Solicitation - W912WJ26QA001.pdf

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)

SEE CONTINUATION

SEE CONTINUATION

SEE CONTINUATION

W912WJ26QA001 14 OCT 2025

JENNIFER SAMELA

978-318-8324

28 OCT 2025

02:00 PM

W912WJ 100

W2SD ENDIST NEW ENGLAND

KO CONTRACTING DIVISION, 696 VIRGINIA ROAD

CONCORD, MA 01742-2751

UNITED STATES

JENNIFER SAMELA, EMAIL: JENNIFER.M.SAMELA@USACE.ARMY.MIL

TELEPHONE: 978-318-8324

333120

SEE CONTINUATION

Solicitation/Contract Form Continuation

Compact Track Loader Supply, Hopkinton Lake, Hopkinton, NH

W912WJ26QA001

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Compact Track Loader, Heavy Duty Bucket, Claw/Root Grapple, Pallet Forks, Power Rake, and Forestry Mower Supply, Hopkinton Lake, Hopkinton, NH

Vendors are required to list the country of origin of the loader and attachments. Failure to do so may result in quotes being deemed non-responsive.

National Stock Number: 3805-01-552-4487 Pricing Arrangement: Firm Fixed Price

1 Each

Trade-In: John Deere 444C Loader and Attachments.

Trade in value, whether entered as positive or negative value, will be subtracted from the amount entered for the contract line item number (CLIN) 0001.

National Stock Number: 3805-01-552-4487 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

[Option] Swing Boom Mower Supply, Hopkinton Lake, Hopkinton, NH

Vendors are required to list the country of origin of the loader and attachments. Failure to do so may result in quotes being deemed non-responsive.

National Stock Number: 3805-01-552-4487 Pricing Arrangement: Firm Fixed Price

1 Each

Continuation of Description

VENDORS SUBMITTING A QUOTE IN RESPONSE TO A SOLICITATION ARE RESPONSIBLE FOR

ADHERING TO ALL INSTRUCTIONS AND TERMS AND CONDITIONS INCLUDED IN THE

SOLICITATION. FAILURE TO DO SO MAY RESULT IN QUOTES BEING DEEMED NON-RESPONSIVE

INFORMATION:

1. This is a Request for Quotations (RFQ) in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.

2. Potential vendors are notified that the basis on which award will be made is price alone.

3. All responsible sources may submit a quote which, if timely received, must be considered by the Agency.

4. The Government may request that a vendor respond to a Quote Verification after the solicitation closes, but prior to award. The vendor shall respond in sufficient detail to all questions or statements no later than the response date and time listed in the correspondence. Failure to do so may result in quotes being deemed non-responsive and removed from consideration. The Government is under no obligation to provide extensions for responses.

5. Information on previously awarded contract (if no information is listed the requirement is considered "new"):

a. Previous contract was awarded to: NA

b. Previous contract awarded amount: NA

c. Interested vendors are advised that scope may differ from previous contract

d. No additional information on previous contracts will be provided

QUESTIONS REGARDING SOLICITATIONS:

1. Questions regarding the solicitation shall be directed to the Contract Specialist:

a. Name: Jennifer M. Samela

b. Phone: 978-318-8324

c. Email: Jennifer.M.Samela@usace.army.mil

2. Technical Points of Contact shall not provide responses to interested vendors.

QUOTE SUBMISSION:

1. Quotes shall be submitted via email to the Contract Specialist listed above no later than the closing date and time identified in the solicitation or subsequent amendments.

2. The Government is under no obligation to consider any quote received after the solicitation closing date or time.

BID SCHEDULES:

1. If a Bid Schedule is included in the solicitation, vendors shall complete the bid schedule in its entirety (all tasks, all years).

2. Vendors shall enter $0.00 on Bid Schedules in which items are Not Separately Priced. Blank entries will not be considered and will result in quotes being deemed non-responsive.

3. Failure to complete the Bid Schedule in its entirety and return same with a quote will result in quotes being deemed non-responsive.

SITE VISITS:

1. If dates/times for site visits are included in the solicitation, then interested vendors will be permitted to visit the site during those dates/times. No other dates/times will be permitted for site visits.

