fixed Price
2 Each
0010 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Labor Hour
40 Labor Hours
0011 Material/spare parts for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information: Item text:
Estimated amount for parts needed for the performance of repair is 8,000.00 or $ 8,599.38
Offeror must use this amount as part of the proposal!
0012 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
8 Each
1001 Maintenance Work for the Car wash facility and the Water Recovery Plant IAW Performance Work Statement, (PWS), at TB Grafenwoehr.
Pricing Arrangement: Firm Fixed Price
1 Each
1002 Repair Work for the Car wash facility and the Water Recovery Plant IAW Performance Work Statement (PWS), at TB Graf.
Pricing Arrangement: Labor Hour
40 Labor Hours
1003 Material/spare parts for the Car wash facility and the Water Recovery Plant IAW Performance Work Statement (PWS), at TB Grafenwoehr.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information: Item text:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,525.45.
Offeror must use this amount as part of the proposal!
1004 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
6 Each
1005 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Firm Fixed Price
1 Each
1006 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Labor Hour
40 Labor Hours
1007 Material/spare parts for the TMP Car wash facility IAW Performance Work Statements (PWS) at RB Vilseck.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,524.45
Offeror must use this amount as part of the proposal!
1008 6 Each
Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
1009 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWS), Hohenfels.
Pricing Arrangement: Firm Fixed Price
2 Each
1010 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), Hohenfels.
Pricing Arrangement: Labor Hour
40 Labor Hours
1011 Material/spare parts for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 8,000.00 or $8,599.38
Offeror must use this amount as part of the proposal!
1012 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
8 Each
2001 Maintenance Work for the Car wash facility and the Water Recovery Plant IAW Performance Work Statement (PWS), at TB Grafenwoehr.
1 Each
Pricing Arrangement: Firm Fixed Price
2002 Repair Work for the Car wash facility and the Water Recovery Plant IAW Performance Work Stateme (PWS), at TB Grafenwoehr.
Pricing Arrangement: Labor Hour
40 Labor Hours
2003 Material/spare parts for the Car wash facility and the Water Recovery Plant IAW Performance Work Statement (PWS), at TB Grafenwoehr.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,524.45.
Offeror must use this amount as part of the proposal!
2004 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
6 Each
2005 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWWS), at RB Vilseck.
Pricing Arrangement: Firm Fixed Price
1 Each
2006 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Labor Hour
40 Labor Hours
2007 1 Job
Material/spare parts for the TMP Car wash facility IAW Performance Work Statement (PWS), at RB Vilseck.
Pricing Arrangement: Time and Materials
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 7,000.00 or $7,524.45.
Offeror must use this amount as part of the proposal!
2008 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
6 Each
2009 Maintenance Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Firm Fixed Price
2 Each
2010 Repair Work for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Labor Hour
40 Labor Hours
2011 Material/spare parts for the TMP Car wash facility IAW Performance Work Statement (PWS), at Hohenfels.
Pricing Arrangement: Time and Materials
1 Job
Additional Descriptive Data:
Additional Information:
Estimated amount for parts needed for the performance of repair is 8,000.00 or $ 8,599.38.
Offeror must use this amount as part of the proposal!
2012 Arrival/Travel cost for on call services in between Routine Maintenance.
Pricing Arrangement: Firm Fixed Price
8 Each
Continuation of Description
Requirements Maintenance and Repair Services for car wash facilities TB Graf, RB Vilseck and Hohenfels. Base year plus 2 option years. POP: 1 Aug 2026 - 31 May 2029
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046
North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Product Service Code : J046 North American Industry Classification System (NAICS) : 811192
Continuation of Deliveries or Performance
0001 1 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0002 40 Labor HoursQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0003 1 JobQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0004 6 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0005 1 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0006 40 Labor HoursQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0007 1 JobQuantity
Address and POC
From 01 Aug 2026 To 31 Jul 2027
0008 6 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0009 2 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0010 40 Labor HoursQuantity
Address and POC
01 Aug 2026 To 31 Jul 2027
0011 1 JobQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
0012 8 EachQuantity
Address and POC
Period of Performance From 01 Aug 2026 To 31 Jul 2027
1001 1 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance
01 Aug 2027 To 31 Jul 2028
1002 40 Labor HoursQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1003 1 JobQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1004 6 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
01 Aug 2027 To 31 Jul 2028
1005 1 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1006 40 Labor HoursQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1007 1 JobQuantity
Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1008 6 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1009 2 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1010 40 Labor HoursQuantity
Service Performance Site DoDAAC: W907E7
1011 1 JobQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2027 To 31 Jul 2028
1012 8 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
2001 1 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
01 Aug 2028 To 31 Jul 2029
2002 40 Labor HoursQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2003 1 JobQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2004 6 EachQuantity
Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2005 1 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2006 40 Labor HoursQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2007 1 JobQuantity
Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2008 6 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2009 2 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028
To 31 Jul 2029
2010 40 Labor HoursQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2011 1 JobQuantity
Address and POC Service Performance Site DoDAAC: W907E7
Period of Performance From 01 Aug 2028 To 31 Jul 2029
2012 8 EachQuantity
Address and POC Service Performance Site DoDAAC: W907E7
01 Aug 2028 To 31 Jul 2029
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-3 Gratuities. 1984-04
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7004 Antiterrorism Awareness Training for Contractors.
