Solicitation Amendment - W569QE27QA0010001.pdf
PDF 3 MB Posted
- Solicitation number
- W569QE27QA001
- Issued by
-
Department of the Army
About this file
This is a Request for Quote (RFQ) for commercial products and services issued by the U.S. Army on a women-owned small business (WOSB) set-aside basis.
The solicitation requests quotes for the acquisition of portable latrines and handwashing stations to be delivered to Davis-Monthan Air Force Base in Arizona. The requirement consists of three portable latrines and three handwashing stations on a 12-month service basis, with a one-time delivery fee (Line Items 0001-0003). Four optional one-year renewal periods are included (Line Items 1001-3002), extending potential contract performance through October 2030. The pricing arrangement is firm fixed price. Quotes are due by October 23, 2026, at 12:00 PM local time, with delivery required by November 1, 2026. Contract performance will run from November 1, 2026, through October 31, 2027, with subsequent option periods running through October 31, 2030. The NAICS code is 562991 with a small business size standard of $9,000,000. This solicitation is a 100 percent set-aside for WOSB concerns. Acceptance and delivery location is Davis-Monthan AFB, with the point of contact being 1LT Dixon, James at Fort Campbell, Kentucky. Payment will be made through Wide Area WorkFlow (WAWF) with electronic invoicing required. The contracting activity is located at Fort Sam Houston, Texas, with Tyler Hoyt serving as the primary contracting contact.
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Other files
| File | Type | Posted |
|---|---|---|
| ADDENDUM TO FAR 52.212-1, 52.212-2.docx | DOCX document | |
| 06. Performance Work Statement (PWS) DMAFB Latrines.docx | DOCX document |
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Text version
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)
Section A - Solicitation/Contract Form
TSB25 - FY27 JTF-SB Davis Monthan AFB Latrines and Handwashing StationsInstrument Name:
Product Service Code : W085
W569QE27QA0010001
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 3x Portable Latrines
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
0002 3x Handwashing Stations
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
0003 Delivery fee
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
3x Portable Latrines
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
3x Handwashing Stations
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
3x Portable Latrines
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
3x Handwashing Stations
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
3x Portable Latrines
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Option Line Item
3x Handwashing Stations
Product Service Code: W085
Pricing Arrangement: Firm Fixed Price
12 Month s
Section C - Description/Specifications/Statement of Work
Requirements This contract is to acquire 3 latrines and 3 handwashing stations in the Davis Monthan AFB area.
GRID: 12S WA 10516 61703
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
0001 Acceptance Location
Acceptance Destination Instructions: Acceptance Location will be at DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
0002 Acceptance Location
Acceptance Destination Instructions: Delivery Location will be at DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
0003 Acceptance Location
Acceptance Destination Instructions: Delivery Location will be at DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery Location will be at DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery location will be DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery location will be DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery location will be DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery location will be DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Option Line Item
Acceptance Location
Acceptance Destination Instructions: Delivery location will be DMAFB, AZ (GRID: 12S WA 10516 61703).
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000
FORT CAMPBELL, KY 42223-0000
UNITED STATES
1LT Dixon, James
Section F - Deliveries or Performance
0001 Delivery Schedule Delivery Before Delivery Date 01 Nov 2026
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2026 To 31 Oct 2027
0002 Delivery Schedule Delivery Before Delivery Date 01 Nov 2026
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2026 To 31 Oct 2027
0003 Delivery Schedule Delivery Before Delivery Date 01 Nov 2026
1 EachQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2026 To 01 Nov 2026
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2027
12 MonthsQuantity
Address and POC Ship To
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2027 To 31 Oct 2028
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2027
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2027 To 31 Oct 2028
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2028
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2028 To 31 Oct 2029
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2028
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2028 To 31 Oct 2029
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2029
12 MonthsQuantity
Address and POC Ship To DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2029 To 31 Oct 2030
Option Line Item
Delivery Schedule Delivery Before Delivery Date 01 Nov 2029
12 MonthsQuantity
Address and POC Ship To
DoDAAC: W90L61 CountryCode: USA
0101 IN HHC 01 HEADQUARTERS IN
BLDG 6488 55TH AND WICKHAM AVE, FORT CAMPBELL KY 42223-0000 FORT
CAMPBELL, KY 42223-0000 UNITED STATES
1LT Dixon, James
Period of Performance From 01 Nov 2029 To 31 Oct 2030
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
DFARS Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.232-7006 Wide Area WorkFlow Payment Instructions.
