SPRTA127R0240.pdf
PDF 599 KB Posted
- Solicitation number
- SPRTA127R0240
- Issued by
-
Defense Logistics Agency Aviation
About this file
Summary: Solicitation SPRTA1-27-R-0240
This is a Standard Form 1447 federal contract solicitation issued by DLA Weapons Support at Oklahoma City for the procurement of new manufactured aircraft parts and auxiliary equipment. The solicitation seeks 10 each (with a quantity range of 5 to 15) of a linear direct valve (NSN: 4810-01-148-2014 HS, Manufacturer Part Number 50010-11) on a firm fixed-price basis. The offer must be held firm for 120 days from the solicitation date of November 23, 2026, with a deadline of 3:00 PM that same day. The required delivery date is September 11, 2028, with F.O.B. delivery to DLA Distribution Depot Oklahoma at Tinker AFB, Oklahoma 73145-8000. The contract is rated under the Defense Priorities and Allocations System (DPAS) with a "DO: A1" priority designation and is unrestricted (full and open competition). FY27 funds apply to this requirement, and no award can be made until those funds become available. Early or partial delivery is acceptable at no additional cost.
Key compliance requirements include Buy American Act/Balance of Payments Program adherence, Unique Item Identification (IUID) marking per MIL-STD-130N in Construct 2 format, critical safety item compliance (the valve is designated as an aviation critical safety item), and higher-level contract quality requirements. The item is new manufactured material requiring origin inspection and acceptance. Quotations must include valid evidence from the original equipment manufacturer (OEM) authorizing the contractor to provide the item to the U.S. Government; quotes without such documentation will be considered non-responsive. The procurement is administered by DLA Procurement Operations at Tinker AFB, with buyer Kevin Howe (kevin.howe.1@us.af.mil, 385-591-1599) as the primary contact. The solicitation incorporates numerous standard FAR and DFARS clauses addressing representations, certifications, small business considerations, payment terms, quality assurance, and various regulatory compliance matters.
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N
(Agency Use)
ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES
IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A
DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE
CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE
ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT
SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN.
ADMINISTERED BY CODE
CONTRACTOR
OFFEROR
CODE FACILITY
CODE
PAYMENT WILL BE MADE BY CODE
TELEPHONE NUMBER
UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
PROMPT PAYMENT DISCOUNT AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 3204(a) 41 U.S.C. 253
UNDER THE UNITED STATES CODE AT: ( ) ( )
ITEM NUMBER SCHEDULE OF
SUPPLIES/SERVICES
QUANTITY UNIT UNIT PRICE AMOUNT
ACCOUNTING AND APPROPRIATION DATA TOTAL AWARD AMOUNT
(For Government Use Only)
CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT TO THE TERMS AND
CONDITIONS SPECIFIED HEREIN.
AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES
WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
SIGNATURE OF OFFEROR/CONTRACTOR 28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
NAME AND TITLE OF SIGNER (Type or Print) DATE SIGNED NAME OF CONTRACTING OFFICER
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 12/2022)
DO: A1
X
SPRTA1-27-R-0240
DLA WEAPONS SUPPORT AT OKLAHOMA CIT
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 73145-3070
BUYER: Kevin Howe/DLA/AOBA kevin.howe.1@us.af.mil Phone: (385) 591- 1599
SPRTA1
CLASSIFICATION
336413
1,250
SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE
BLOCKS 11, 13, 15, 21, 22, and 27
1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at
15 CFR 700.
RATING PAGE OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. SOLICITATION NUMBER 5. SOLICITATION TYPE
SEALED BIDS
(IFB) INVITATION
FOR BID
NEGOTIATED
(RFP) REQUEST
FOR PROPOSAL
6. SOLICITATION
ISSUE DATE
7. ISSUED BY CODE 8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
NO COLLECT CALLS
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
HISTORICALLY ELIGIBLE UNDER THE WOSB PROGRAM
UNDERUTILIZED ECONOMICALLY DISADVANTAGED
BUSINESS ZONE WOMEN-OWNED SMALL BUSINESS (EDWOSB)
(HUBZone) SMALL BUSINESS NORTH AMERICAN INDUSTRY CLASSIFICATIO
SERVICE-DISABLED VETERAN- SYSTEM (NAICS):
OWNED SMALL BUSINESS
8(A) SIZE STANDARD:
LATE OFFERS ARE SUBJECT TO LATE PROPOSAL PROVISIONS INCORPORATED HEREIN. ALL OFFERS ARE SUBJECT TO SUCH PROVISIONS, REPRESENTATIONS, CERTIFICATIONS AND SPECIFICATIONS AS ARE ATTACHED OR INCORPORATED BY REFERENCE. SOLICITATION: OFFERS WILL BE RECEIVED AT THE ISSUING OFFICE UNTIL
23-NOV-2026 3:00PM
Other Aircraft Part and Auxiliary Equipment Manufacturing X
SCD:B
(SEE ESP CLAUSE 252.232-7003.)