2. If no dates/times for site visits are included in the solicitation, then interested vendors shall contact the Technical Point of Contact as identified in the solicitation to schedule a site visit.

3. No site visits will be permitted AFTER a solicitation closes.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATIONS:

1. In accordance with FAR Clause 52.204-7:

a. Vendors are REQUIRED to be registered in SAM when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment.

b. "Registered" in SAM means that the Government has marked the record "Active".

2. The Government will deem quotes non-responsive from vendors that do not have an active SAM at the time of quote submission or by date/time of solicitation closing.

3. Provide Unique Entity Identifier (UEI): ___________________________

4. Provide CAGE code: ____________________________

SUBMITTALS:

1. Submittals (Accident Prevention Plan, Activity Hazard Analyses, Products, etc.) and Certifications/Licenses (10-hour OSHA, 30-hour OSHA, Competent Person in Fall Protection, Electrician's License, etc.) that are specified in the scope as required by this solicitation are not to be submitted with a quote. The awarded Contractor will be required to provide all submittals and certifications within the time stated in the solicitation and resultant contract. Failure to do so may result in termination.

COMPACT TRACK LOADER

U.S. ARMY CORPS OF ENGINEERS

MERIMACK RIVER BASIN

HOPKINTON, NH

SUPPLY REQUIREMENT

I. General:

1. Scope- Supply, deliver, and unload one compact track loader and accessories. Equipment and materials are to be provided in accordance with the following requirements and schedule.

2. Location - The Hopkinton Dam and Project Office are located at 2097 Maple Street, Hopkinton, NH 03229. All equipment and materials shall be delivered to and unloaded at this location.

3. Project Coordination - Contact the Technical Point of Contact (TPOC), Daniel Orlando, can be reached at (603)-782-1196 or Daniel.N.

Orlando@usace.army.mil to coordinate the specific delivery schedule (Date and Time).

4. Schedule - All equipment and materials identified in these requirements shall be delivered and unloaded no later than 120 days after Contract Award. The project area will be open to the Contractor Monday through Friday 7:00 AM to 3:30 PM and all deliveries must be completed during those hours unless alternate hours are approved by the TPOC.

5. Safety Requirements -

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Occupational Health Requirements (EM 385- 1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), Federal, State, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at the following link: https://www.publications.usace.army.mil/Portals/76/EM% 20385-1-1%20_EFFECTIVE%2015March2024.pdf

NOTE: Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

b. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the TPOC in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the TPOC within seven (7) days of an incident: https://www.publications.usace.

army.mil/Portals/76/Publications/EngineerForms/Eng_Form_3394_2021Aug.pdf

c. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including subcontractors) to the TPOC by close of business on the 10th calendar day of the following month. The method of transmission by the Prime Contractor to the TPOC shall be electronically.

6. Environmental Protection - The Contractor shall prevent pollution or damage to the environment resulting from work performed during this contract. The Contractor will receive no additional payment for environmental protection work. Prevention of pollution and environmental damage is a contractor obligation under current State and Federal laws and regulations. Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor. All spills/environmental damage shall be immediately reported to the TPOC.

7. Permits - The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

8. Security - The Contractor will comply with all established security policies at the Hopkinton Dam. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24-hour notice of any such closure.

9. Payment - The Contractor shall furnish the TPOC with one invoice, stating the contract number, the materials delivered, the date of delivery, the date of acceptance and the amount to be paid. The invoice must also include the company letterhead, and this must match the data that is registered in the System for Award Management (SAM) registry. Payment shall be made for actual materials delivered at the applicable contract unit price.

All invoices may be mailed to:

U.S. Army Corps of Engineers

Hopkinton Dam

2097 Maple Street

Hopkinton, NH 03229

Or emailed to: Daniel.N.Orlando@usace.army.mil

II. Equipment Requirements:

Compact Track Loader: The Contractor shall supply, deliver, and unload the following equipment and materials (new & unused) that satisfy the following requirements:

1. Compact Track Loader with Cab:

a. Engine:

i. 4-cyliner liquid cooled turbo diesel

ii. Horsepower: Minimum 70 HP

iii. Emissions: interim Tier 4

iv. Starter Volts: 12V

v. Integrated OEM Engine block heater 120 volt

vi. Cold weather package

vii. Reversible fan

b. Fuel Capacity:

i. Minimum 20 gallons

ii. Lockable filler cap

c. Loader performance:

i. Tipping load: 6000-8000 pounds

ii. Lift arm path: vertical

iii. Rated Operating Capacity: Minimum of 2500 pounds

iv. Loader shall have "skid steer" quick attach system for bucket and attachments

d. Hydraulic System:

i. Hydraulics must be able to operate low flow and high flow hydraulic attachments.

ii. Minimum high flow hydraulics shall be 29 GPM

iii. Minimum hydraulic pressure 3000 psi

iv. 3rd function attachment connections mounted on the loader

e. Dimensions & Tracks:

i. Track length on ground: minimum 55 inches

ii. Minimum 13" width with four season all surface rubber tracks

iii. Weight: 8500-9700 pounds

iv. Ground clearance minimum 8"

f. Electrical:

i. Battery: heavy duty 12V

ii. Ground: negative

iii. Charging System: alternator

iv. Battery capacity 900 CCA

v. 14-pin electrical coupler connection (on the loader).

g. Powertrain:

i. Two speed travel

h. Lighting:

i. Headlights: 2 LED type

ii. Signal/Warning Lights: 2 forward & 2 rear mounted

i. Cab with Roll Over Protection System:

i. Adjustable air ride suspension seat

ii. Climate controlled cab with heat & air conditioning

iii. Rearview camera

iv. Interior rearview mirror

v. USB charger

vi. AM/FM/Bluetooth Radio

vii. Windshield: defroster & wiper

viii. Forestry protection package to include FOPS II and hydraulic hose guarding

ix. Impact resistant polycarbonate windshield and side windows

x. Backup alarm

xi. Security door lock

xii. Service horn

2. Compact Track Loader Accessories:

a. Heavy Duty bucket:

i. Mount: coupler quick attach

ii. Bolt on cutting edge

iii. Minimum 72-inch width

iv. Minimum 0.6 cubic yard capacity

b. Claw/Root Grapple:

i. Mount: coupler quick attach

ii. Maximum pressure rating 3500 psi

iii. 6"-10" tine spacing

iv. Heavy duty, minimum weight 900 pounds

v. Width: Minimum 72 inches

c. Pallet Forks with Brick Guard (full back guard):

i. Mount: coupler quick attach

ii. Heavy duty construction

iii. 48" pallet forks

iv. Sliding adjustable rail

v. 5000-pound capacity

vi. Working Width: Minimum 50 inches

d. Power Rake:

i. Mount: coupler quick attach

ii. Electrical connection shall be a 14-pin coupler

iii. Working width: minimum 72"

iv. Carbide tipped studs/teeth and bi-directional roller

v. Replaceable carbide tipped studs/teeth

vi. Hydraulic angle actuator

vii. Replaceable skid shoes

viii. Heavy duty drive chains

e. Forestry Mower:

i. Mount: coupler quick attach

ii. Heavy duty construction

iii. Rotary style mower with minimum of 3 and maximum of 4 cutting blades

iv. Adjustable support skids

v. Working pressure control gauge

vi. Protection chains

vii. Brush push bar

viii. Working (cutting) width at least 70"

ix. Cutting capacity: minimum of 5" in diameter

f. OPTION 1 - Swing Boom Mower:

i. Mount: coupler quick attach

ii. Minimum 40" rotary style cutting width

iii. Minimum 3" cutting capacity

iv. Fully compatible to run off skid steer 14 pin harness

v. Arm shall have minimum 90 degree of rotation and minimum 115 degree of head tilt

vi. Mower reach shall be a minimum of 90" horizontally.

vii. Piston drive motor

NOTE: Country of origin of all equipment and components listed above shall be identified in the submitted quote. Country of origin shall comply with the Buy American and Qualifying Countries provisions and clauses as included in the solicitation and resultant contract.

3. The equipment shall have an Authorized Service Facility within 50 miles of the Hopkinton Dam Project (Zip Code 03229).

4. All accessories shall be fully compatible and operable with the track loader specifications and plumbed for 3rd function quick attachment on loader.

5. The Contractor shall provide a demonstration of operation, maintenance, and safety procedures to USACE personnel within 7 days of delivery.