2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process Electronic invoicing.
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) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF WAWF training.
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) Document submissions may be via web WAWF methods of document submission.
entry, Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
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.
N/A
(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
(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.
(3) The Contractor shall use the information in the Routing Data Document routing.
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
W569QE
Admin DoDAAC
W569QE
Service Acceptor (DoDAAC)
W51HR4
(4) The Contractor shall ensure a payment request includes Payment request.
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) The Contractor shall ensure a receiving report meets the Receiving report.
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 SPECIALIST: CPT Hoyt, Tyler / tyler.d.hoyt.mil@army.mil
CONTRACTING OFFICER: MSG Christian, Joreen / joreenmarie.christian.mil@army.mil
WAWF ACCEPTOR/INSECTOR: 1LT Dixon, James / james.t.dixon78.mil@army.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-3 Gratuities. 1984-04
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-
2026-02
O0038)
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)
2026-02
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-39 Unenforceability of Unauthorized Obligations.
2013-06
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.204-7003 Control of Government Personnel Work Product.
1992-04
252.204-7004 Antiterrorism Awareness Training for Contractors.
2023-01
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.225-7048 Export-Controlled Items. 2013-06
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.232-7010 Levies on Contract Payments. 2006-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.
(DEVIATION 2025-O0003 and 2025-O0004)
2025-03 Deviation 2025- O0004
2025-03
Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further (Jan 2017) Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 (Oct 2004) and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-6, Restrictions on Subcontractor Sales to the Government with [ ] (1) (Jun 2020), (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I (Nov 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.[ ] (2) (Nov 2021) C. 3509)).
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment [X] (3) Act of 2009 (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the (Jun 2010) American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this [ ] (4) (Nov 2023) clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards [ ] (5) (Jun (Pub. L. 109-282) ( 31 U.S.C. 6101 note).2020)
[Reserved].[ ] (6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, [X] (7) (Oct 2016) section 743 of Div. C).
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts [ ] (8) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of [X] (9) (Jun 2023) Division R of Pub. L. 117-328).
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply [ ] (10) Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
Alternate I of 52.204-30.[ ] (ii) (Dec 2023)
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.Jan C. 6101 note).
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters [ ] (13) (41 U.S.C. 2313).(Oct 2018)
[Reserved].[ ] (14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.[ ] (15) Oct 2022 C. 657a).
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ([ ] (16) ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.Oct 2022
C. 657a).
[Reserved][ ] (17)
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-6.[ ] (ii) (Mar 2020)
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-7.[ ] (ii) (Mar 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and [ ] (20) ( )Jan 2025 (3)).
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025
Alternate I of 52.219-9.[ ] (ii) (Nov 2016)
Alternate II of 52.219-9.[ ] (iii) (Nov 2016)
Alternate III of 52.219-9.[ ] (iv) (Jun 2020)
Alternate IV of 52.219-9.[ ] (v) ( )Jan 2025
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
Alternate I of 52.219-13.[ ] (ii) (Mar 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).[ ] (23) Oct 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)[ ] (24) (Sep 2021) (i)).
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-[ ] (25) Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) Feb 2024 (15 U.S.C. 657f).
[ ] (26)
(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632Postaward ( )Jan 2025 (a)(2)).
Alternate I of 52.219-28.[ ] (ii) (Mar 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically [ ] (27) Disadvantaged Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).Oct 2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small [ ] (28) Business Concerns Eligible Under the Women-Owned Small Business Program ( ) Oct 2022 (15 U.S.C. 637(m)).
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.[ ] (29) (Mar 2020) C. 644(r)).
52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).[ ] (30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).[X] (31) (Jun 2003)
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. (Jan 2025) 13126).
