Solicitation W912WJ26QA019.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)

Solicitation/Contract Form Continuation

Playground Equipment Supply, Edward MacDowell Dam, Peterborough, NH

W912WJ26QA019

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

Contractor shall supply, delivery, and unload one (1) new playground equipment system to Edward MacDowell Lake, Peterborough, NH in accordance with the supply requirement.

**Required - All vendors must list country of origin of playground equipment:

Buy American requirement and qualifying countries (DFARS 252.225-7000) applies to this requirement and further information can be found in the solicitation.

All vendors shall indicate the country of origin of the playground equipment included in their quote. Failure to provide the required information will result in quotes being deemed non-responsive.

Pricing Arrangement: Firm Fixed Price

1 Each

Contractor shall supply, delivery, and unload one (1) new swing set system to Edward MacDowell Lake, Peterborough, NH in accordance with the supply requirement.

Contractor shall supply, delivery, and unload one (1) new playground equipment system to Edward MacDowell Lake, Peterborough, NH in accordance with the supply requirement.

**Required - All vendors must list country of origin of playground equipment:

Buy American requirement and qualifying countries (DFARS 252.225-7000) applies to this requirement and further information can be found in the solicitation.

All vendors shall indicate the country of origin of the playground equipment included in their quote. Failure to provide the required information will result in quotes being deemed non-responsive.

Pricing Arrangement: Firm Fixed Price

1 Each

Contractor shall provide shipping for all playground equipment to Edward MacDowell Lake, Peterborough, NH in accordance with the supply requirement.

Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

INSTRUCTION TO VENDORS:

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:

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

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

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

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.

Previous contract was awarded to: N/A

Previous contract awarded amount: N/A

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

No additional information on previous contracts will be provided.

QUESTIONS REGARDING SOLICITATIONS:

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

Name: Alicia LaCrosse

Phone: 978-318-8902

Email: Alicia.N.LaCrosse@usace.army.mil

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

QUOTE SUBMISSION:

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.

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

BID SCHEDULES:

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

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.

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:

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.

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.

No site visits will be permitted AFTER a solicitation closes.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATIONS:

In accordance with FAR Clause 52.204-7:

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.

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

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.

Provide Unique Entity Identifier (UEI): ___________________________

Provide CAGE code: ____________________________

SUBMITTALS:

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.

SUPPLY REQUIREMENT:

PLAYGROUND EQUIPMENT

U.S. ARMY CORPS OF ENGINEERS

EDWARD MACDOWELL DAM

PETERBOROUGH, NH

SUPPLY REQUIREMENT

I. General:

1. Scope- Supply, ship/deliver, and unload playground equipment to Edward MacDowell Dam. The Government will not provide any assistance with unloading. Supplies are to be provided in accordance with the following requirements and schedule.

2. Location - The Edward MacDowell Dam Project Office and Single Bay Garage is located at 75 Wilder Street, Peterborough, NH 03458. All supplies shall be delivered to, and unloaded at, the Edward MacDowell Dam Single Bay Garage.

3. Project Coordination - Contact the Technical Point of Contact (TPOC), Caleb Blakeslee, at (978)-318-8473 or caleb.j.blakeslee@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 from 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. Sustainability & Environmentally Preferred Products - Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products.

Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended contents levels. Offerors must be able to demonstrate that each offered products meets minimum content levels upon request.

8. 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.

9. Security - The Contractor will comply with all established security policies at the Edward MacDowell 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.

10. 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

Edward MacDowell Dam

75 Wilder Street

Peterborough, NH 03458

Or emailed to: Caleb.J.Blakeslee@usace.army.mil

II. Product / Equipment Requirements:

Playground Equipment System and Swing Set System: The Contractor shall supply, ship/deliver, and unload one (1) complete and continuous playground equipment system (new) and one (1) complete swing set system (new) that satisfy the following requirements:

Note: This Contract does NOT require assembly and installation of the playground equipment system or the swing set system. All Buy American

FAR (Federal Acquisition Regulation) and DFARS (Defense Acquisition Regulation Supplement) requirements and Country of Origin apply to this requirement and further information can be found in the solicitation. All vendors shall indicate the Country of Origin of the playground equipment included in their quote. Failure to provide the required information will result in quotes being deemed non-responsive.

1. One (1) complete and continuous Playground Equipment System:

a. The continuous playground system, when installed, shall fit within a use / fall zone of approximately thirty-one (31) feet by forty-three (43) feet.

b. The playground system shall be ASTM certified and CPSC certified.

c. The system shall include an ADA transfer station.

d. When installed, the playground system shall be one contiguous structure with all playground activities / components attached to said structure.

e. The playground system shall be designed for an intended user group of 5-12 years of age.

f. The system shall include all necessary stairs, pipes, and hardware to completely assemble the playground system as one unit. This shall also include any mounting hardware necessary for in-ground installation.

g. All connections shall be direct bolt connections.

h. All components shall be lead free.

i. All metal components shall be powder-coated.

j. All support uprights shall be a minimum of three and one half (3.5) inch diameter metal, powder-coated, posts.

k. All plastic components shall be UV stabilized rotomolded plastic construction.

l. All main support components, including decks shall be covered, at a minimum, with a 15-year warranty. All plastic components shall be covered, at a minimum, with a 10-year warranty.

