Solicitation - W519TC25QA010.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Deburring System

1. The Army Contracting Command - rock Island (ACC-RI) hereby issues thesolicitationW519TC25QA010 for the procurement of De-burring Machines in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). This solicitation is issued in accordance with Federal Acquisition Regulation (FAR)Part 12, Acquisition of Commercial Products, and FAR Subpart13.5, Simplified Procedures for Certain Commercial Items. The result of this solicitation is a firm fixed price contract.

This solicitation is subject to the availability of funds.

Quotes are due not later than 1000am CT on 23 July 2025.

2. Attachments and Exhibits to the solicitation are as follows:

Attachment 0001 - RIPD E4000-25-3-12 Deburring System rev2

Attachment 0002 - 25-3-12 Evaluation Criteria

Attachment 0003 - Time Line Deliverables

Exhibit AA - 25-3-12 CDRL - Deburring System

3. All unit prices proposed will be binding. The Government reserves the right to require the submission of any data (i.e. other than cost or pricing data) necessary to validate the reasonableness of an offer.

4. Contractor responsibility will be determined as outlined in FAR 9.104-1. The Government intends to evaluate quotes and issue an award without discussions on Offerors (except for clarifications as described in FAR 15.306(a)).

5. On time delivery is very critical. Failure to comply with the contractual delivery schedule, may result in termination of the order or required consideration if the government elects to extend delivery. The Government is not required to extend your delivery schedule if you encounter delays.

The non-availability of raw materials, subcontractor issues, scheduling conflicts, etc., should be considered at the time you are submitting your offer.

They are not acceptable excuses for failing to meet the delivery after award. Ensuring that you can provide quality products that conform to the contract is just as important as meeting the required delivery schedule. Delivery of nonconforming products results in delivery delays and increased costs to the Government. Please note that if you receive this award, your performance under this contract (including timeliness of deliveries and the quality of supplies/services delivered) will be monitored and recorded by this contracting office. This information may b used to determine a record of past performance for future contract awards. Contractors/offerors that are concerned about their record of past performance may contact this office if they wish to view and discuss their records.

6. Prices shall be submitted on an F.O.B Destination (FAR 52.247-34) basis. The item shall be shipped to Rock Island Arsenal, Illinois, 61299- 5000. The actual location will be on the award document.

7. General Instructions: These instructions are a guide for preparing your proposal. These instructions generally describe the type and extent of information you should provide and address in your proposal. You are expected to review all the attachments contained in this solicitation for further insight into the areas that your proposal must address. You should include in the proposal sufficient information to enable the evaluators to determine your understand of the requirements in each of the evaluated areas. It is the Government's intent to award a single Firm Fixed Price (FFP) contract. A Lowest Price Technically Acceptable (LPTA) process in accordance with FAR 15.101-2 is being utilized to select the successful offeror and no trade-offs will be made. The Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR15.306(a)). Therefore, the offerors initials response should contain the offeror's best term and price. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

W519TC25QA010

Proposal Submission and Format: The offerors proposal shall be prepared and authorized by a person regularly employed by the offeror. The proposal should state the name of each person contributing to the authorship o the proposal, the person's position title, phone number, and email address of the person who should be contacted should a contract be awarded. The proposal should be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and compete as described in these instructions. Offerors must submit their proposals in electronic format prior to the closing date and time listed on the first page of this solicitation.

Proposals shall include pricing and evaluation criteria for all CLINs.

Proposals shall be emailed to the Contract Specialist listed as follows:

Brandy Huesmann brandy.m.huesmann.civ@army.mil

Other formats such as (but not limited to) third party cloud files services, hardcopies, CDs, and Drop Box will not be acceptable. Failure to provide a complete proposal package will result in the offer being determined non-responsive and it will no longer be considered for award.

The following factors will be evaluated on and ACCEPTABLE/UNACCEPTABLE basis. ACCEPTABLE: Proposal meets the requirements of the solicitation. UNACCEPTABLE: Proposal does not meet the requirements of the solicitation.

