About this file

This is a Women-Owned Small Business (WOSB) Request for Quote (RFQ) for commercial containers used in military cannon assembly and shipment. The Government seeks 270 containers per Drawing #11579789 (Sheets 1-4, various revisions) for the 120mm M256 Cannon, with an optional quantity of up to 54 additional containers. The solicitation is a 100% set-aside for WOSB concerns and is issued by the Army Contracting Command at Watervliet Arsenal in New York. The solicitation number is W911PT26QA033, with an offer due date of March 18, 2026, at 4:00 PM local time.

The RFQ is structured with eight contract line items (CLINs): four CLINs (0001, 0003, 0005, 0007) requiring First Article Approval with quantities of 187, 11, 15, and 57 containers respectively, and four corresponding CLINs (0002, 0004, 0006, 0008) with First Article Approval waived for the same quantities. A ninth CLIN (0009) provides an option for 54 containers exercisable within 180 days of contract completion. For CLINs with First Article Approval required, the contractor must deliver the initial sample within 60 days of contract award and then begin production within 30 days of approval, at a minimum rate of 30 containers per month. For CLINs with waivers, production deliveries begin 60 days after award at the same monthly rate. All items must be inspected and accepted at Watervliet Arsenal; the contractor bears transportation costs on an FOB Destination basis. The Government will add $1,200 to the evaluated price of offers that cannot obtain First Article Approval waiver based on prior performance criteria. Responses must be submitted electronically to Amanda Robinson at amanda.p.robinson2.civ@army.mil. The contract incorporates numerous FAR and DFARS clauses addressing cybersecurity, supply chain security, buy American requirements, small business utilization, export controls, and various employment and labor standards.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Solicitation/Contract Form Continuation

Cannon ContainersInstrument Name:

NOTICE

THE GOVERNMENT INTENDS TO ONLY MAKE ONE AWARD FOR A TOTAL QUANTITY OF

270 EACH OF DRAWING # 11579789, EITHER WITH THE FIRST ARTICLE REQUIREMENT

(CLIN 0001, 0003, 0005 and 0007) OR WITHOUT THE FIRST ARTICLE REQUIREMENT (CLIN 0002, 0004, 0006 and 0008). PLEASE PRICE ACCORDINGLY.

CLIN #0009 IS FOR AN OPTION OF UP TO 54 EACH. THE GOVERNMENT WILL HAVE THE

RIGHT TO EXERCISE THE OPTION QUANTITY. WE MAY EXERCISE THE ENTIRE

QUANTITY AT ONE TIME OR MULTIPLE QUANTITIES AT DIFFERENT TIMES UP TO THE

MAXIMUM QUANTITY OF 9 EACH (SEE CLAUSE 52.217-7, OPTION FOR INCREASED

QUANTITY FOR MORE INFORMATION).

COMMERCIAL NARRATIVES

REQUEST FOR QUOTE RESPONSES

ALL RESPONSES MUST BE ELECTRONIC. YOU MUST SUBMIT YOUR QUOTE

RESPONSES USING

THE FOLLOWING METHODS:

(a) Email to: amanda.p.robinson2.civ@army.mil

(b) Request for Quotes must be filled out completely and sent in its entirety to be considered responsive.

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

(a) The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 "Personal Identity Verification of Contractor Personnel") as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any

W911PT26QA033

individual facility or installation change, the Government may require changes in contractor security matters or processes.

(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.

(c) For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS

(a) IMPORTANT DELIVERY/QUALITY REQUIREMENTS:

(1) ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY REQUIREMENT IN THE

REQUEST FOR QUOTE OR SOLICITATION. WHEN SUBMITTING AN OFFER/BID, PLEASE

ENSURE THAT YOU CAN MEET THE DELIVERY SCHEDULE.

(2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST ADHERE TO THE

DELIVERY REQUIREMENTS INDICATED IN ANY RESULTANT AWARD. FAILURE TO

COMPLY WITH THE CONTRACTUAL DELIVERY SCHEDULE, MAY RESULT IN

TERMINATION OF THE ORDER OR REQUIRE CONSIDERATION IF THE GOVERNMENT

ELECTS TO EXTEND DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid.

They are not acceptable excuses for failing to meet the delivery after award).

(3) PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT ARE JUST

AS IMPORTANT AS MEETING THE REQUIRED DELIVERY. DELIVERY OF NON-

CONFORMING PRODUCTS RESULTS IN DELIVERY DELAYS AND INCREASED COSTS

TO THE ARSENAL.

(4) PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR

CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT AWARDS.

NOTICE: Throughout this document we may use the terms "we" and "you", the term "we" means the government of the United States of America, and the term "you" means the contractor.