EFT:T
X
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
FY27 funds apply to this requirement. No award can be made until FY27 funds become available.
Early or partial delivery is acceptable at no additional cost to the Government.
SEE LINE ITEM SCHEDULE
Total
SEE SCHEDULE
X
DATE SIGNED
Prescribed by GSA FAR (48 CFR) 53.214(d)
NO RESPONSE FOR REASONS CHECKED
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
UNABLE TO IDENTIFY THE ITEM(S) DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS
INVOLVED
OTHER (Specify)
WE DO
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVED
NAME AND ADDRESS OF FIRM (Include ZIP Code) SIGNATURE
TYPE OR PRINT NAME AND TITLE OF SIGNER
FROM: AFFIX
STAMP
HERE
TO:
SOLICITATION NUMBER
DATE AND LOCAL TIME
ATTN: Kevin Howe/DLA/AOBA
DLA WEAPONS SUPPORT AT OKLAHOMA CIT
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 731453070
SPRTA127R0240
23 NOV 2026 3:00 PM
STANDARD FORM 1447 (REV. 12/2022) BACK
SPRTA127R0240
PART I THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Note 1: Range Quantity The current Best Estimated Quantity (BEQ) is 10 each. However, the required quantity may change prior to award based on the overall quantity range of minimum 5 each to maximum 15 each. If this quantity range does not provide the best pricing option then the offeror shall submit separate quantity ranges that yield the best prices to the Government based on the ranged stated above. The BEQ will be evaluated upon receipt of proposal, and the final required quantity will be communicated to the offeror.
Note 2: UID Requirement The Government does not intend to tell contractors the specific data to be put into each mark.
International Standards and MILSTD130 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 MILSTD130N (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 3: The data rights for this item are not owned by the Government. Permission for providing (manufacturing or distributing) the item must be attained from the OEM. Quotes provided without valid evidence from the OEM giving specific expressed permission to provide the item to the U.S. Government, will be considered nonresponsive.
New Manufactured Material
Item No.
Firm Fixed Price Best Estimated Qty
U/I Unit Price Amount
10 EA
NSN: 4810011482014 HS
VALVE,LINEAR,DIRECT
Manufacturer Part Number 99643 5001011 Associated Document(s) Line Item(s)
FD20302700240ADV 0001
Priority: R
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 IUID Required: Yes
New Manufactured Material
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For
A SW3211 PAA ACCOUNT 09
Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 10 EA 11 SEP 2028 NonMilStrip
Proposed Delivery
A SW3211 10 EA
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: A SW3211
DLA DISTRIBUTION DEPOT OKLAHOMA
3301 F AVE CEN REC BLDG 506 DR 22
TINKER AFB OK 731458000
TINKER AFB OK 731458000
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:
PART I THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.2462 INSPECTION OF SUPPLIESFIXEDPRICE (AUG 1996)
(IAW FAR 46.302)
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(IAW FAR 46.311, DFARS 246.202-4(1))
(a) The Contractor shall comply with the higherlevel quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*
Title Number Date Tailoring *See Individual Line Item Schedule
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR FILLIN]
Item No(s): See schedule for items with the following code(s) listed below :
Inspection Code and Address:
PART I THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b))
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-29 F.O.B. ORIGIN (FEB 2006)
(IAW FAR 47.303-1(c))
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address
[CONTRACTOR FILLIN]
PART I THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (standalone) and “Receiving Report” (standalone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 8666185988.
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 97 X4930 .FC04 64 6 47 GT 15B01B 01N000 00000 GGGTTT 503000 F03000 $0.00
ACRN TOTAL $ 0.00
PART II CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
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 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, employeeemployer actions, contests of OMB Circular A76 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/AOB’s CA/ombudsman can be reached at (385)5911672.
Complaints which cannot be so resolved shall be forwarded to the HQ through J72 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 to the contracting officer.
(The above Clause/Provision has been modified.)
