Solicitation - W51EW725RA001.pdf
PDF 5 MB Posted
- Solicitation number
- W51EW725RA001
- Issued by
-
Department of the Army
About this file
This is a Request for Proposal (RFP) for West Desert Test Center (WDTC) Mission Support Services (MSS) issued by the U.S. Army. The solicitation (W51EW725RA001) is a 100% small business set-aside for a Cost-Plus Fixed-Fee (CPFF) Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) line items. The contract has a 60-day phase-in period, a 4-year 10-month base period, and one 2-year option period, with a potential 6-month extension option.
Key requirements include providing skilled labor for mission support services, with labor categories focusing on Science, Technology, Engineering, and Mathematics (STEM) professionals. The contractor will be responsible for recruitment and retention of expertise, program management, continuity of operations, and supporting test services at the Dugway Proving Ground in Utah. Proposals are due by 5:00 PM EDT on 29 April 2025, with the government planning to evaluate offers based on technical capability, past performance, and cost, with non-cost factors being significantly more important than price. The total contract value and specific pricing details are to be determined through the proposal evaluation process.
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Text version
SECTION
15A. NAME AND
ADDRESS
OF OFFEROR
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. EMAIL ADDRESS
11. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause Number 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE
UNITED STATES CODE AT:
10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB) INVITATION FOR BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
Created On:
17 Mar 2025, 10:58 AM Central Daylight Time
Section A - Solicitation/Contract Form
Section A - Solicitation/Contract Form
A.1 Introduction.
A.1.1 Section A is provided as an administrative convenience and is not intended to alter the terms and conditions of this solicitation in any way. Any inconsistencies between Section A and other provisions of the RFP herein shall be resolved in favor of the RFP outside of Section A.
A.2. Summary.
A.2.1 WDTC MSS is a 100% small business set-aside.
A.2.2 This RFP will result in a Cost-Plus Fixed-Fee (CPFF) Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP), Cost, and CPFF Contract Line Item Numbers (CLINs) as set forth at Section B. The Period of Performance specifies a sixty (60) day contract Phase-in, four (4) year ten (10) month base period, and one (1) two (2) -year option period. FAR 52.217-8 will be included in the contract.
A.2.3 In accordance with (IAW) L.1.4, Offerors may submit questions regarding the RFP to the Points of Contact identified, up to 5:00 PM Eastern Daylight Time (EDT) on 31 Mar 2025.
A.2.4 Offerors shall ensure compliance with L.3.3.2, as applicable. Failure to provide the information within seven (7) calendar days of RFP issuance may result in the proposal being removed from award consideration.
A.3 RFP Closing
A.3.1 IAW the proposal instructions outlined in the proposal submission requirements at L.2 and its subparts, proposals are due no later than 5:00 PM EDT on 29 Apr 2025.
W51EW725RA001
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
The Contractor shall provide labor in accordance with PWS paragraph 1.6
Product Service Code: R425 Pricing Arrangement: Cost Plus Fixed Fee
58 Months
The Contractor shall provide overtime labor in accordance with PWS paragraph 1.5.4.3 and 1.5.7
Product Service Code: R425 Pricing Arrangement: Cost Plus Fixed Fee
58 Months
In accordance with PWS paragraphs
1.3.6.5 and 1.5.18, the Contractor may incur and bill for Other Direct Costs to included materials, supplies and services with prior Government authorization. There shall be no profit or fee paid for Other Direct Costs accrued under this contract.
Product Service Code: R425 Pricing Arrangement: Cost No Fee
1 Job
Reporting Requirements for Contracted Services: IAW DFARS 252.204-7023, the Contractor shall report annually at https://www.sam.gov, by October 31, on services performed during the preceding Government fiscal year (October 1 - September 30) under this contract or agreement for each order, including any first-tier subcontract, which exceeds $3 million for services.
Reference DFARS 252.204-7023 for additional guidance. This line item is Not Separately Priced (NSP).
5 Each
Contract Data Requirements List - CDRLs
Product Service Code: R425 Pricing Arrangement: Firm Fixed Price
60 Months
The Contractor shall provide Phase-In Transition services in accordance with PWS paragraph 1.8
2 Months
W51EW725RA001
Product Service Code: R425 Pricing Arrangement: Not Separately Priced
Pricing Arrangement: Firm Fixed Price
Option Line Item
The Contractor shall provide labor in accordance with PWS paragraph 1.6
Product Service Code: R425 Pricing Arrangement: Cost Plus Fixed Fee
24 Months
Option Line Item
The Contractor shall provide overtime labor in accordance with PWS paragraph 1.5.4.3 and 1.5.7
Product Service Code: R425 Pricing Arrangement: Cost Plus Fixed Fee
24 Months
Option Line Item
In accordance with PWS paragraphs
1.3.6.5 and 1.5.18, the Contractor may incur and bill for Other Direct Costs to included materials, supplies and services with prior Government authorization. There shall be no profit or fee paid for Other Direct Costs accrued under this contract.