(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:

"Watervliet Arsenal Information for Contractors" document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available."

POC - CONTRACT SPECIALIST/BUYER: Amanda Robinson

TELEPHONE NUMBER: 518-266-4931

E-MAIL ADDRESS: amanda.p.robinson2.civ@army.mil

CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:

Please provide the following information for your company.

VENDOR NAME: _________________________

VENDOR POC: __________________________

POC PHONE: ____________________________

E-MAIL ADDRESS (see note below): __________________________

UNIQUE ENTITY ID _______________________

CAGE CODE (if known) __________________

TAX ID NUMBER ________________________

VENDOR FAX NUMBER ________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be data faxed.

(c) AWCF BULK FUND ____ DOES _X_ DOES NOT APPLY

(d) POSTERS:

(1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, "Employee Rights on Government Contracts".

(2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, "Employee Rights under the Davis Bacon" and the Office of Federal Contract Compliance poster on "Equal Employment Opportunity is the Law."

(3) These posters can be accessed electronically at http://www.dol.gov .

(4) Hard copies of the posters will be made available upon request to the contracting officer.

(e) PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the "my invoice" system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.

(f) RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor's responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.usapa.army.mil/pdffiles/r360_1.pdf

DELIVERY INFORMATION

(a) Effective 1 March, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment System (CAS). Carriers can register for

CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carriers must call the transportation desk at 518-266-5858 to schedule an appointment

Note(s):

i. Late/early arrivals may be rescheduled to the next available appointment date.

ii. This will not apply to small package carriers such as FEDEX, UPS, or DHL.

(b) NOTICE: NORMAL DELIVERY HOURS FOR RECEIPT OF SUPPLIES AT WATERVLIET

ARSENAL ARE AS FOLLOWS:

Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST

Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2026 to be closed is January 9, 2026.

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE CONTRACT/PURCHASE

ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS SCHEDULED FOR A FRIDAY TO

FIND OUT IF THE ARSENAL WILL BE OPEN FOR BUSINESS.

Also, when a federal holiday is normally observed on a Friday, the arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.

THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES AS

WATERVLIET ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE, DEMURRAGE OR

SHIPPER LABOR COSTS INCURRED AS A RESULT OF CONTRACTOR ATTEMPTED

DELIVERIES ARRIVING DURING NON-BUSINESS HOURS.

(b) ITEM DESCRIPTION:

The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor's expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor's documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.

HQ-AMC LEVEL PROTEST PROCEDURES

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal- Resources/ An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

Disclosure of Unit Price Information

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

EVALUATION--COMMERCIAL ITEMS

(a) We will award a contract to the offeror that:

1. submits the lowest evaluated bid or offer, and

2. submits a bid or proposal that meets all the material requirements of this solicitation, and

3. meets all the responsibility criteria at FAR 9.104

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:

1. arrange a visit to your plant and perform a preaward survey;

2. ask you to provide financial, technical, production, or managerial background information.

(c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

PROMPT PAYMENT NOTICE TO FAR 52.212-4

In accordance with the prompt payment regulations at 5 CFR 1315 referenced in FAR 52.212-4 Contract Terms and Conditions - Commercial Items, specifically 5 CFR 1315-4(b)(1)(B), Government acceptance shall be deemed to have occurred constructively on the day after 30th the contractor delivered the supplies or performed the services.

CRITICAL MILITARY TECHNOLOGY

The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal. These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.

LIST OF DOCUMENTS/DRAWING NO.

Drawing # 11579789 (SHEET 1 AND 4 REV E, SHEET 2 REV D AND SHEERT 3 REV B);

DISCLOSURE OF WATERVLIET ARSENAL TECHNOLOGY

In accordance with, Title 10 of the U.S. Code Section 4542, no Cannon Production Technology as defined herein, may be furnished to any foreign source or representative thereof. Therefore, solicitations and subsequent contracts for this requirement will be confined only to United States, Puerto Rico, and Canada which are considered part of the United States Industrial Base. Cannon Production Technology (as defined below) or other technology on any defense item being manufactured or developed at Watervliet Arsenal, will not be released outside the offeror's/contractor's firm and/or the United States of America (the latter prohibition includes, but is not limited to, disclosure to the offeror's/contractor's foreign subsidiaries, affiliates, etc.)

nor will such technology be used to manufacture cannon (as defined below) or other defense items being manufactured or developed at Watervliet Arsenal, in response to requests from anyone other than Watervliet Arsenal, without prior written approval of Watervliet Arsenal

(WVA). The offeror/contractor is hereby notified that any breach by him/her of the above provision may legally be pursued by the Government as a breach of implied contract (with respect to an offeror) or breach in contract (with respect to the firm awarded the contract). The offeror/contractor is hereby also placed on written notice that any damages the Government chooses to pursue for such breach may include any consequential damages for which the offeror/contractor would be liable. In addition, injunctive relief may be pursued in the event of violation of the above provision. If prior approval of Watervliet Arsenal has been obtained, as required by the above provision, any subcontract is involved, the contractor shall insert the substance of this provision (that is, the first three full paragraphs above) in such subcontract.