52.202-1 DEFINITIONS (JUN 2020)
(IAW FAR 2.201)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
(IAW FAR 3.503-2)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
(IAW FAR 3.502-3)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
(IAW FAR 3.808(b))
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (JAN 2023)
(IAW DFARS 203.570-3)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
(IAW FAR 4.1403(a))
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b))
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))
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(IAW FAR 4.2203)
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION
(DEC 2023)
(IAW FAR 4.2306(c))
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
(IAW DFARS 204.404-70(a))
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
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)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
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)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY (JAN 2025)
(IAW FAR 9.409)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
(IAW FAR 9.104-7(c))
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
(IAW DFARS 209.409)
252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(IAW DFARS 209.270-5)
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
Line Item Description
0001 CSI: Line Item 0001 / PN 5001011
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.302)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
(IAW FAR 11.604(b))
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
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/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) 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 252.2327003. 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.
52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)
(IAW FAR 15.209(b)(1))
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h))
52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021)
(IAW FAR 15.408(f)(1))
52.215-14 INTEGRITY OF UNIT PRICES -- ALTERNATE I (OCT 1997)
(IAW FAR 15.408(f)(2))
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025)
(IAW FAR 19.708(a))
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025)
(IAW FAR 19.708(b))
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN -- ALTERNATE II (NOV 2016)
(IAW FAR 19.708(b)(1)(ii))
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (SEP 2021)
(IAW FAR 19.708(b)(2))
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)
(IAW FAR 19.309(c)(1))
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a womenowned small business concern.
(4) Womenowned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(5) Economically disadvantaged womenowned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) and through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteranowned small business concern.
(7) [Complete only if the Contractor represented itself as a veteranowned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a servicedisabled veteranowned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture.
[The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _________________________________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer’s name and title.]
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))
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2025)
(IAW FAR 22.1505(b))
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1))
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(IAW FAR 22.1408(a))
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
(IAW FAR 22.1310(b))
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
(IAW FAR 22.1605)
52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2025)
(IAW FAR 22.1705(a)(1))
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)
(IAW FAR 22.1803)
(c) Web site. Information on registration for and use of the EVerify program can be obtained via the Internet at the Department of Homeland Security Web site: https://www.eVerify.gov .
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL
HYDROFLUOROCARBONS (MAY 2024)
(IAW FAR 23.109(d)(1))
(a) Definitions. As used in this clause “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (https://www.epa.gov/snap/).
“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.
“Ozonedepleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozonedepleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:
Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.
52.223-20 AEROSOLS (MAY 2024)
(IAW FAR 23.109(d)(3))
52.223-21 FOAMS (MAY 2024)
(IAW FAR 23.109(d)(4))
52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (DEVIATION 2025-O0004) (MAR 2025)
(IAW 23.109(a))
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)
52.224-3 PRIVACY TRAINING (JAN 2017)
(IAW FAR 24.302(a))
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
(IAW FAR 25.1103(a))
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024)
(IAW DFARS 225.1101(2)(i) and (2)(ii))
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022)
(IAW DFARS 225.1101(3))
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
(IAW DFARS 225.7003-5(a)(1), DFARS 212.301(f)(xxiv))
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))
252.225-7013 DUTY-FREE ENTRY (AUG 2025)
(IAW DFARS 225.1101(4))
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND
TUNGSTEN (MAY 2024)
(IAW DFARS 225.7018-5)
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)
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (AUG 2024) (DEVIATION 2024-O0014) (AUG 2024)
(IAW Deviation 2024-O0014)
52.226-7 DRUG-FREE WORKPLACE (MAY 2024)
(IAW FAR 26.506)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (MAY 2024)
(IAW FAR 26.605)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023)
(IAW DFARS 226.104)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
(IAW FAR 27.201-2(a)(1))
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
(IAW FAR 27.201-2(b))
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(IAW FAR 29.401-3(a))
52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)
(FEB 2013)
(IAW FAR 29.401-3(b))
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
(IAW 29.402-3(b))
252.229-7014 FULL EXEMPTION FROM TWO-PERCENT EXCISE TAX ON CERTAIN FOREIGN
PROCUREMENTS. (OCT 2022)
(IAW DFARS 229-402(k))
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
(IAW DFARS 231.100-70)
52.232-1 PAYMENTS (APR 1984)
(IAW FAR 32.111(a)(1))
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(IAW FAR 32.111(b)(1))
52.232-11 EXTRAS (APR 1984)
(IAW FAR 32.111(c)(2))
52.232-17 INTEREST (MAY 2014)
(IAW FAR 32.611(a), FAR 32.611(b))
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
(IAW FAR 32.706-1(a))
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(IAW FAR 32.806(a)(1))
52.232-25 PROMPT PAYMENT (JAN 2017)
(IAW FAR 32.908(c))
(a) Invoice payments—
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
(IAW FAR 32.1110(a)(1))
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(IAW FAR 32.706-3)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
(IAW FAR 32.009-2)
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—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;
(2) DoD is unable to receive a payment request or provide acceptance in electronic form;
(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or
(4) DoD makes a 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).