Product Service Code: R425 Pricing Arrangement: Cost No Fee
1 Job
Option Line Item
Reporting Requirements for Contracted Services: IAW DFARS 252.204-7023, the Contractor shall report annually at https://www.sam.gov, by October 31, on services performed during the preceding Government fiscal year (October 1 - September 30) under this contract or agreement for each order, including any first-tier subcontract, which exceeds $3 million for services.
Reference DFARS 252.204-7023 for additional guidance. This line item is Not Separately Priced (NSP).
2 Each
Option Line Item
Contract Data Requirements List - CDRLs
Product Service Code: R425 Pricing Arrangement: Firm Fixed Price
24 Months
W51EW725RA001
Pricing Arrangement: Not Separately Priced
Section C - Description/Specifications/Statement of Work
Requirements See Attachment 1, Performance Work Statement.
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984
FAR Clauses Incorporated by Full Text
52.246-11 Higher-Level Contract Quality Requirement. (Dec 2014)
As prescribed in 46.311 , insert the following clause:
Higher-Level Contract Quality Requirement (Dec 2014)
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
ISO 17025[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.]
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
(End of clause)
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination
Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W911S6 CountryCode: USA
W6QM MICC-DUGWAY PROV GRD
KO DIRECTORATE OF CONTRACTIN, 5330 VALDEZ CIRCLE
DUGWAY, UT 84022-5000
UNITED STATES
Section F - Deliveries or Performance
From 23 Oct 2025 to 22 Oct 2030
Line Item Delivery Schedule Estimated Quantity
Address and POC
Period of Performance From 23 Dec 2025 To 22 Oct 2030
58 Months Place of Performance DoDAAC: W51EW7 CountryCode: USA
W6QM MICC TSC
USA MICC THEATER SUPPORT CENTER, 2219 INFANTRY POST
ROAD
JBSA FT SAM HOUSTON, TX 78234-0000
UNITED STATES
Period of Performance From 23 Dec 2025 To 22 Oct 2030
58 Months
Period of Performance From 23 Dec 2025 To 22 Oct 2030
1 Job
Period of Performance From 23 Dec 2025 To 22 Oct 2030
5 Each
Period of Performance From 23 Dec 2025 To 22 Oct 2030
60 Months
Period of Performance From 23 Oct 2025 To 22 Dec 2025
2 Months
24 Months Place of Performance DoDAAC: W51EW7
Option Line Item
Period of Performance From 23 Oct 2030 To 22 Oct 2032
CountryCode: USA
W6QM MICC TSC
USA MICC THEATER SUPPORT CENTER, 2219 INFANTRY POST
ROAD
JBSA FT SAM HOUSTON, TX 78234-0000
UNITED STATES
Option Line Item
Period of Performance From 23 Oct 2030 To 22 Oct 2032
24 Months
Option Line Item
Period of Performance From 23 Oct 2030 To 22 Oct 2032
1 Job
Option Line Item
Period of Performance From 23 Oct 2030 To 22 Oct 2032
2 Each
Option Line Item
Period of Performance From 23 Oct 2030 To 22 Oct 2032
24 Months
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-15 Stop-Work Order. Aug 1989 52.242-15 Stop-Work Order. (Alternate I) Aug 1989 Alternate I Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.223-7003 Change in Place of Performance--Ammunition and Explosives. Dec 1991
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. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
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.
Invoice 2in1
(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 HQ0490 Issue By DoDAAC W51EW7 Admin DoDAAC W51EW7 Inspect By DoDAAC W909NB Ship To Code W909NB Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W909NB Service Acceptor (DoDAAC) W909NB 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.
(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 I - Contract Clauses
52.244-6 Subcontracts for Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003)
(a) Definitions. As used in this clause--
Commercial product, commercial service and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.
(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
(iv) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017).
(v) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) , other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.
(vi) 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).
(vii) 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).
(viii) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(ix) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (Dec 2023) ( Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(x) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C.637(d)(2) and (3)), if the subcontract offers 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.
(xi) [Reserved]
(xii) [Reserved]
(xiii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212(a));
(xiv) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C.793).
(xv) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xvi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(xvii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).
(xviii) 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026 (Jan 2022), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xx) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (Jan 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).
(xxi) 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).
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) , if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xxiii) 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.).