Failure of the contractor to include this provision in any subcontract may be pursued by the Government as a breach of contract by the contractor whereby he/she may be liable for any damage, to include consequential damages, caused Watervliet Arsenal due to unauthorized release or use of the data by the subcontractor. Additionally, any drawings, specifications, or other technical data furnished with this solicitation need not be returned to the Watervliet Arsenal, but should be disposed of by the offeror, however care must be taken to assure disposal of the data is made in a manner which will comply with the terms of this provision.

Notice for AbilityOne Subcontracting Goal Credit

"Note: In accordance with Public Law 102-396, AbilityOne organizations will be afforded the maximum practical opportunity to participate as subcontractors and suppliers in the performance of this contract. As prescribed by 10 U.S.C. 2410d and Section 9077 of Public Law 102-396, and in accordance with DFARS 219.703, Eligibility requirements for participating in the program, offerors may receive credit towards the small business subcontracting goal for subcontracts placed with qualified nonprofit agencies participating in the AbilityOne program.

AbilityOne organizations are qualified nonprofit agencies for the blind and other severely disabled that are approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the Javits-Wagner-O'Day Act (41 U.S.C. 46-48).

For additional information on AbilityOne's program and products see http://www.abilityone.gov /index.html. For additional information on DoD activities in support of AbilityOne see http://www.

acq.osd.mil/dpap/cpic/cp/abilityone_program.html.

TECHNICAL DATA PACKAGE INFORMATION

The following "X"d item applies to this solicitation:

[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.

[X] 2. The TDP for this solicitation resides within SAM (https://www.SAM.gov), associated with this solicitation number, and can be accessed via this URL: Attached in Sam

-1-

To access the data through SAM

a. Log on to the SAM web site.

b. Search for the solicitation number.

c. The solicitation and TDP documents will be attached in the "Attachments/Links" section of the posting. Access to documents in this section will be marked either "Public" or ""Controlled"

d. Public documents can be viewed right away. To access controlled documents, click on the document link and select "Request Access." This will generate an email to the contracting specialist or contracting officer responsible for the solicitation to notify them a contractor is requesting access. Access will be granted to contractors with an active DD2345 on file. SAM will subsequently automatically generate an email stating when the requesting contractor has permission to view or download TDP items. Allow two (2) to three (3) working days to complete this TDP access/approval process through the SAM system.

f. If multiple individuals in the contractor's organization need access to the Technical Data Package (TDP) for a solicitation and an explicit access request is required, each individual MUST submit an explicit access request to be granted approval to view the TDP. Those same individuals MUST be registered in SAM. Any individuals no longer with the company should be deleted.

g. It is strongly suggested that contractors submit the explicit access request and provide the buyer with the completed "Use and Non-Disclosure Agreement" at the same time if the solicitation requires both to gain access to view the TDP.

*** END OF NARRATIVE ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 FIRST ARTICLE APPROVAL

REQUIRED - Container, per Drawing #

11579789 (SHEET 1 AND 4 REV E,

SHEET 2 REV D AND SHEERT 3 REV

B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with

CONTRACT DATA REQUIREMENTS

LIST (DD FORM 1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment

A. INSPECTION REQUIRED MID:

EH23ULB440EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

187 Each

0002 FIRST ARTICLE APPROVAL WAIVED

- Container, per Drawing # 11579789

(SHEET 1 AND 4 REV E, SHEET 2

REV D AND SHEERT 3 REV B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH23ULB440EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

187 Each

0003 11 Each

FIRST ARTICLE APPROVAL

REQUIRED - Container, per Drawing #

11579789 (SHEET 1 AND 4 REV E,

SHEET 2 REV D AND SHEERT 3 REV

B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with

CONTRACT DATA REQUIREMENTS

LIST (DD FORM 1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment

A. INSPECTION REQUIRED MID:

EH26UFM423EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

0004 FIRST ARTICLE APPROVAL WAIVED

- Container, per Drawing # 11579789

(SHEET 1 AND 4 REV E, SHEET 2

REV D AND SHEERT 3 REV B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH26UFM423EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