2023-01
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
2023-01
252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
2023-11
252.223-7008 Prohibition of Hexavalent Chromium.
2023-01
252.225-7056 Prohibition Regarding Business Operations with the Maduro
2023-01
Regime.
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7010 Levies on Contract Payments. 2006-12
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11
252.246-7008 Sources of Electronic Parts. 2023-01
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038) (Alternate I) (Tailored)
2026-02 Alternate I 2026-02
Alternate I . When contemplating a time-and-materials or (Feb 2026) (Deviation 2026-O0038) labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.
(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause-
Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(1) Performed by the contractor;
(2) Performed by the subcontractors; or
(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
Materials means-
(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(4) The following subcontracts for services which are specifically excluded from the hourly rate:
[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the ____
; andschedule.]
(5) Indirect costs specifically provided for in this clause.
Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(b) .Inspection/Acceptance
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of ____ labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(i) .Payments
(1) . The Government will pay the Contractor as follows upon the submission of Work performed commercial invoices approved by the Contracting Officer:
(i) .Hourly rate
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
( ) If no overtime rates are provided in the Schedule and the Contracting Officer approves 1 overtime work in advance, overtime rates shall be negotiated.
( ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes 2 clause of this contract.
( ) If the Schedule provides rates for overtime, the premium portion of those rates will be 3 reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) .Materials
(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-
( ) Quantities being acquired; and1
( ) Any modifications necessary because of contract requirements.2
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-
( ) Has made payments for materials in accordance with the terms and conditions of the 1 agreement or invoice; or
( ) Makes these payments within 30 days of the submission of the Contractor's payment 2 request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall-
( ) Obtain materials at the most advantageous prices available with due regard to securing 1 prompt delivery of satisfactory materials; and
( ) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, 2 and other amounts that are identifiable to the contract.
(D) Unless listed below, other direct and indirect costs will not be reimbursed.
( ) . The Government will reimburse the Contractor on the basis of actual cost 1 Other direct costs for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage ____ charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]
( . The Government will 2) Indirect costs (material handling, subcontract administration, etc.)
reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and ____ payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided.
(If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]
(2) . The total cost to the Government for the performance of this contract shall not Total cost exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.
(3) . The Government will not be obligated to pay the Contractor any amount in Ceiling price excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(4) . At any time before final payment under this contract, the Contracting Access to records Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-
(A) The original timecards (paper-based or electronic);
(B) The Contractor's timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5) . Each payment previously made shall be subject to Overpayments/Underpayments reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government will pay any such increases within 30 days, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) .Interest
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) The Contracting Officer will issue a final decision if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer.
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR part 32 in effect on the date of this contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(7) . The Contractor, and each assignee under an assignment entered into Release of claims under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.
(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(8) . The Government will make payment in accordance with the Prompt Prompt payment Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(9) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(l) . The Government reserves the right to Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work under this contract and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m) . The Government may terminate this contract, or any part hereof, for Termination for cause cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
DFARS Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES (JAN 2023)
(a) Definitions. As used in this clause-
"Covered defense telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;
(2) Telecommunications services provided by such entities or using such equipment; or
(3) Telecommunications equipment or services produced or provided by an entity that the
Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Covered foreign country" means-
(1) The People's Republic of China; or
(2) The Russian Federation.
"Covered missions" means-
(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or
(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.
"Critical technology" means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.
(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Reporting.
(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.
dod.mil the information in paragraph (d)(2) of this clause.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause:
any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. (Tailored)
2015-06
ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) . " United States ," as used in this clause, means, the 50 States, the District of Definition Columbia , and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel…
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