SPRTA1-25-R-0338 0001.pdf
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- Attached to
- RADOME Federal contract opportunity
- Solicitation number
- SPRTA1-25-R-0338
- Issued by
- Defense Logistics Agency Aviation
About this file
This is an Amendment of Solicitation/Modification of Contract (Standard Form 30) for a three-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract issued by DLA Weapons Support at Oklahoma City, Tinker AFB. The solicitation amendment number is SPRTA1-25-R-0338-0001, dated 28-MAY-2025, with Requisition/Purchase Request No. FD20302500721. The buyer is Clifford Dockter at DLA Procurement Operations.
The contract is for the procurement of Radomes (NSN 1560-01-449-6913 FL, Manufacturer Part Number 29957 1001004-3) manufactured from fiberglass to protect the radar package and provide a smooth aerodynamic surface. The contract structure is Firm Fixed Price with a three-year (36-month) performance period. The minimum contract quantity is 117 units to be met upon first order following award, with a three-year best estimated quantity of 350 units total: 117 units in Year 1, 117 units in Year 2, and 116 units in Year 3. Minimum order quantity is 88 units, maximum order quantity is 350 units, and total contract maximum quantity is 525 units. The amendment notifies the contractor of a DCMA CID commerciality determination (Case Number S5113A25C0655) classifying the product as commercial with minor modifications, and directs updates to incorporate appropriate commercial contract clauses. First article testing is required with deliverables including fit check, test report, certificate of compliance, and material certification. Inspection occurs at origin with higher-level contract quality requirements per AS9100 standard. Delivery locations include Tinker AFB and DLA Distribution Depot Oklahoma.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 4148416_PKGRQMT_REPORT.pdf | ||
| 4148420_ATTACH.pdf | ||
| 4148417_TRNSPDATA_REPORT.pdf | ||
| 4116434_CDRL1_REPORT.pdf | ||
| 4095240_ATTACH.pdf | ||
| 4116465_ATTACH.pdf | ||
| 4116462_ATTACH.pdf | ||
| SPRTA1-25-R-0338.pdf | ||
| 4116482_ATTACH.pdf |
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
J
2. AMENDMENT/MODIFICATION NO.
SPRTA1-25-R-0338-0001
3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.
FD20302500721
5. PROJECT NO (If applicable)
6. ISSUED BY CODE
DLA WEAPONS SUPPORT AT OKLAHOMA CIT
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 73145-3070
BUYER: Clifford Dockter clifford.dockter@us.af.mil Phone: (385) 591- 2762
7. ADMINISTERED BY (If other than item 6) CODESPRTA1
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
CODE
X
9A. AMENDMENT OF SOLICITATION NO.
SPRTA125R0338
9B. DATED (SEE ITEM 11)
28-MAY-2025
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods. ( a ) By completing Items 8 and 15, and returning copies of the amendment; ( b ) By acknowledging receipt of this amendment on each copy of the offer submitted; or ( c ) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Three year IDIQ - Firm Fixed Price. The quantities listed below are only estimates. The minimum contract quantity is 117 each and will be met when the first order is placed immediately following the award of the basic contract. Any resultant contract shall take effect from the effective date of the contract through a 3 year (36 month) period. Total Three Year Best Estimated Quantity (BEQ) - 350 EA. 1st Year BEQ - 117 EA. 2nd Year BEQ - 117 EA. 3rd Year BEQ - 116 EA. Minimum Order Quantity - 88 EA. Maximum Order Quantity - 350 EA. Total Contract Maximum Quantity - 525 EA
15A. NAME AND TITLE OF SIGNER (Type or print)
15B. CONTRACTOR/OFFEROR
BY ________________________________________________________
(Signature of person authorized to sign)
15C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16B. UNITED STATES OF AMERICA
BY ____________________________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED
FACILITY CODE
NSN 7540-01-152-8070
PREVIOUS EDITION UNUSABLE
30-105 STANDARD FORM 30 (REV. 10-83)
PRESCRIBED BY GSA
FAR (48 CFR) 53.243
X
X X
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
SPRTA1-25-R-0338-0001
Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION
1. To notify contractor of the DCMA CID CIG Case Number S5113A25C0655 determination in commerciality as follows:
Based on these considerations, the product listed in Table 1 meets the requirements of paragraph (3)(i) of the definition, which reads as follows:
(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for—
(i) Modifications of a type customarily available in the commercial marketplace; or
(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. .