11 Each

0005 FIRST ARTICLE APPROVAL

REQUIRED - Container, per Drawing #

11579789 (SHEET 1 AND 4 REV E,

SHEET 2 REV D AND SHEERT 3 REV

B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with

15 Each

CONTRACT DATA REQUIREMENTS

LIST (DD FORM 1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment

A. INSPECTION REQUIRED MID:

EH26UFM423EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

0006 FIRST ARTICLE APPROVAL WAIVED

- Container, per Drawing # 11579789

(SHEET 1 AND 4 REV E, SHEET 2

REV D AND SHEERT 3 REV B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH26UFM423EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

15 Each

0007 FIRST ARTICLE APPROVAL

REQUIRED - Container, per Drawing #

11579789 (SHEET 1 AND 4 REV E,

SHEET 2 REV D AND SHEERT 3 REV

B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with

CONTRACT DATA REQUIREMENTS

LIST (DD FORM 1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment

A. INSPECTION REQUIRED MID:

EH25UFM502EHM71

Manufacturer's Part Number: 11579789

57 Each

Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

0008 FIRST ARTICLE APPROVAL WAIVED

- Container, per Drawing # 11579789

(SHEET 1 AND 4 REV E, SHEET 2

REV D AND SHEERT 3 REV B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH25UFM502EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

57 Each

Option Line Item

***OPTION IN ACCORDANCE WITH

FAR 52.217-7*** Container, per Drawing # 11579789 (SHEET 1 AND 4

REV E, SHEET 2 REV D AND

SHEERT 3 REV B); for 120mm M256 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A. Along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH25UFM502EHM71

Manufacturer's Part Number: 11579789 Manufacturer's CAGE: 19206 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

54 Each

Continuation of Description

Requirements

CONTAINER, M256 TUBE

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F6015016V

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F6015016V

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F601500JZ

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F601500JZ

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F6016006T

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F6016006T

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F60140168

Product Service Code : 8115 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F60140168

Product Service Code : 8115 Bill to Party: W16H1F

Option Line Item 0009 CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F60140168

Product Service Code : 8115 Bill to Party: W16H1F

Continuation of Inspection and Acceptance

INSPECTION AND ACCEPTANCE/FIRST ARTICLE CLAUSE REQUIREMENTS

PLACE OF INSPECITON AND ACCEPTANCE

Government inspection/acceptance will be made by the authorized Government Representative located at:

Inspection Acceptance

[X] Watervliet Arsenal [X] Watervliet Arsenal

[ ] Contractor's Plant [ ] Contractor's Plant

52.246-15 CERTIFICATE OF CONFORMANCE (Apr 1984)

GENERAL QUALITY ASSURANCE PROVISIONS (Jun 1996) (ACC-WRN

(WVA))

Contractor requirements and inspection provisions are required in accordance with QAP- APPENDIX-WVA and the item QAP(s) (if applicable).

(END OF CLAUSE)

52.209-4 Alt I FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (Sep 1989) - ALTERNATE I (Jan 1997)

(a) The contractor shall deliver ___the initial container per 11579789_________________ unit

(s) of Lot/Item 0001 within calendar days from the date of this contract to the Government at:60

WATERVLIET ARSENAL

VENDOR QUALITY & GAGE CALIBRATION WORK GROUP

BLDG #35-E, ATTN: TAWV-ODQ-M

WATERVLIET, NY 12189-4050

for first article tests. The shipping documentation shall contain this contract number and the Lot /Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the government receives the first article, the contracting officer shall notify the contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the contractor.

A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor--

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of clause)

EVALUATION OF NECESSITY FOR FIRST ARTICLE AND COST

RELATED THERETO (Feb 1992) (ACC-WRN(WVA))

a. The requirement entitled First Article Inspection as provided in Section E of this solicitation may be waived by the government under the following conditions, all inclusive:

(1) The offeror has had a First Article approved by the government and/or has produced the same or similar item within the past 12 months from the date set for submission of offers. (In case of forging performs, tube forgings and breech ring forgings, the 12 month figure is changed to 36 months), and

(2) There have been no significant changes in processes or applicable specifications and/or drawings, concerning the item being solicited, and

(3) Production deliveries on the offeror's most recent contract for the same or a similar item did not include non-conforming material delivered to Watervliet Arsenal, or destination. (If the non-reported discrepant condition(s) are considered minor by Watervliet Arsenal, this condition may be waived.)

NOTE: The determination as to significant changes, similar items, and minor condition(s) will be at the sole election of the Watervliet Arsenal.