6. Manuals and Literature:

a. Owner's Manuals shall be submitted for all equipment and attachments.

b. Operation and maintenance manuals shall be submitted for all equipment and attachments.

7. Warranty:

a. Compact Track Loader - Manufacturer warranty of 24 months or longer.

b. Attachments - Manufacturer warranty of 24 months or longer.

III. Trade-In Equipment Specifications and Requirements:

1. The Contractor shall schedule an appointment with the TPOC to view and inspect the trade-in equipment and attachments during the open solicitation time period so that the trade-in value can be reflected in the Contractor's quote.

2. The Equipment and attachments are an "As-Is" trade-in.

3. After Contract Award, the Contractor will be required to sign paperwork to signify the transfer of property ownership from the US Army Corps of Engineers to the Contractor.

4. The Contractor is responsible for the proper transportation of the equipment and attachments off of Government property after all required property transfer paperwork is finalized.

5. All trade-in equipment and attachments shall be removed from Government property within 120 days after contract award.

6. Equipment and Attachments for Trade-In:

a. One (1) - 1986 John Deere 444C Wheeled Loader: (See Informational Photos #'s 1 - 6). Specifications are as follows:

i. Engine: 85 HP diesel 6 cylinder

ii. Power shift transmission

iii. Enclosed cab with ROPS and heater

iv. Approximately 4200 hours

v. Condition fair

b. Attachments: (See Informational Photos #'s 7 - 9).

i. One (1) - 1.5 Cubic Yard capacity Four - in - One bucket (currently on the loader as shown in the Information Photos).

ii. One (1) - 1.5 Cubic Yard capacity bucket with cutting edge.

iii. One (1) - set of 8000 lbs. capacity bucket attach forks.

Requirements Compact Track Loader Supply, Hopkinton Lake, Hopkinton, NH

Product Service Code: 3895

Product Service Code: 3895

Option Line Item

Product Service Code: 3895

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: All products shall be supplied, delivered, and unloaded in accordance with the Supply Requirement.

DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

PROJECT MANAGER HOPKINTON LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: All products shall be supplied, delivered, and unloaded in accordance with the Supply Requirement.

DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

PROJECT MANAGER HOPKINTON LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All products shall be supplied, delivered, and unloaded in accordance with the Supply Requirement.

DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

PROJECT MANAGER HOPKINTON LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Continuation of Deliveries or Performance

From date of lead time event to delivery 120 Calendar Days Date of Award

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Schedule From date of lead time event to delivery 120 Calendar Days Date of Award

1 Each Ship To DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW

ENGLAND DIST

PROJECT MANAGER HOPKINTON

LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Daniel Orlando Email: daniel.n.orlando@usace.army.mil Telephone: 603-782-1196

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Delivery Schedule From date of lead time event to delivery 120 Calendar Days Date of Award

1 Each Ship To DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW

ENGLAND DIST

PROJECT MANAGER HOPKINTON

LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Daniel Orlando Email: daniel.n.orlando@usace.army.mil Telephone: 603-782-1196

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule From date of lead time event to delivery 120 Calendar Days Date of Award

1 Each Ship To DoDAAC: 961404 CountryCode: USA

CORPS OF ENGINEERS NEW

ENGLAND DIST

PROJECT MANAGER HOPKINTON

LAKE, ROUTE 127 RFD

CONTOOCOOK, NH 03229

UNITED STATES

Daniel Orlando Email: daniel.n.orlando@usace.army.mil Telephone: 603-782-1196

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

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 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Jan 2025

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

FAR Clauses Incorporated by Full Text

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

Postaward Small Business Program Rerepresentation (Jan 2025)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or Affiliates a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by of this clause paragraphs (b) and (c) by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number 333120

.W912WJ26PXXXX

(2) [ .] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001

(3) [ ] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each ____ party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each ____ party to the joint venture: __ .]

(6) [ ] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

it is, is not a veteran-owned small business concern.

(7) [ ] The Contractor Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.

represents that it is, is not a service-disabled veteran-owned small business concern.

(8) . The Contractor represents that it is, Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor ____ shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter the names ____ of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.] ____

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD.

All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall-

(A) Determine whether to-

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232- 7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com /site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ____, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Oct 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L.