SPRTA126Q0263_SOL.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD20302600492PLN

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPRTA1-26-Q-0263

6. SOLICITATION ISSUE

DATE

26 MAR 2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME John Nolan

b. TELEPHONE NUMBER (No collect calls) (385 ) 591 -1668 ext.

8. OFFER DUE

DATE/LOCAL TIME

27APR2026

9. ISSUED BY CODE

DLA WEAPONS SUPPORT AT OKLAHOMA CIT

DLR PROCUREMENT OPERATIONS (AO)

3001 STAFF DRIVE

TINKER AFB OK 73145-3070

BUYER: John Nolan john.nolan.8@us.af.mil Phone: (385) 591- 1668

SPRTA1 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

336412

SIZE STANDARD:

1,500

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULEX

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

X 13b. RATING DO: A1 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

X

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

SCD:B

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

EFT:T

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. SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

Note: Offerors must be approved sources.

Note: IUID is required for this item.

Note: First Article requirement will not be waived except for manufacturers that have produced EXACT production articles and who's design has been approved through the First Article process.

Note: The Technicl Data Package for subject RFQ is available through www.sam.gov website.

Note: Offerors are REQUIRED to be "EXPORT CONTROLLED" certified in order to receive and view the drawings associated with this solicitation.

If an offeror intends to become Export Control Certified, a website for registration exists: https://www.dla.mil/Logistics-Operations/Services/JCP/.

(Use Reverse and/or Attach Additional Sheets as Necessary) Total

25. ACCOUNTING AND APPROPRIATION DATA

SEE FUNDS SCHEDULE

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION RECULATION) 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

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

31b. NAME OF CONTRACTING OFFICER (Type or print)30c. DATE SIGNED

XX

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

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.

30b. NAME AND TITLE OF SIGNER (Type or print)

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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:

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

X

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

STOCK RECORD (S/R) 40. PAID BY

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

COMPUTER GENERATED 3/26/2026, 9:23 AM

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

SPRTA1-26-Q-0263

SUPPLIES OR SERVICES AND PRICES/COSTS

The current required quantity is 32 each. However, the required quantity may change, therefore, the offeror shall provide proposed prices to the following ranges. If the quantity ranges provided in this solicitation do not provide the best pricing option, then the offeror shall submit quantity ranges which yield the best prices to the Government based on the Min quantity of 10 each and the Max quantity of 45 each. See FAR Clause 52.207-4. The final quantity of this solicitation will be re-evaluated upon receipt of the offeror's proposal and the closing of the solicitation.

INFORMATIONAL ONLY - CONE EXHAUST AIRCRAFT

Item No.

Firm Fixed Price

NSN: 2840-01-347-7857 OJ

CONE, EXHAUST AIRCRAFT

directs exhaust gas steel Manufacturer Part Number 63005 23052623 63005 23052623E 63005 6856819

9009H 2840PL1809202

Associated Document(s) Line Item(s)

FD20302600492PLN 0001

FD20302600492PLN 0002

FD20302600492PLN 0003

Priority: E Buy American Act/Balance of Payments Program IUID Required: Yes Class I ODS Substance Application/Use Quantity None None None

UID REQUIREMENT: The Government does not intend to tell contractors the specific data to be put into each mark. International Standards and MIL-STD-130 provide the guidance needed by the contractor to determine what information is required within the mark and acceptable formats for applying the mark. It is the contractor's discretion on which UID construct to use according to current business practices. Still, "The preferred format for Unique Identification (UID) is Construct 2 (Issuing Agency Code, Enterprise Identification [CAGE Code], Original Part Number, and Serial Number) as set forth by MIL-STD-130N (or later revision) and the DOD Guide to Uniquely Identifying Items, version 3.0, December 2014 (or later revision). UID shall be in addition to the original Human Readable Information and applied using comparable marking methods.

Application of UID markings shall in no way compromise item integrity."

