DRAFT RFP- W51AA126RA002 .pdf

DRAFT

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

Created On:

09 Jan 2026, 12:36 PM Central Standard Time

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

TYAD 2026 Construction MATOCInstrument Name:

W51AA126RA002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Multiple Award Task Order Contract (MATOC) for maintenance, repair, and minor construction services in support of Tobyhanna Army Depot, Tobyhanna, PA.

The total contract period shall not exceed five calendar years.

Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

See Attachment 1: MATOC SOW for Statement of Work

See Attachment 2: INSTALLATION DESIGN GUIDE MASTER SPECIFICATIONS for specification requirements

*** END OF NARRATIVE 1 ***

Product Service Code : Z2EZ North American Industry Classification System (NAICS) : 236220

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-12 Inspection of Construction.

1996-08

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be addressed at Task Order Level

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Section F - Deliveries or Performance

0001 1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 29 Sep 2026 To 28 Sep 2031

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. 1984-04

52.247-34 F.o.b. Destination. 1991-01

52.247-35 F.o.b. Destination, Within Consignee's Premises.

1984-04

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. 1991-12

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7018 Progress Payments-Multiple Lots. 2023-05

252.236-7000 Modification Proposals--Price Breakdown.

1991-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction Invoices

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(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 W51AA1 Admin DoDAAC W51AA1 Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) W25G1V Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

TBD at the order level

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Insurance Requirements:

The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) GENERAL LIABILITY. Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least $500,000 per occurrence shall be required. Property Damage Liability Insurance is not normally required.

(c) AUTOMOBILE LIABILITY. Automobile Liability Insurance written on the comprehensive form of policy is required. The policy shall provide for Bodily Injury and Property Damage Liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

On-Ramping/Off-Ramping Procedures:

Any offeror meeting the eligibility requirements set forth in the original solicitation may submit a proposal in response to the solicitation. The award decision under the open season solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation.

The minimum guarantee will be $200 in construction for each new contract award. The terms and conditions of any resulting awards are materially identical to the original contracts. The period of performance for any new awards is coterminous with the existing term for all other contractors. Immediately upon on-ramping, the contractor is eligible to submit a proposal in response to any task order solicitation and receive task order awards with the same rights and obligations as any other contractor. Contract awardees will be required to submit a proposal for all task order requests for proposal (RFP) received from the Government. However, in the event a MATOC holder is unable to submit a proposal on a particular RFP, the contractor is required to notify, in writing, the Contracting Officer who issued the RFP within five (5) business days from receipt of the RFP. A MATOC holder can only elect not to submit a proposal on three

(3) task order RFPs per ordering year. The Government reserves the right to off ramp any MATOC holder who fails to submit a proposal on more than 3 projects per ordering year.

*** END OF NARRATIVE 1 ***

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees. 2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-13 Contractor Code of Business Ethics and Conduct.

2021-11

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-2 Security Requirements. 2021-03

52.204-2 Security Requirements. (Alternate II) 2021-03 Alternate

II

1984-04

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-10 Reporting Executive Compensation and 2020-06

First-Tier Subcontract Awards.

52.204-13 System for Award Management Maintenance.

2018-10

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

2023-12

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2021-11

52.204-27 Prohibition on a ByteDance Covered Application.

2023-06

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

2025-01

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

2018-10

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11

52.210-1 Market Research. 2021-11

52.211-13 Time Extensions. 2000-09

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

2020-06 Deviation 2022- O0001

2021-10

52.214-28 Subcontractor Certified Cost or Pricing 2020-06 Deviation 2021-10

Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

2022- O0001

52.215-2 Audit and Records-Negotiation. 2020-06

52.215-8 Order of Precedence-Uniform Contract Format.

1997-10

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data.

2011-08

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications

(DEVIATION 2022-O0001)

2020-06 Deviation 2022- O0001

2021-10

52.215-12 Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001)

2020-06 Deviation 2022- O0001

2021-10

52.215-13 Subcontractor Certified Cost or Pricing Data -- Modifications (Deviation 2022- O0001)

2020-06 Deviation 2022- O0001

2021-10

52.215-15 Pension Adjustments and Asset Reversions.