[Reserved][X] (33)
[Reserved][X] (34)
[ ] (35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
Alternate I of 52.222-35.[ ] (ii) (Jul 2014)
[ ] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
Alternate I of 52.222-36.[ ] (ii) (Jul 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).[ ] (37) Jun 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act [ ] (38) (Dec (E.O. 13496).2010)
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. (Nov 2021) 13627).
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).[ ] (ii) (Mar 2015)
[ ] (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the [ ] (ii) (May 2008) acquisition of commercially available off-the-shelf items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential [ ] (42) Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and [ ] (43) Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).[ ] (44) (May 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).[ ] (45) (May 2024) et seq.
52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) [ ] (46) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
Alternate I of 52.224-3.[ ] (ii) (Jan 2017)
[ ] (48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
Alternate I of 52.225-1.[ ] (ii) (Oct 2022)
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. (NOV 2023) 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].[ ] (ii)
Alternate II of 52.225-3.[ ] (iii) (Jan 2025)
Alternate III of 52.225-3.[ ] (iv) (Feb 2024)
Alternate IV (Oct 2022) of 52.225-3.[ ] (v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 [ ] (50) (NOV 2023) et seq note).
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, [ ] (51) (Feb 2021) proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States [ ] (52) (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).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).[ ] (53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area [ ] (54) (Nov (42 U.S.C. 5150).2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving [ ] (55) (May (E.O. 13513).2024)
52.229-12, Tax on Certain Foreign Procurements .[ ] (56) (Feb 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial [ ] (57) Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services [ ] (58) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management [ ] (59) (31 U.S.C. 3332).(Oct2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award [ ] (60) Management (Jul 2013) (31 U.S.C. 3332).
52.232-36, Payment by Third Party (31 U.S.C. 3332).[ ] (61) (May 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).[ ] (62) (Aug 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by [ ] (63) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. (Nov 2024) L. 118-31, 41 U.S.C. 3901 note prec.).
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)[ ] (64) (Jan 2017) (13)).
[ ] (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.(Nov 2021) S.C. 55305 and 10 U.S.C. 2631).
Alternate I of 52.247-64.[ ] (ii) (Apr 2003)
Alternate II of 52.247-64.[ ] (iii) (Nov 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).[X] (1) (Aug 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 [X] (2) (May 2014) and 41 U.S.C. chapter 67).
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price [X] (3) Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.(Aug 2018) C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price [ ] (4) Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to [ ] (5) Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to [ ] (6) Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 [X] (7) (Jan .2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).[X] (8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.[ ] (9) S.C. 1792).
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to [ ] (10) Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)
(d) . The Contractor shall comply with the provisions Comptroller General Examination of Record of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (Jun 2023) Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), ( )Jan 2025 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.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-2010)
40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O (Nov 2021) 13627).
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xvii) 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).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan .2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year (Oct 2016)
2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.(Jun 2020) S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 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.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. (Nov 2024) L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. 1999-11
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .10 days
(End of clause)
52.217-9 Option to Extend the Term of the Contract.
2000-03
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor (a) within ; provided that the Government gives the Contractor a preliminary written notice 10 days of its intent to extend at least days before the contract expires. The preliminary notice 5 days does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to (b) include this option clause.
The total duration of this contract, including the exercise of any options under this clause, (c) shall not exceed (months) (years).4 years
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires.
2014-05
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.
5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
52.252-2 Clauses Incorporated by Reference.
1998-02
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0001 Performanc e Work Sta tement
Performance Work Statement
Oct
Attachment No
0002 QASP Quality Assurance Surveillance Plan
Oct
Attachment No
0003 ADDENDUM
T O FAR
52.2 12-1,
52.2 12-2
ADDENDUM TO
FAR 52.212-1,
52.212-2
Oct
Attachment No
Section K - Representations, Certification, & Other Statements
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-
2026-02
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEVIATION 2025- O0003 and 2025-O0004)
2025-03 Deviation 2025- O0004
2025-03
Offeror Representations and Certifications-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)
(a) . As used in this provision-Definitions
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"-
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-
(1)
(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) , as used in this definition, means a veteran as defined in 38 U.S.C. Service-disabled veteran 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) , as used in this definition, means business concerns, one of whom directly or Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at ) by-13 CFR 124.105
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at ) individuals who are citizens of the United 13 CFR 124.104 States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.
CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2)…
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