Note: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

FIRST ARTICLE GOVT TESTING

Bid A First Article Required Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

3 EA

CLIN ACRN ACRN Total

0001AA AA

NSN: 2840013477857 OJ

FIRST ARTICLE GOVT TESTING

Bid A First Article Required

CONE, EXHAUST AIRCRAFT

Associated Document(s) Line Item(s)

FD20302600492PLN 0002

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection 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 PAA FA Mont Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

A FY2303 3 EA *180 Calendar Days NonMilStrip

Proposed Delivery

A FY2303 3 EA

Note: The quantity of First Articles exhibits for Line Item 0001AA will be considered in addition to the production quantity if the First Articles are approved by the Government as required by FAR Clause 52.209-4.

Note: Approved First Articles will not serve as a manufacturing standard.

Note: Special Requirement/Production Facilities are not required.

Note: One (1) First Article will be expended in testing. Residual components of disapproved First Article will be retained by AFMC.

Note: Disapproved First Articles will be returned to the contractor.

Note: Refer to the attached First Article Form 260 for additional information.

FIRST ARTICLE TEST REPORT

Bid A First Article Required Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AB AA

Data First Article Test Report

FIRST ARTICLE TEST REPORT

Bid A First Article Required Associated Document(s) Line Item(s)

FD20302600492PLN 0003

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 FA Mont Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A FY2303 1 LO *180 Calendar Days

Proposed Delivery

A FY2303 1 LO

Note: Government approval or disapproval for the Test Report will be provided within 45 calendar days of the date the Government receives the Test Report. This Line Item may only be invoiced after Government approval.

Note: For Test Report preparation and delivery untilize the attached Data Item Description DI-NDTI-80809B.

Note: Refer to the attached Contract Data Requirements List (CDRL) for Test Report additional information and requirements.

PRODUCTION UNITS CONE EXHAUST

Bid A First Article Required Item No.

0001AC

Firm Fixed Price From Quantity U/I To Quantity Unit Price

32 EA

Quantity Range A

1 EA 10 EA

Quantity Range B

11 EA 25 EA

Quantity Range C

26 EA 35 EA

Quantity Range D

PRODUCTION UNITS CONE EXHAUST

Bid A First Article Required

36 EA 45 EA

CLIN ACRN ACRN Total

0001AC AA

NSN: 2840013477857 OJ

CONE, EXHAUST AIRCRAFT

Associated Document(s) Line Item(s)

FD20302600492PLN 0001

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Receiving Report Required Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program

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 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

A SW3211 5 EA 31 OCT 2026 NonMilStrip

A SW3211 5 EA 30 NOV 2026 NonMilStrip

A SW3211 5 EA 30 DEC 2026 NonMilStrip

A SW3211 5 EA 30 JAN 2027 NonMilStrip

A SW3211 5 EA 28 FEB 2027 NonMilStrip

A SW3211 5 EA 28 MAR 2027 NonMilStrip

A SW3211 2 EA 28 APR 2027 NonMilStrip

Proposed Delivery

A SW3211 5 EA

A SW3211 5 EA

A SW3211 5 EA

PRODUCTION UNITS CONE EXHAUST

Bid A First Article Required

A SW3211 5 EA

A SW3211 5 EA

A SW3211 2 EA

CONE, EXHAUST WITHOUT FIRST ARTICLES

Bid B First Article NOT Required Item No.