2010-10

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

2005-07

52.215-19 Notification of Ownership Changes. 1997-10

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

2021-11

52.217-11 Reverse Auction-Orders. 2024-08

52.219-6 Notice of Total Small Business Set-Aside. 2020-11

52.219-8 Utilization of Small Business Concerns. 2025-01

52.219-13 Notice of Set-Aside of Orders. 2020-03

52.219-13 Notice of Set-Aside of Orders. (Alternate I) 2020-03 Alternate

I 2020-03

52.219-33 Nonmanufacturer Rule. 2021-09

52.222-3 Convict Labor. 2003-06

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation.

2018-05

52.222-6 Construction Wage Rate Requirements. 2018-08

52.222-7 Withholding of Funds. 2014-05

52.222-8 Payrolls and Basic Records. 2021-07

52.222-9 Apprentices and Trainees. (DEVIATION 2025-O0003)

2005-07 Deviation 2025- O0003

2025-03

52.222-10 Compliance with Copeland Act Requirements.

1988-02

52.222-11 Subcontracts (Labor Standards). 2014-05

52.222-12 Contract Termination-Debarment. 2014-05

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05

52.222-14 Disputes Concerning Labor Standards. 1988-02

52.222-15 Certification of Eligibility. 2014-05

52.222-30 Construction Wage Rate Requirements- Price Adjustment (None or Separately Specified Method).

2018-08

52.222-35 Equal Opportunity for Veterans. 2020-06

52.222-36 Equal Opportunity for Workers with Disabilities.

2020-06

52.222-37 Employment Reports on Veterans. 2020-06

52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

2010-12

52.222-50 Combating Trafficking in Persons. 2025-10

52.222-54 Employment Eligibility Verification. 2025-01

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2022-01

52.222-62 Paid Sick Leave Under Executive Order 13706.

2022-01

52.223-5 Pollution Prevention and Right-to-Know Information.

2024-05

52.223-21 Foams. 2024-05

52.223-23 Sustainable Products and Services. 2024-05

52.225-13 Restrictions on Certain Foreign Purchases.

2021-02

52.226-7 Drug-Free Workplace. 2024-05

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.228-2 Additional Bond Security. 1997-10

52.228-5 Insurance-Work on a Government Installation.

1997-01

52.228-11 Individual Surety-Pledge of Assets. 2021-02

52.228-12 Prospective Subcontractor Requests for Bonds.

2022-12

52.228-14 Irrevocable Letter of Credit. 2014-11

52.229-3 Federal, State, and Local Taxes. 2013-02

52.229-12 Tax on Certain Foreign Procurements. 2021-02

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-27 Prompt Payment for Construction Contracts.

2017-01

52.232-33 Payment by Electronic Funds Transfer- System for Award Management.

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. 2014-05

52.233-1 Disputes. (Alternate I) 2014-05 Alternate I

1991-12

52.233-3 Protest after Award. 1996-08

52.233-4 Applicable Law for Breach of Contract Claim.

2004-10

52.236-2 Differing Site Conditions. 1984-04

52.236-3 Site Investigation and Conditions Affecting the Work.

1984-04

52.236-5 Material and Workmanship. 1984-04

52.236-6 Superintendence by the Contractor. 1984-04

52.236-7 Permits and Responsibilities. 1991-11

52.236-8 Other Contracts. 1984-04

52.236-9 Protection of Existing Vegetation, 1984-04

Structures, Equipment, Utilities, and Improvements.

52.236-10 Operations and Storage Areas. 1984-04

52.236-11 Use and Possession Prior to Completion. 1984-04

52.236-12 Cleaning Up. 1984-04

52.236-13 Accident Prevention. 1991-11

52.236-13 Accident Prevention. (Alternate I) 1991-11 Alternate I

1991-11

52.236-15 Schedules for Construction Contracts. 1984-04

52.236-17 Layout of Work. 1984-04

52.236-21 Specifications and Drawings for Construction.