(d) The Contractor shall submit any nonelectronic payment requests using the method or methods specified in Section G of the contract.
(e) 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)
52.233-1 DISPUTES (MAY 2014)
(IAW FAR 33.215)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(IAW FAR 33.106(b))
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(IAW FAR 33.215(b))
52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR
ASSEMBLED BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN
ENTITIES (NOV 2024)
(IAW FAR 40.202-8)
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
(IAW FAR 42.1504)
52.242-13 BANKRUPTCY (JUL 1995)
(IAW FAR 42.903)
52.243-1 CHANGES--FIXED-PRICE (AUG 1987)
(IAW FAR 43.205(a)(1))
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
(IAW DFARS 243.205-70)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)
(IAW DFARS 243.205-71)
52.244-5 COMPETITION IN SUBCONTRACTING (AUG 2024)
(IAW FAR 44.204(c))
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(DEVIATION 2025-O0003) (MAR 2025)
(IAW FAR 44.403)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (NOV 2023)
(IAW DFARS 244.403)
52.246-26 REPORTING NONCONFORMING ITEMS (AUG 2024)
(IAW FAR 46.317)
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)
(IAW DFARS 246.370(a), DFARS 212.301(f)(xii))
252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE
SYSTEM (JAN 2023)
(IAW DFARS 246.870-3(a))
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
(IAW FAR 47.104-4(a), FAR 47.104-4(b))
52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)
(IAW FAR 47.208-2)
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)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 2012)
(IAW FAR 49.502(b)(1)(i))
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(IAW FAR 49.504(a)(1))
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
(IAW FAR 52.107(b))
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Regulations URLs: (Click on the appropriate regulation.)
https://acquisition.gov/browse/index/far https://acquisition.gov/dfars https://acquisition.gov/affars
NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(IAW FAR 53.111)
52.22290 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)
(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities.
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause.
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts.
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer.
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, for which the place of delivery or performance is in the United States.
(End of clause)
252.2257961 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM,
AND TUNGSTEN (JUN 2026) (DEVIATION 2026O0041)
(a) Definitions. As used in this clause— Assembly means an item forming a portion of a system or subsystem that—
(1) Can be provisioned and replaced as an entity; and
(2) Incorporates multiple, replaceable parts.
Commercially available offtheshelf item—
(1) Means any item of supply that is—
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in section 2.101 of the Federal Acquisition Regulation);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means any item supplied to the Government as part of an end item or of another component.
Covered country means—
(1) The Democratic People’s Republic of North Korea;
(2) The People’s Republic of China;
(3) The Russian Federation; or
(4) The Islamic Republic of Iran.
Covered material means—
(1) Samariumcobalt magnets;
(2) Neodymiumironboron magnets;
(3) Tantalum metals and alloys;
(4) Tungsten metal powder; and
(5) Tungsten heavy alloy or any finished or semifinished component containing tungsten heavy alloy.
Electronic device means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.
End item means the final production product when assembled or completed and ready for delivery under a line item of this contract.
Subsystem means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.
Tungsten heavy alloy means a tungsten base pseudo alloy that—
(1) Meets the specifications of ASTM B777 or SAEAMST21014 for a particular class of tungsten heavy alloy; or
(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickeliron or nickelcopper) and has density of at least 16.5 g/cm3).
(b) Restriction.
(1) Except as provided in paragraph (c) of this clause—
(i) The Contractor shall not deliver under this contract any covered material melted or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material; and
(ii) The Contractor shall not deliver under a contract awarded on or after January 1, 2027, any covered material mined, refined, or separated in any covered country.
(2) (i) For samariumcobalt magnets and neodymiumironboron magnets, this restriction includes—
(A) Melting samarium with cobalt to produce the samariumcobalt alloy or melting neodymium with iron and boron to produce the neodymiumiron boron alloy; and
(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and magnetization.