0001AD

Firm Fixed Price From Quantity U/I To Quantity Unit Price

32 EA

Quantity Range A

1 EA 10 EA

Quantity Range B

11 EA 25 EA

Quantity Range C

26 EA 35 EA

Quantity Range D

36 EA 45 EA

CLIN ACRN ACRN Total

0001AD AA

NSN: 2840013477857 OJ

CONE, EXHAUST AIRCRAFT

Associated Document(s) Line Item(s)

FD20302600492PLN 0001

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Receiving Report Required Quality Assurance: Standard Inspection Buy American Act/Balance of Payments Program

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 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

A SW3211 PAA ACCT 09

CONE, EXHAUST WITHOUT FIRST ARTICLES

Bid B First Article NOT Required Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

A SW3211 5 EA 31 OCT 2026 NonMilStrip

A SW3211 5 EA 30 NOV 2026 NonMilStrip

A SW3211 5 EA 30 DEC 2026 NonMilStrip

A SW3211 5 EA 30 JAN 2027 NonMilStrip

A SW3211 5 EA 28 FEB 2027 NonMilStrip

A SW3211 5 EA 28 MAR 2027 NonMilStrip

A SW3211 2 EA 28 APR 2027 NonMilStrip

Proposed Delivery

A SW3211 5 EA

A SW3211 5 EA

A SW3211 5 EA

A SW3211 5 EA

A SW3211 5 EA

A SW3211 2 EA

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A FY2303

FY2303 DDOO SOP FIRST ARTICLE

7330 SENTRY BLVD BLDG 469 DOOR 12

CP 4058553961

TINKER AFB OK 731458000

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 731458000

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))

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)

(IAW Class Deviation 2024-O0013 Rev. 1)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

(IAW DFARS 204.2105(c))

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))

(a) . 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/uniqueid.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/uniqueid.html.

(c)

(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 252.2327003. 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

(DEVIATION 2025-O0003 and 2025-O0004) (MAR 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) 52.20319,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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 11591).

(3) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115232).

(4) 52.20910, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.23240, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.2333, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.2334, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 10877, 10878 (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:

__ __ (1) 52.2036, 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).

__ __ (2) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

__ __ (3) 52.20315, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 1115). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ __ (4) 52.20317, 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) 52.20410, Reporting Executive Compensation and FirstTier Subcontract Awards (JUN 2020) (Pub. L. 109282) (31 U.S.C. 6101 note).

(6) [Reserved] __ __ (7) 52.20414, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111117, section 743 of Div. C).

__ __ (8) 52.20415, Service Contract Reporting Requirements for IndefiniteDelivery Contracts

(OCT 2016) (Pub. L. 111117, section 743 of Div. C).

__X __ (9) 52.20427, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117328).

__ __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and MultiAgency 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) 52.2096, 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).

__ __ (13) 52.2099, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved} __ __ (15) 52.2193, Notice of HUBZone SetAside or SoleSource Award (OCT 2022)(15 U.S.C.

657a).

__ __ (16) 52.2194, 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) 52.2196, Notice of Total Small Business SetAside (NOV 2020)(15 U.S.C. 644).

__ __ (18) (ii) Alternate I (MAR 2020) OF 52.2196.

__ __ (19) (i) 52.2197, Notice of Partial Small Business SetAside (NOV 2020)(15 U.S.C. 644).

__ __ (19) (ii) Alternate I (MAR 2020) of 52.2197.

__ __ (20) 52.2198, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

(21) (i) 52.2199, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

__ __ (21) (ii) Alternate I (NOV 2016) of 52.2199.

__ __ (21) (iii) Alternate II (NOV 2016) of 52.2199.

__ __ (21) (iv) Alternate III (JUN 2020) of 52.2199.

(21) (v) Alternate IV (JAN 2025) of 52.2199.

__ (22) (i) 52.21913, Notice of SetAside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (22) (ii) Alternate I (MAR 2020) of 52.21913.

__ (23) 52.21914, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).

__ __ (24) 52.21916, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (25) 52.219–27, Notice of SetAside for, or SoleSource Award to, ServiceDisabled Veteran

Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__X __ (26) (i) 52.21928, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

(26) (ii) Alternate I (MAR 2020) of 52.21928.

__ __ (27) 52.21929, Notice of SetAside for, or SoleSource Award to, Economically

Disadvantaged WomenOwned Small Business Concerns (OCT 2022) (15 U.S.C.