2. Update the clauses to Incorporate the appropriate commercial clauses and remove unessary clauses as stated herein.
3. All other terms and conditions are unchanged.
SUPPLIES OR SERVICES AND PRICES/COSTS
NOTES APPLICABLE TO FIRST ARTICLE 0001AA - 0001AD
There is a requirement for a Fit Check, First Article Test Report, Certificate of Compliance, Material Certification. After the Non-Expended Testing has been performed by the contractor in accordance with 52.209-3 (Contractor Test), the FA item is to be shipped to Tinker AFB. The Government will perform a Proper Fit/Function Test in accordance with 52.209-4 (Government Test). If the First Article Report and Fit Check are approved, this exhibit will remain on the aircraft and will not be forwarded to USAF supply but will be considered part of the contract quantity.
The contractor shall not proceed with production quantities until notice of First Article approval is received from the Contracting Officer.
Contractor's notification to ACO and this office (424 SCMS/GUEA) of test time and location due 30 days prior to start of testing
The First Article offered must be manufactured at the facilities in which that item is to be produced under the contract, or if the First Article is a component not manufactured by the contractor, such component must be manufactured at the facilities in which the component is to be produced for the contract. A certification to this effect must accompany each First Article which is offered.
Ship first article to address below:
DDOO-SOP/FIRST ARTICLES
BLDG 18, DR 16
8080 PERIMETER RD
TINKER AFB, OK 73145-8000
DODAAC: FY2303
PHONE: 405-739-5090
The Contractor shall notify the Government 30 days prior to shipping the asset by notifying:
Tinker.First.Article@us.af.mil.
MARK FOR FIRST ARTICLES
ATTN: DDOO-SOP
DO NOT POST, NON-ACCOUNTABLE; DO NOT PUT INTO SUPPLY
DODAAC: FY2303
ENSURE THE WORDS "FIRST ARTICLE" ARE MARKED ON THE OUTSIDE OF THE BOX IN LARGE
RED CONSPICUOUS LETTERS.
This solicitation has the Surge Option clause 252.217-7001 and Option to Extend Clause 52.217-9.
Vendor is required to submit a Capability Assessment Plan with the proposal that has a delivery schedule showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the contractor's existing facilities, equipment and subcontracting structure.
The Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.
Pricing is not required at this time to be included with the CAP. If the surge option is exercised after award, negotiations will begin if needed for the increased delivery associated with the exercise of this option.
INFORMATIONAL CLIN
Bid A - First Article Required Item No.
Firm Fixed Price
NSN: 1560-01-449-6913 FL
RADOME
Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Buy American Act/Balance of Payments Program
FIRST ARTICLE EXHIBIT FIT CHECK
Bid A - First Article Required Item No.
0001AA
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
CLIN ACRN ACRN Total
FIRST ARTICLE EXHIBIT FIT CHECK
Bid A - First Article Required
0001AA AA
NSN: 1560-01-449-6913 FL
RADOME
Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Destination Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 9001-2015 2008
Buy American Act/Balance of Payments Program
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A FY2303 ORIGIN
Type / Ship To PACRN Mark For A FY2303 PAB First Article Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri
Required Delivery
A FY2303 1 EA *180 Calendar Days Non-MilStrip
Proposed Delivery
A FY2303 1 EA
FIRST ARTICLE TEST REPORT
Bid A - First Article Required Item No.
0001AB
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
CLIN ACRN ACRN Total
0001AB AA
Data First Article Test Report Priority: E
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection
FIRST ARTICLE TEST REPORT
Bid A - First Article Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A FA8111 ORIGIN
Type / Ship To PACRN Mark For A FA8111 First Article Monitor Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri
Required Delivery
A FA8111 1 LO *60 Calendar Days
Proposed Delivery
A FA8111 1 LO
CERTIFICATE OF COMPLIANCE
Bid A - First Article Required Item No.
0001AC
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
CLIN ACRN ACRN Total
0001AC AA
Data Certificate of Compliance Priority: E
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A FY2303 ORIGIN
Type / Ship To PACRN Mark For A FY2303 First Article Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri
Required Delivery
A FY2303 1 LO *180 Calendar Days
Proposed Delivery
A FY2303 1 LO
MATERIAL CERTIFICATE
Bid A - First Article Required Item No.
0001AD
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
CLIN ACRN ACRN Total
0001AD AA
Data Material Certificate Priority: E
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A FY2303 ORIGIN
Type / Ship To PACRN Mark For A FY2303 First Article Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri
Required Delivery
A FY2303 1 LO *180 Calendar Days
Proposed Delivery
A FY2303 1 LO
INFORMATIONAL CLIN
THREE YEAR IDIQ
Item No.
Firm Fixed Price
NSN: 1560-01-449-6913 FL
RADOME
To protect the radar package and provide a smooth aerodynamic surface Fiberglass Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Origin Receiving Report Required
INFORMATIONAL CLIN
THREE YEAR IDIQ
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
AS9100 9100
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
FIRST YEAR - MONTHS 1-12
THREE YEAR IDIQ
Item No.