m. Color(s):

i. The playground system shall have a natural color scheme, such as, brown, green, and tan. Please see Example Photo 1A for reference of an acceptable color scheme.

ii. If the Contractor submits a variation in color scheme, the submission MUST be acceptable to the TPOC prior to the Contractor ordering the products.

n. Slides:

i. The system shall include a minimum of two (2) slides.

ii. The slides shall include a minimum of one (1) Bump/Wave slide and at least one (1) Triple Rail Slide/Double Slide.

o. Vertical Climbing Structures:

i. The system shall include a minimum of two (2) different vertical climbing structures.

ii. Acceptable vertical climbing structures include: Ladder, Fire Pole, Rock Climbing Wall, Vertical Climber, or similar climbing structure.

p. Horizontal Climbing Structure:

i. The system shall include a minimum of one (1) horizontal climbing structure that is connected to the primary playground structure.

ii. Acceptable horizontal climbing structures include: Horizontal Ladder, Monkey Bars, or similar climbing structure.

q. Ground - Level Play Structures:

i. The system shall include a minimum of two (2) ground-level play structures that are connected to the primary playground structure.

ii. Acceptable ground-level play structures include: Crawl Tunnel, Tic Tac Toe Panel, Bongo Drums, or similar interactive structure.

r. Landing Platforms:

i. The system shall include a minimum of three (3) landing platforms.

ii. The landing platforms shall be at a minimum thirty-six (36) inches in height and a maximum of sixty (60) inches in height.

s. Example Photo(s):

i. Please see Example Photos 1A and 1B for a basic representation of a playground structure that would satisfy general design and color requirements.

ii. Please see Example Photos 2A and 2B for a basic representation of a playground structure that would satisfy general design requirements ONLY and does NOT meet color requirements.

2. One (1) complete Swing Set System:

a. The swing set system, when installed, shall have two vertical posts and one horizontal rail that the swings are attached to.

b. The system shall be ASTM certified and CPSC certified.

c. The system shall include all necessary posts, rails and hardware to completely assemble the swing set system as one unit. This shall also include any mounting hardware necessary for in-ground installation.

d. All components shall be lead free.

e. All metal (posts and railing) shall be powder-coated.

f. Upright posts shall be a minimum of four and one half (4-1/2) inches in diameter.

g. All main support components shall be covered, at a minimum, with a 15-year warranty.

h. The swing set system, when installed, shall be eight (8) feet tall and shall have one (1) single bay with two (2) standard swings.

i. The swing set system shall be made by the same manufacturer as the playground structure.

j. Color(s):

i. The swing set system shall have the same color scheme as the playground structure.

k. Example Photo(s):

i. Please see Example Photo 3 for a basic representation of a swing set structure that would satisfy design and color requirements.

ATTACHMENTS:

PLEASE SEE ATTACHMENTS INCLUDED SEPARATELY FOR ADDITIONAL INFORMATION.

Requirements Playground Equipment Supply, Edward MacDowell Dam, Peterborough, NH

Product Service Code: 7830

Product Service Code: 7830

Product Service Code: 7830

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: ALL SUPPLIES SHALL BE DELIVERED AND UNLOADED IN ACCORDANCE WITH THE SUPPLY

REQUIREMENT AND CONTRACTOR PROVIDED QUOTE.

DoDAAC: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

NEW ENGLAND DIST, EDWARD MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: ALL SUPPLIES SHALL BE DELIVERED AND UNLOADED IN ACCORDANCE WITH THE SUPPLY

REQUIREMENT AND CONTRACTOR PROVIDED QUOTE.

DoDAAC: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

NEW ENGLAND DIST, EDWARD MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: ALL SUPPLIES SHALL BE DELIVERED AND UNLOADED IN ACCORDANCE WITH THE SUPPLY

REQUIREMENT AND CONTRACTOR PROVIDED QUOTE.

DoDAAC: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

NEW ENGLAND DIST, EDWARD MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

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: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND

DIST

NEW ENGLAND DIST, EDWARD

MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

UNITED STATES

CALEB J BLAKESLEE,

DELIVER_TO_EMP_ID_NO

Email: caleb.j.blakeslee@usace.army.mil Telephone: 978-318-8473

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: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND

DIST

NEW ENGLAND DIST, EDWARD

MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

UNITED STATES

CALEB J BLAKESLEE,

DELIVER_TO_EMP_ID_NO

Email: caleb.j.blakeslee@usace.army.mil Telephone: 978-318-8473

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 Job Ship To DoDAAC: 961401 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND

DIST

NEW ENGLAND DIST, EDWARD

MCDOWELL LAKE 75 WILDER ST

PETERBOROUGH, NH 03458-1068

UNITED STATES

CALEB J BLAKESLEE,

DELIVER_TO_EMP_ID_NO

Email: caleb.j.blakeslee@usace.army.mil Telephone: 978-318-8473

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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Jan 2025

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.339920 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 Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 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

DFARS Clauses Incorporated by Full Text

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

(May 2024) Deviation 2024-O0013 (May 2024)

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024) (DEVIATION 2024-O0013

REVISION 1)

(a) Definitions. As used in this clause-

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at https://nvlpubs.nist.gov/nistpubs/SpecialPublications /NIST.SP.800-171r2.pdf).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204- 7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall-

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to-

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

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…