(ii) The restriction on melting and producing of samariumcobalt magnets is in addition to any applicable restrictions on melting of specialty metals if the clause at 252.2257009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in the contract.
(3) For production of tantalum metals of any kind and alloys, this restriction includes the reduction or melting of any form of tantalum to create tantalum metal including unwrought, powder, mill products, and alloys. The restriction also covers all subsequent phases of production of tantalum metals and alloys.
(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes–
(i) Atomization;
(ii) Calcination and reduction into powder;
(iii) Final consolidation of nonmelt derived metal powders; and
(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semifinished component containing tungsten heavy alloy.
(c) Exceptions. This clause does not apply—
(1) To an end item containing a covered material that is—
A commercially available offtheshelf item, other than—
(A) A commercially available offtheshelf item that is—
(1) 50 percent or more tungsten by weight effective through December 31, 2026; or
(2) 50 percent or more covered material by weight effective January 1, 2027;
(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
(ii) Effective January 1, 2027, a covered material that is a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
(iii) An electronic device, unless otherwise specified in the contract; or
(iv) A neodymiumironboron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.
(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.70184 of the Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.
(i) For tantalum metal, tantalum alloy, or tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract.
(ii) For samariumcobalt magnets or neodymiumironboron magnets, the term “required form” refers to the form and properties of the magnets.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that are for items containing a covered material, including subcontracts and other contractual instruments for commercial products, unless an exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties.
(End of clause)
52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATE DISPUTE RESOLUTION (ADR)
(DLAD)
(DEC 2016) (IAW DLADFARS 33.214)
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise under FAR 52.2331, Disputes. If unassisted negotiations are unsuccessful, the parties may use alternative dispute resolution (ADR) techniques to try to resolve the dispute. A party may pursue litigation with respect to a dispute upon the occurrence of any of the following: (i) ADR is attempted and does not fully resolve the dispute; (ii) the other party has documented, in accordance with paragraph (b), that ADR is inappropriate for resolving the dispute; (iii) a party delivers a written request to use ADR and the other party fails, within thirty (30) calendar days after receipt of that request, to agree in writing to participate in ADR and/or to the ADR procedure, ADR neutral, and schedule, in which case ADR shall be deemed unsuccessful and declined by the nonresponding party; or (iv) a party reasonably determines that submitting a claim, filing an appeal, or commencing litigation is necessary to preserve a statute of limitations or any other statutory or contractual filing or appeal deadline, including without limitation the sixyear claim submission period under 41 U.S.C. § 7103(a)(4), the 90day appeal period to an agency Board of Contract Appeals under 41 U.S.C. § 7104(a), or the 12month filing period at the U.S. Court of Federal Claims under 41 U.S.C. § 7104(b)(3). No action taken under this paragraph shall constitute a breach of this provision or a waiver of either party's obligation to pursue ADR.
Upon making any protective filing under subparagraph (iv), the parties may, to the extent permitted, continue to pursue or remain available for ADR, and the parties may agree to stay the proceeding pending completion of ADR.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.2331), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate. A party's failure to respond to a written ADR request as described in paragraph (a)(iii), or its failure to participate in agreed ADR proceedings in good faith, shall be treated as a determination that ADR is inappropriate and shall entitle the other party to proceed with litigation without further precondition.
(c) Neither the pursuit of ADR nor any deadline in this provision shall waive, release, or obstruct any claim, defense, or right of appeal. This provision does not modify or replace the Contractor's obligation to submit written claims to the Contracting Officer in accordance with FAR 52.2331 and 41 U.S.C. § 7103, and ADR shall not be deemed a substitute for such submission. Nothing in this provision requires a party to continue ADR after an impasse has been reached or precludes a party from seeking injunctive or other equitable relief where necessary to preserve its rights. A Contracting Officer's failure to issue a timely final decision on a claim within the period required by 41 U.S.C. § 7103(f) shall constitute a deemed denial in accordance with 41 U.S.C. § 7103(f)(5), and the Contractor may appeal or file suit on the basis of such deemed denial regardless of whether ADR proceedings are pending. Interest on any claim shall accrue from the date the Contracting Officer receives the claim in accordance with 41 U.S.C. § 7109, and the pendency of ADR proceedings shall not affect such accrual.
(d) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.
(End of clause)
PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J
LIST OF ATTACHMENTS
Form Number Description/File…
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