637(m)).

__ __ (28) 52.21930, Notice of SetAside for, or SoleSource Award to, WomenOwned Small Business Concerns Eligible Under the WomenOwned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

(29) 52.21932, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(30) 52.21933, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

__ __ (31) 52.2223, Convict Labor (JUN 2003)(E.O. 11755).

__X __ (32) 52.22219, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.

13126).

___ (33) [Reserved] ___ (34) [Reserved] __X __ (35) (i) 52.22235, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.

4212).

(35) (ii) Alternate I (JUL 2014) of 52.22235.

__X __ (36) (i) 52.22236, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(36) (ii) Alternate I (JUL 2014) of 52.22236.

__X __ (37) 52.22237, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).

__ __ (38) 52.22240, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__X __ (39) (i) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

__ __ (39) (ii) Alternate I (MAR 2015) of 52.22250 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (40) 52.22254, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available offtheshelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ __ (41) (i) 52.2239, Estimate of Percentage of Recovered Material Content for EPADesignated Items (MAY 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available offtheshelf items.)

__ _ (41) (ii) Alternate I (MAY 2008) of 52.2239 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available offtheshelf items.)

__X __ (42) 52.22311, OzoneDepleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

__ __ (43) 52.22312, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

__X __ (44) 52.22320, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

__X __ (45) 52.22321, Foams (JUN 2016) (42 U.S.C. 7671, et seq.).

__X (46) 52.22323, Sustainable Products and Services (MAR 2025) (DEVIATION 2025O0004)) (7

U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__X __ (47) (i) 52.2243, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (47) (ii) Alternate I (JAN 2017) of 52.2443.

__ __ (48) (i) 52.2251, Buy AmericanSupplies (OCT 2022) (41 U.S.C. chapter 83).

___ (48) (ii) Alternate I (OCT 2022) of 52.2251.

__ __ (49) (i) 52.2253, Buy AmericanFree Trade AgreementsIsraeli 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 45014732), Public Law 103182, 10877, 10878, 108286, 108302, 10953, 109169, 109283, 110138, 11241, 112 42, and 11243.

__ _ (49) (ii) Alternate I [Reserved].

__ _ (49) (iii) Alternate II (JAN 2025) of 52.2253.

__ _ (49) (iv) Alternate III (FEB 2024) of 52.2253.

__ _ (49) (v) Alternate IV (OCT 2022) of 52.2253.

__ __ (50) 52.2255, Trade Agreements (NOV 2023) (19 U.S.C. 2501, , 19 U.S.C. 3301 note).

__X __ (51) 52.22513, 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) 52.22526, 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) 52.2264, Notice of Disaster or Emergency Area SetAside (NOV 2007)(42 U.S.C. 5150).

__ __ (54) 52.2265, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007)(42 U.S.C. 5150).

__X __ (55) 52.2268, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) (E.O. 13513).

__ __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

__ __ (57) 52.23229, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).

__ __ (58) 52.23230, Installment Payments for Commercial Products and Commercial Services

(NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).

__X __ (59) 52.23233, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31.U.S.C. 3332).

__ __ (60) 52.23234, Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013)(31.U.S.C. 3332).

__ __ (61) 52.23236, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ __ (62) 52.2391, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__X __ (63) 52.2401, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone ActCovered Foreign Entities (Nov 2024) (Sections 18211826, Pub. L. 11831, 41 U.S.C. 3901 note prec.).

__ __ (64) 52.2425, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ __ (65) (i) 52.24764, 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 52.24764.

(65) (iii) Alternate II (NOV 2021) of 52.24764.

(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:

__ __ (1) 52.22241, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ __ (2) 52.22242, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (3) 52.22243, Fair Labor Standards Act and Service Contract Labor StandardsPrice

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (4) 52.22244, 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) 52.22251, 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) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__ __ (7) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ __ (8) 52.22262, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O. 13706).