0002AA
Firm Fixed Price Best Estimated Qty
U/I Unit Price
117 EA
CLIN ACRN ACRN Total
0002AA AA
NSN: 1560-01-449-6913 FL
RADOME
To protect the radar package and provide a smooth aerodynamic surface Fiberglass Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Origin Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
AS9100 9100
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Type / Ship To PACRN Mark For A SW3211 PAB Acct 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 117 EA 30 MAR 2026 Non-MilStrip
Proposed
A SW3211 117 EA
SECOND YEAR - MONTHS 13-24
THREE YEAR IDIQ
Item No.
0002AB
Firm Fixed Price Best Estimated Qty
U/I Unit Price
117 EA
CLIN ACRN ACRN Total
0002AB AA
NSN: 1560-01-449-6913 FL
RADOME
To protect the radar package and provide a smooth aerodynamic surface Fiberglass Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Origin Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
AS9100 9100
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Type / Ship To PACRN Mark For A SW3211 PAB Acct 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 117 EA 30 MAR 2027 Non-MilStrip
Proposed Delivery
A SW3211 117 EA
THIRD YEAR - MONTHS 25-36
THREE YEAR IDIQ
Item No.
0002AC
Firm Fixed Price Best Estimated Qty
U/I Unit Price
116 EA
THIRD YEAR - MONTHS 25-36
THREE YEAR IDIQ
CLIN ACRN ACRN Total
0002AC AA
NSN: 1560-01-449-6913 FL
RADOME
To protect the radar package and provide a smooth aerodynamic surface Fiberglass Manufacturer Part Number 29957 1001004-3 Priority: E
Inspection: Origin Acceptance: Origin Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
AS9100 9100
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Type / Ship To PACRN Mark For A SW3211 PAB Acct 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 116 EA 30 MAR 2028 Non-MilStrip
Proposed
A SW3211 116 EA
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: A FA8111
FA8111 AFLCMC LZPED
CP 405 736-7455
3001 STAFF DR STE 1AF1 105A
TINKER AFB OK 73145-3303 OK 73145-3303
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: A FY2303
FY2303 DDOO SOP FIRST ARTICLE
CP 405-855-3961
7330 SENTRY BLVD BLDG 469 DOOR 12
TINKER AFB OK 73145-8000 OK 73145-8000
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: A SW3211
DLA DISTRIBUTION DEPOT OKLAHOMA
3301 F AVE CEN REC BLDG 506 DR 22
TINKER AFB OK 73145-8000
TINKER AFB OK 73145-8000
TINKER AFB OK 73145-8000 OK
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
CONTRACT CLAUSES
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))
(Applicable in all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13) Applicable in solicitations and contracts if the conditions specified at 4.2304(a)(1) apply, except for Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)
(IAW Class Deviation 2024-O0013 Rev. 1)
Applicable in all solicitations and contracts except for the acquisition of COTS items.
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(OCT 2024)
(IAW DFARS 205.470)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“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.
“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.
(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
See Schedule as Applicable
(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
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(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 _____( or See Schedule as Applicable).
(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 _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(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 ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(JAN 2025)
(IAW FAR 12.301(b)(4))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 4655).
__X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ __ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).
__X __ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(6) [Reserved] __ __ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__X __ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117-328).
__ __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
__X __ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
__ __ (11) (ii) Alternate I (DEC 2023) of 52.204–30.
__X __ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors
Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__X __ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved} __ __ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)(15 U.S.C.
657a).
__ __ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(17) [Reserved] __ __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)(15 U.S.C. 644).
__ __ (18) (ii) Alternate I (MAR 2020) OF 52.219-6.
__ __ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)(15 U.S.C. 644).
__ __ (19) (ii) Alternate I (MAR 2020) of 52.219-7.
__X __ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
X (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
__ __ (21) (ii) Alternate I (NOV 2016) of 52.219-9.
__ __ (21) (iii) Alternate II (NOV 2016) of 52.219-9.
__X __ (21) (iv) Alternate III (JUN 2020) of 52.219-9.
(21) (v) Alternate IV (JAN 2025) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (22) (ii) Alternate I (MAR 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).
__X __ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
__X __ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
(26) (ii) Alternate I (MAR 2020) of 52.219-28.
__ __ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.
637(m)).
__ __ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program
(OCT 2022) (15 U.S.C. 637(m)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.
644(r)).
(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
__ __ (31) 52.222-3, Convict Labor (JUN 2003)(E.O. 11755).
__X __ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
__ __ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__ __ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246)
(34) (ii) Alternate I (Feb 1999) of 52.222-26.
__X __ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.
4212).
(35) (ii) Alternate I (JUL 2014) of 52.222-35.
__X __ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(36) (ii) Alternate I (JUL 2014) of 52.222-36.
__X __ (37) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).
__X __ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
__X __ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
__ __ (39) (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ __ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _ (41) (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ __ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (45) 52.223-21, Foams (JUN 2016) (42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42
U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__X __ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (47) (ii) Alternate I (JAN 2017) of 52.244-3.