1997-02

52.236-21 Specifications and Drawings for Construction. (Alternate I)

1997-02 Alternate I

1984-04

52.236-26 Preconstruction Conference. 1995-02

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

2024-11

52.242-13 Bankruptcy. 1995-07

52.242-14 Suspension of Work. 1984-04

52.243-4 Changes. 2007-06

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2025-10

52.247-12 Supervision, Labor, or Materials. 1984-04

52.249-2 Termination for Convenience of the Government (Fixed-Price).

2012-04

52.249-4 Termination for Convenience of the

Government (Services) (Short Form).

1984-04

52.249-10 Default (Fixed-Price Construction). 1984-04

52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies.

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General. 2019-08

252.203-7004 Display of Hotline Posters. 2023-01

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2024-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

2023-01

Equipment or Services.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.215-7002 Cost Estimating System Requirements. 2025-01

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders.

2025-10

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7013 Duty-Free Entry. 2025-08

252.225-7048 Export-Controlled Items. 2013-06

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.226-7003 Drug-Free Work Force. 2024-08

252.227-7016 Rights in Bid or Proposal Information. 2025-01

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.211-10 Commencement, Prosecution, and Completion of Work.

1984-04

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within to be determined (TBD) at the order level[Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than to be determined (TBD) at the order level.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 Liquidated Damages-Construction. 2000-09

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of Addressed at TO level[Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate I)

2021-11 Alternate I

2010-10

Alternate I (Oct 2010). As prescribed in 15.408 (m) and 15.403-5(b)(1), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause.

(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: TBD at order level________[Insert description of the data and format that are required and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, 15.408 Solicitation provisions and contract clauses., Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.]:

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate

III)

2021-11 Alternate

III

1997-10

Alternate III (Oct 1997). As prescribed in 15.408 (m), add the following paragraph (c) to the basic clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):

(c) Submit the cost portion of the proposal via the following electronic media: Text format:

PDF or Word Files [Insert media format]

52.216-18 Ordering. 2020-08

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the last day of the ordering period[insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. 1995-10

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $200,000,000;

(2) Any order for a combination of items in excess of $200,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. 1995-10

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 month after the ordering period ends[insert date].

52.216-32 Task-Order and Delivery-Order Ombudsman.

2019-09

Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Jason E. VanLuven Command Advocate for Competition Delivery Order/Task Order Ombudsman US Army Contracting Command – Aberdeen Proving Ground (ACC-APG) 6472 Integrity Ct., Bldg.

4401 Aberdeen Proving Ground, MD 21005-1846 Jason.e.vanluven.civ@army.mil ________ [Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.217-8 Option to Extend Services. 1999-11

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within TBD at order level[insert the period of time within which the Contracting Officer may exercise the option].

52.217-9 Option to Extend the Term of the Contract. 2000-03

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within TBD at order level[insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least TBD at order level days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed TBD at order level(months) (years).

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

2022-10

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

[ ] Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

52.219-14 Limitations on Subcontracting

(DEVIATION 2021-O0008)

2022-10 Deviation 2021- O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[X] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.219-28 Postaward Small Business Program Rerepresentation. (Alternate I)

2025-01 Alternate I

2020-03

Alternate I (Mar 2020). As prescribed in 19.309 (c)(2), substitute the following paragraph (h)

(1) for paragraph (h)(1) of the basic clause:

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no) 236220 ____ [Contracting Officer to insert NAICS codes.]

52.219-28 Postaward Small Business Program Rerepresentation.

2025-01

Postaward Small Business Program Rerepresentation (Jan 2025)

Long-term contract means a contract of more than five years in duration, including options.

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

Small business concern-

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

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

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

(h) of this clause, upon occurrence of any of the following:

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

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

(3) For long-term contracts-

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

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

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph

(h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

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

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

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

and

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

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

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

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

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

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

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

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

(h) If the Contractor does not have representations and certifications…