__ __ (9) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42

U.S.C. 1792).

___ (10) 52.24769, Reporting Requirement for U.S.Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(d) . 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 52.2152, 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) 52.20313, 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) 52.20319, 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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.20423, 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) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115232).

(vi) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117328).

(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) 52.2198, 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 52.2198 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.22235, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.22236, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.22237, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.22240, 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 52.22240.

(xv) 52.22241, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xvi)(A) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.22250 (22 U.S.C. chapter 78 E.O. 13627).

(xvii) 52.22251, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain EquipmentRequirements (May 2014) (41 U.S.C. chapter 67.)

(xviii) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May 2014) (41 U.S.C. chapter 67)

(xix) 52.22254, Employment Eligibility Verification (Jan 2025) (E.O. 12989).

(xx) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xxi) 52.22262, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.2243.

(xxiii) 52.22526, 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) 52.2266, 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 52.2266.

(xxv) 52.23240, 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 52.23240.

(xxvi) 52.2401, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone ActCovered Foreign Entities (Nov 2024) (Sections 18211826, Pub. L.

11831, 41 U.S.C. 3901 note prec.).

(xxvii) 52.24764, Preference for PrivatelyOwned 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 52.24764.

(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.

252.223-7008 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))

252.225-7061 RESTRICTION ON THE ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT

AND CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS (JAN 2023)

(IAW DFARS 225.7023-4)

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) As used in this clause— 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) . 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) DaJiang Innovations, or any subsidiary or affiliate of DaJiang 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 ( ); 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) . 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)

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) Performancebased payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.23216, 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 52.2325, Payments Under FixedPrice Construction Contracts, or the clause at FAR 52.23210, Payments Under FixedPrice ArchitectEngineer 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 52.23225, 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 52.2325, Payments Under FixedPrice Construction Contracts, and the clause at 52.23210, Payments Under FixedPrice ArchitectEngineer Contracts; and

(iv) Interim payments under a costreimbursement contract for services when Alternate I of the clause at 52.23225, 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 DoDapproved 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)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (NOV 2023)

(IAW DFARS 244.403)

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 52.2124

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 a source of 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 interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) The Competition Advocate (CA) at each contracting activity/office (as defined in DLAD 2.101) shall act as the ombudsman and attempt to resolve contractor complaints. DLA AVIATION – AOCA’s CA/ombudsman can be reached at 385-591-1672, facsimile (405) 734- 8129. Complaints which cannot be resolved shall be forwarded to the HQ through J-72 for resolution by the DLA competition advocate. Each activity is responsible for developing procedures for executing the duties and responsibilities of its local ombudsman.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed at the contracting officer.

(The above Clause/Provision has been modified.)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022)

(IAW DFARS 203.970)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(IAW FAR 4.1903)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(IAW FAR 4.2004)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(IAW 4.2105(b))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

(IAW DFARS 204.7304(e))

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

(a) At the conclusion of all applicable closeout requirements of Federal Acquisition Regulation 4.804, the Government and Contractor shall mutually agree on the residual dollar amount remaining on the contract. Both the Government and Contractor agree to waive payment of any residual dollar amount of $1,000 or less to which either party may be entitled at the time of contract closeout.

(b) A residual dollar amount includes all money owed to either party at the end of the contract and as a result of the contract, excluding amounts connected in any way with taxation or a violation of law or regulation.

(c) For purposes of determining residual dollar amounts, offsets (e.g., across multiple contracts or orders) may be considered only to the extent permitted by law.

52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)

(IAW FAR 9.308-2(a)(1), FAR 9.308-2(b)(1))

(a) The Contractor shall deliver ** units(s) of Lot/Item * within *** calendar days from the date of this contract to the Government at **** for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

First Article Item **Quantity ***Calendar Days ****Type/Location

0001AA 3 180 FY2303

(b) Within ** calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item **Approval Days ELIN No.

0001AA 45

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2)…