__ __ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
___ (48) (ii) Alternate I (OCT 2022) of 52.225-1.
__ __ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ _ (49) (ii) Alternate I [Reserved].
__ _ (49) (iii) Alternate II (JAN 2025) of 52.225-3.
__ _ (49) (iv) Alternate III (FEB 2024) of 52.225-3.
__ _ (49) (v) Alternate IV (OCT 2022) of 52.225-3.
__ __ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007)(42 U.S.C. 5150).
__ __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007)(42 U.S.C. 5150).
__X __ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY
2024) (E.O. 13513).
__X __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
__ __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__ __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__X __ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31.U.S.C. 3332).
__ __ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (JUL 2013)(31.U.S.C. 3332).
__ __ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ __ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__X __ (63) 52.240-1, Prohibition on Unmanned AircraftSystems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__X __ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ __ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)
(46 U.S.C. 55305 and 10 U.S.C. 2631).
__ _ (65) (ii) Alternate I (APR 2003) of 52.247-64.
(65) (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).
__ __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
__ __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O. 13706).
__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42
U.S.C. 1792).
___ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.
13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN
2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019) (IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)--ALTERNATE I
(DEC 2019)
(IAW DFARS 219.708(b)(1)(A)(2), DFARS 219.708(b)(1)(A)(1))
252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (DEC 2022)
(IAW DFARS 219.708(b)(1)(B))
(Applicable when the acquisition of supplies are expected to exceed the micro-purchase thresholds).
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
252.223-7009 PROHIBITION OF PROCUREMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM FIRE-FIGHTING AGENT FOR USE ON MILITARY INSTALLATIONS (MAR 2024)
(IAW DFARS 223.7404)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024)
(IAW DFARS 225.1101(2)(i) and (2)(ii))
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (JAN 2023)
(IAW DFARS 225.7003-5(a)(2), DFARS 212.301(f)(xxv))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)
(IAW DFARS 225.7002-3(a))
252.225-7061 RESTRICTION ON THE ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT
AND CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS (JAN 2023)
(IAW DFARS 225.7023-4)
(Applicable in solicitations and contracts that are for the acquisition of covered items, for use within the United States, and have an estimated value greater than $150,000)
252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS
(DEVIATION 2024-O0006, REVISION 1) (FEB 2024) (FEB 2024)
(IAW CLASS DEVIATION 2024-O0006, REVISION 1)
Applicable in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, valued above the simplified acquisition threshold.
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (AUG 2024) (DEVIATION 2024-O0014) (AUG 2024)
(IAW Deviation 2024-O0014)
(a) Definition. As used in this clause—
Covered foreign country means any of the following:
(1) The People’s Republic of China.
(2) The Russian Federation.
(3) The Islamic Republic of Iran.
(4) The Democratic People’s Republic of Korea.
(b) Prohibition. In accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 and section 817 of the NDAA for FY 2023, the Contractor shall not—
(1) Provide or use an unmanned aircraft system (UAS), or any related services or equipment, that—
(i) Is manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(iii) Uses a ground control system or operating software developed in a covered foreign country, or by an entity domiciled in a covered foreign country; or
(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, a covered foreign country;
(2) Provide or use a system for the detection or identification of a UAS, or any related services or equipment, that is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; or
(3) On or after October 1, 2024, be an entity that operates equipment, as determined by the Secretary of Defense, from—
(i) Da-Jiang Innovations, or any subsidiary or affiliate of Da-Jiang Innovations;
(ii) Any entity that produces or provides unmanned aircraft systems and is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce (https://www.trade.gov/consolidated-screening-list); or
(iii) Any entity that produces or provides unmanned aircraft systems and—
(A) Is domiciled in a covered foreign country; or
(B) Is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(End of clause)
(Applicable in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92) and section 817 of the NDAA for FY 2023 (Pub. L. 117-263).
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023)
(IAW DFARS 226.104)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
(IAW DFARS 232.7004(a))
(a) Definitions. As used in this clause— “Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.
(1) Contract financing payments include—
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include—
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.
“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
(1) Invoice payments include—
(i) Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.
(2) Invoice payments do not include contract financing payments.
“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.
“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(3) Direct input through the WAWF website.
(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—
(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or
(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
(Applicable to all solicitations and contracts over the micro-purchase threshold issued hereunder)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)
(IAW DFARS 243.205-71)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (NOV 2023)
(IAW DFARS 244.403)
(Applicable to solicitations and contracts for commercial items)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (OCT 2024)
(IAW DFARS 247.574(a) and (a)(1))
252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (JUN 2012)
(IAW DFARS 247.207)
ADDENDUM TO CLAUSE 52.212-4
5352.201-9101 OMBUDSMAN (JUN 2023)
(IAW DAFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties…
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