In order for a proposal to be rated as ACCEPTABLE for the Technical factor, each subfactor identified must receive and ACCEPTABLE rating. Only those proposals which receive and ACCEPTABLE on all Technical subfactors will be further evaluated under the Price Factors.

Quotes shall be submitted as set forth below:

Factor1: Technical

1.1: Compliance Statement

1.2: Equipment Identification

1.3: Warranty

1.4:Experience

1.4.1:Published Data

1.4.2: References

Factor 2: Price

8. Evaluation Criteria: Basis for Contract Award: The Government intends to award a single Firm Fixed Price (FFP) purchase order for the Standby Generator and Slurry Tank Modification. This solicitation utilizes Lowest Price Technically Acceptable (LPTA) source selection procedures with FAR 15.101-2. The evaluation factors include Technical (ACCEPTABLE/UNACCEPTABLE) and Price. The technical factor will be rated as ACCEPTABLE/UNACCEPTABLE. Contractors who do not receive an ACCEPTABLE rating for all technical subfactors, and an overall ACCEPTABLE rating for the Technical factor will not be further evaluated and will not be eligible for award. The government will not rate or rank quotes but will select the quote that provides the best overall value to the Government based on the lowest total evaluated price of those quotes deemed technically acceptable.

The Government intends to evaluate quotes and award a purchase order without discussions with contractors (except clarifications as described in FAR15.306(a)). Therefore, the offerors initial quote should contain their best terms for technical and price. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

EVALUATIONFACTORS: These factors are applicable to all CLINs. Quotes shall includepricing and evaluation criteria for all CLINs.

Factor1: TECHNICAL: Eachbidder shall submit a package containing the following information. Failure toprovide all the data required with the package may result in a contractor beingconsidered unresponsive and eliminated form further consideration.

1.1:COMPLIANCE STATEMENT - Eachcontractor shall provide a statement of compliance. It shall be a copy of thepurchase description. At the end of each and every paragraph the vendor shalltype or write exactly either "COMPLY" or "NON-COMPLY".

Other formats will not be considered acceptable. If "NON-COMPLY"is written, a brief description of the non-compliance is required. If thenon-compliance statement written does not meet the technical qualification itcould be deemed "unacceptable".

1.2: EQUIPMENT IDENTIFICATION - Each contractor shall identify the manufacture and model number of the equipment being offered. The contractor shall also identify all the options by number that are offered in order to meet this purchase description. The bidder shall also identify items that are not normally numbered for ordering such as installation, freight, and training.

1.3: WARRANTY - The quote must include a minimum warranty of one-year parts

1.4: EXPERIENCE: In the regular course of its business for a period of at least 3-yrs preceding this solicitation, the manufacturer of this equipment shall have previously supplied or offered for sale this type of equipment to industry for other than its own use. At least one of the following shall be provided as evidence:

1.4.1: PUBLISHED DATA -each bidder shall provide a brochure, catalog, or published data describing the equipment offered.

1.4.2: REFERENCES -each bidder shall provide contact information (including at least Company Name, contact name, Contact Telephone Number, and a description of the equipment the contact purchased) for minimum of three (3) successful sales by the bidder of new equipment sold for use in the United States.

FACTOR2: PRICE: For the offerors that receive an ACCEPTABLE rating on the technical factors, their proposals will be evaluated on the prices proposed for all CLINs. Price Evaluation will be in accordance with (IAW) FAR 15.101-2; lowest price technically acceptable source selection process.

Pricing shall be valid for one (1) year after date of proposal.

The Government intends to award to the lowest priced, technically acceptable offer.

9. Army Contracting command Government Point of Contact (POC).

Title Name Email

Contract Specialist Brandy Huesmann brandy.m.huesmann.civ@army.mil

Branch Chief Kylah Rasche kylah.a.rasche.civ@army.mil

**NOTE: Communication with the Government should start at the lowest possible level.

10. Notice to Offerors:

10.1 Use of Artificial Intelligence (AI) tools in Proposal Evaluation

10.1.Use of AI tools in Support of Evaluations: The Government will employ AI as a tool to assist in the analysis and review of offeror proposals. AI tools may be used to support tasks such as summarizing proposal content, identifying compliance with request for task order proposal / solicitation requirements, and highlighting areas of potential strength, weakness, or risk.