(xxiv) 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), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.207-3 Right of First Refusal of Employment. May 2006
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
Jan 2025
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.213-1 Fast Payment Procedure. May 2006 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. Jul 2005 52.215-19 Notification of Ownership Changes. Oct 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.
Nov 2021
52.216-8 Fixed Fee. Jun 2011 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-35 Equal Opportunity for Veterans. Jun 2020
52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).
Aug 2018
52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. Jan 2025 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.224-3 Privacy Training. Jan 2017 52.224-3 Privacy Training. (Alternate I) Jan 2017 Alternate I Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-7 Insurance-Liability to Third Persons. Mar 1996 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-11 Extras. Apr 1984 52.232-17 Interest. May 2014 52.232-22 Limitation of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-25 Prompt Payment. (Alternate I) Jan 2017 Alternate I Feb 2002 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-3 Protest after Award. (Alternate I) Aug 1996 Alternate I Jun 1985 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-1 Notice of Intent to Disallow Costs. Apr 1984 52.242-3 Penalties for Unallowable Costs. Dec 2022 52.242-13 Bankruptcy. Jul 1995 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-1 Changes-Fixed-Price. (Alternate III) Aug 1987 Alternate III Apr 1984 52.243-2 Changes-Cost-Reimbursement. Aug 1987 52.243-2 Changes-Cost-Reimbursement. (Alternate I) Aug 1987 Alternate I Apr 1984 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.246-25 Limitation of Liability-Services. Feb 1997 52.247-5 Familiarization with Conditions. Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-6 Termination (Cost-Reimbursement). May 2004 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984 52.249-14 Excusable Delays. Apr 1984 52.251-1 Government Supply Sources. Apr 2012 52.251-2 Interagency Fleet Management System Vehicles and Related Services. Jan 1991 52.253-1 Computer Generated Forms. Jan 1991
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
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
Jan 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. 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
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023
252.204-7023 Reporting Requirements for Contracted Services. Jul 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.215-7002 Cost Estimating System Requirements. Jan 2025 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7002 Safety Precautions for Ammunition and Explosives. Nov 2023
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
Sep 2014
252.225-7004 Report of Intended Performance Outside the United States and Canada - Submission after Award.
Jul 2024
252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.226-7003 Drug-Free Work Force. Aug 2024
252.227-7013 Rights in Technical Data-Other Than Commercial Products and Commercial Services.
Jan 2025
252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial
Jan 2025
252.227-7016 Rights in Bid or Proposal Information. Jan 2025 252.227-7019 Validation of Asserted Restrictions--Computer Software. Jan 2025 252.227-7030 Technical Data-Withholding of Payment. Mar 2000 252.227-7037 Validation of Asserted Restrictions on Technical Data. Jan 2025 252.232-7004 DoD Progress Payment Rates. Oct 2014 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7005 Contractor Business Systems. Jan 2025 252.242-7006 Accounting System Administration. Jan 2025 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. Jan 2025 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property. Apr 2012 252.245-7003 Contractor Property Management System Administration Jan 2025 252.245-7005 Management and Reporting of Government Property. Jan 2024
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of Head of Contracting Activity (HCA), Mission and Installation Contracting Command[identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.204-2 Security Requirements. (Mar 2021)
As prescribed in 4.404(a), insert the following clause:
Security Requirements (Mar 2021)
(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."
(b) The Contractor shall comply with-
(1) The Security Agreement DD Form441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and
(2) Any revisions to that manual, notice of which has been furnished to the Contractor.
(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.
(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.
(End of clause)
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate I)
(Nov 2021) Alternate I (Oct 2010)
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: ____________[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, Table 15-1, 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)
(Nov 2021) Alternate III (Oct 1997)
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: ____[Insert media format]
52.216-18 Ordering. (Aug 2020)
As prescribed in 16.506(a), insert the following clause:
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 23 Oct 2025 through 22 Oct 2032[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. (Oct 1995)
As prescribed in 16.506(b), insert a clause substantially the same as follows:
Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000[insert dollar figure or quantity], 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 $100M[insert dollar figure or quantity];
(2) Any order for a combination of items in excess of $100M[insert dollar figure or quantity]; 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 15 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. (Oct 1995)
As prescribed in 16.506(e), insert the following clause:
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 7 years after contract performance start date[insert date].
(End of clause)
52.217-8 Option to Extend Services. (Nov 1999)
As prescribed in 17.208(f), insert a clause substantially the same as the following:
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 30 days[insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in 17.208(g), insert a clause substantially the same as the following:
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 30[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 60 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 7 years(months) (years).
(End of clause)
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)
Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):
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.]
[X] 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…
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