If the offeror wants to be considered for waiver, the offeror shall furnish in the space provided below information relative to the prior approval:

CONTRACT NUMBER: _________________

DATE OF APPROVAL: __________________

b. In evaluating offers herein, the sum of $ which represents the cost to the __1200.00____, government for performing First Article testing, will be added to the total price of those offers for which such testing cannot be waived in accordance with the criteria set forth above.

c. Where alternate offers are permitted in Section B, for First Article required and First Article waived, award may be made, in the government's best interest, for EITHER item after application of the evaluation factors set forth herein. Offeror's are cautioned that failure to provide a price for the line item which includes the First Article Test may result in the loss of an award if the government is unable to waive the First Article Requirement. (END OF

PROVISION).

*** END OF NARRATIVE ***

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

WATERVLIET, NY 12189-4050

UNITED STATES

0005 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0006 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0007 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

WATERVLIET, NY 12189-4050

UNITED STATES

0008 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

Continuation of Deliveries or Performance

REQUIRED DELIVERY SCHEDULE

CLIN 0001, 0003, 0005 & 0007 - 60 DAYS AFTER DATE OF CONTRACT FIRST ARTICLE

- DELIVERIES TO START 30PRODUCTION QUANTITY

DAYS AFTER DATE OF FIRST ARTICLE APPROVAL AT A

MINUMUM RATE OF 30 PER MONTH

OR

CLIN 0002, 0004, 0006 & 0008 - DELIVERIES TO START 60PRODUCTION QUANTITY

DAYS AFTER DATE OF AWARD AT A MINUMUM RATE

OF 30 PER MONTH

CLIN 0009 - DELIVERIES TO START 60 DAYSOPTION QUANTITY

AFTER DATE OF EXERCISED OPTION

*** END OF NARRATIVE ***

0001 Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of Award 1 Each Delivery Schedule From date of lead time event to delivery 30 Calendar Days

Date of First Article Test Approval 186 Each

187 EachQuantity

Address and POC

Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of Award Receipt 187 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 Delivery Schedule From date of lead time event to delivery 30 Calendar Days

Date of First Article Test Approval 11 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0004 Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of Award 11 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0005 Delivery Schedule From date of lead time event to delivery 30 Calendar Days

Date of First Article Test Approval 15 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0006 Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of Award 15 EachQuantity

Address and POC Ship To

DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0007 Delivery Schedule From date of lead time event to delivery 30 Calendar Days

Date of First Article Test Approval 57 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0008 Delivery Schedule

From date of lead time event to delivery 60 Calendar Days

Date of Award 57 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule From date of lead time event to delivery 60 Calendar Days

CLIN Only - Date of Option Exercised 54 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I)

2020-06 Alternate I

2021-11

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2026-02

52.204-13 System for Award Management- Maintenance.

2026-02

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

2026-02

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

(Deviation)

2026-02

52.212-4 Terms and Conditions-Commercial Products and Commercial Services.

2026-02

52.219-6 Notice of Total Small Business Set-Aside. 2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

2026-02

52.222-37 Employment Reports on Veterans. 2026-02

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

2026-02

52.222-50 Combating Trafficking in Persons. 2026-02

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

2024-05

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. 2026-02

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.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7022 Expediting Contract Closeout. 2021-05

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

2023-01

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

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

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2017-01

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.

g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.219-8 Utilization of Small Business Concerns. 2026-02

Utilization of Small Business Concerns (Feb 2026)

(a) Definitions. As used in this contract-

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) and the System for Award Management (SAM).

Service-disabled veteran-owned small business (SDVOSB) concern means an SDVOSB concern that meets the requirements described in 13 CFR 128.300, is certified by SBA, and is designated by SBA as an SDVOSB concern in SBS and SAM.

Small business concern 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 and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.

Small disadvantaged business (SDB) concern 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 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United 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 CFR 124.104(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.

Veteran-owned small business (VOSB) 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 small business (WOSB) 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 least 51 percent of the stock of which is owned by one or more women;

(2) Whose management and daily business operations are controlled by one or more women; and

(3) That is certified by SBA or an approved third- party certifier in accordance with 13 CFR

127.300 and is designated by SBA as a WOSB concern in SBS and SAM.

(b) It is the policy of the United States that small business concerns, VOSB concerns, SDVOSB concerns, HUBZone small business concerns, SDB concerns, and WOSB concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, VOSB concerns, SDVOSB concerns, HUBZone small business concerns, SDB concerns, and WOSB concerns.

(c)

(1) A joint venture qualifies as a small business concern if-

(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or

(ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program. (See 13 CFR 125.9(d).)

(2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).

(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the Small Business Administration or the awarding agency of the as may be necessary to determine the extent of the Contractor's compliance with this clause.

(e)

(1) Unless the…

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