10.2Maintaining Inherently Governmental Functions: Notwithstanding the use of AI tools to support the evaluation process, all final evaluation judgements, including the assignment or assessment of adjectival ratings, best value determinations, and source selection decisions, will be made exclusively by duly appointed Government personnel. The Government retains sole responsibility for all inherently governmental functions and will not delegate decision making authority to any AI tool.

10.3Offeror Confidentiality and Data Protection: The AI tools utilized by the Government will be employed in a manner consistent with applicable regulations that govern the protection of proprietary and source selection sensitive information. The AI tool will be an output-only system. Any generated report data is not saved. No proposal data will be transmitted to or processed by external, non-Government systems without appropriate safeguards and authorizations in place.

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

De-burring system in accordance with RIPD E4000 25-3-12. this CLIN is for a fully functioning system including all auxiliary components necessary to make the equipment function.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

OPTION - Additional de-burring abrasive belt head in accordance with RIPD e4000 25-3-12. This CLIN is an OPTION for the inclusion of another abrasive belt head to be installed in the system. SUBJECT TO

AVAILABILITY OF FUNDS.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

OPTION - Additional de-burring system with two abrasive belt heads in accordance with RIPD E4000

25-3-12. SUBJECT OF AVAILABILITY OF

FUNDS.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

OPTION - Additional de-burring machine with two abrasive belt heads in accordance with RIPD E4000 25-3-12.

*NOTE: the RIPD E4000 25-3-12 requests up to 3 additional units in increments of 1 unit on CLIN 0004. These are broke out as CLINS 0004 - 0006 on the solicitation.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

OPTION - Additional de-burring machine with two abrasive belt heads in accordance with RIPD E4000 25-3-12.

*NOTE: the RIPD E4000 25-3-12 requests up to 3 additional units in increments of 1 unit on CLIN 0004. These are broke out as CLINS 0004 - 0006 on the solicitation.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

OPTION - Additional de-burring machine with two abrasive belt heads in accordance with RIPD E4000 25-3-12.

*NOTE: the RIPD E4000 25-3-12 requests up to 3 additional units in increments of 1 unit on CLIN 0004. These are broke out as CLINS 0004 - 0006 on the solicitation.

Product Service Code: 3695 Pricing Arrangement: Firm Fixed Price

1 Each

Continuation of Description

Requirements see RIPD E4000 E4000-25-3-12 Deburring System rev2

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Inspection and Acceptance Location

0005 Both

Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Refer to RIPD for Inspect/Acceptance locations and criteria.

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Continuation of Deliveries or Performance

Delivery Requested By Delivery Date 31 Mar 2026

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Requested By Delivery Date 31 Mar 2026

1 Each Place of Performance DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Option Line Item

Delivery Requested By Delivery Date 31 Mar 2026

1 Each Place of Performance DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Option Line Item

Delivery Requested By Delivery Date 31 Mar 2026

1 Each Place of Performance DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Option Line Item

Delivery Requested By Delivery Date 31 Mar 2026

1 Each Place of Performance DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Delivery Requested By

1 Each Place of Performance DoDAAC: W52H1B FoB Details

Delivery Date 31 Mar 2026

CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Option Line Item

Delivery Requested By Delivery Date 31 Mar 2026

1 Each Place of Performance DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.203-3 Gratuities. Apr 1984 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.233-3 Protest after Award. Aug 1996 52.229-12 Tax on Certain Foreign Procurements. Feb 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

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

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

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

Jun 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7008 Sources of Electronic Parts. Jan 2023

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

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.219-7000 Advancing Small Business Growth. Jun 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022

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

Jan 2023

252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.247-7023 Transportation of Supplies by Sea. (Alternate II) Oct 2024 Alternate II Oct 2024 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.225-7001 Buy American and Balance of Payments Program. Feb 2024

FAR Clauses Incorporated by Full Text

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)

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

[ ] 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.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. (Jun 2015)

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. " United States ," as used in this clause, means, the 50 States, the District of Columbia , and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S.

Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is-

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832(Contracting Officer to insert applicable information cited in PGI 225.372-1 (DFARS/PGI view)).

(End of clause)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

Alternate II (DEVIATION 2025-O0003)

(Jan 2025) Alternate II Deviation 2025-O0003

(Mar 2025) (Mar 2025)

Alternate II (MAR 2025) (DEVIATION 2025-O0003).

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(G)[ ]( 1) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

[ ](2) Alternate I (Dec 2023) 52.204-30.

(H) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(I) [Reserved]

(J) [Reserved]

(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(O) [X] (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

[ ] (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(P) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(Q) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(R) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989).

(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(U)[ ] (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

[ ] (2) Alternate I (Jan 2017) of 52.224-3.

(V) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(X) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(Z) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

Addendum to Contract Clauses

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

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

Nov 2024

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

Jun 2020 Deviation 2022-O0001 Oct 2021

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

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

(DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

52.215-12 Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001) Jun 2020 Deviation 2022-O0001 Oct 2021

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

Jun 2020 Deviation 2022-O0001 Oct 2021

52.229-3 Federal, State, and Local Taxes. Feb 2013 52.243-1 Changes-Fixed-Price. Aug 1987

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.233-7001 Choice of Law (Overseas). Jun 1997

252.225-7975 Additional Access to Contractor and Subcontractor Records. (DEVIATION 2024-O0003)

Dec 2023 Deviation 2024-O0003 Dec 2023

252.225-7993 Prohibition on Providing Funds to the Enemy. (DEVIATION 2024-O0003) Dec 2023 Deviation 2024-O0003 Dec 2023 252.227-7016 Rights in Bid or Proposal Information. Jan 2025 252.225-7013 Duty-Free Entry. Nov 2023

FAR Clauses Incorporated by Full Text

52.217-7 Option for Increased Quantity-Separately Priced Line Item. (Mar 1989)

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 3 months[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-6 Option for Increased Quantity. (Mar 1989)

Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 3 months[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.232-7007 Limitation of Government's Obligation. (Apr 2014)

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0001[Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ ____ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph

(a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____ $ ____ $ ____ (month) (day), (year) $ ____ $ ____ $ ____ (month) (day), (year) $ ____ $ ____ $ ____ (month) (day), (year) $ ____ $ ____ $ ____ (End of clause)

252.215-7997 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications-Section 890 Pilot Program. (DEVIATION 2024-O0007)

(Feb 2024) Deviation 2024-O0007 (Feb 2024)

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—

MODIFICATIONS—SECTION 890 PILOT PROGRAM (DEVIATION 2024-O0007) (FEB 2024)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable—

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If-

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) In lieu of providing complete cost or pricing data in accordance with the clause at FAR 52.215-21 of this contract, the Contractor shall submit a subset of cost or pricing data, data other than certified cost or pricing data, and supporting attachments as specified by the Contracting Officer in the request for proposal for the modification. The Contracting Officer will list the specific cost or pricing data deemed necessary to stablish price reasonableness for this contract modification, and describe the required submission format for each type of data. At a minimum, the Contracting Officer will identify the specific prior DoD purchases of the same or similar products for which the contractor is required to submit the actual cost of performance. The Contractor is not required to submit cost or pricing data that is not listed within the request for proposal for the modification. If the Contracting Officer finds that additional cost or pricing data are needed in order to determine that the price is fair and reasonable, the Contracting Officer will issue an amendment to the request for proposal, and the Contractor will be required to submit the additional data.

(2)(i) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, using the following language:

Certificate of Current Cost or Pricing Data for Contract Modifications Accomplished under the Authority of Section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, as amended by Section 825 of the NDAA for FY 2020,…