Solicitation Amendment - W911RX25RA0040005.pdf
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- Attached to
- Fort Riley Custodial Services Federal contract opportunity
- Solicitation number
- W911RX-25-R-A004
About this file
This document is a Solicitation/Contract for Custodial Services at Fort Riley, Kansas, identified by solicitation number W911RX25RA0040005. The contract is set aside 100% for small businesses, specifically targeting HUBZone, service-disabled veteran-owned, women-owned, and 8(a) small businesses, with a size standard of $19.5 million. The base period and four option periods will each run for 52 weeks, from April 1st of respective years through March 31st of the following year, covering custodial services for approximately 130 buildings totaling over 1 million square feet.
The solicitation requires comprehensive custodial services including cleaning of administrative facilities, training and education facilities, child and youth development centers, and headquarters buildings. The contract will be firm-fixed-price, with pricing to include direct and indirect labor, overhead, health and welfare costs, equipment, protective clothing, immunizations, and background investigations. Evaluation will be based on technical capability (pass/fail), past performance, and price, with technical and past performance combined being more important than cost. Offerors must submit detailed technical proposals addressing management approach, staffing, quality control, scheduling methodology, equipment, and supplies, along with past performance information demonstrating relevant experience in large-scale custodial services.
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Text version
31b. NAME OF CONTRACTING OFFICER (Type or print) 30c. DATE SIGNED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
1. REQUISITION NUMBER
PAGE 1 OF
2. CONTRACT NUMBER
7. FOR SOLICITATION
INFORMATION CALL:
3. AWARD/EFFECTIVE
DATE
a. NAME
RICHARD BROWN
4. ORDER NUMBER 5. SOLICITATION NUMBER
W911RX25RA0040005
b. TELEPHONE NUMBER (No collect calls)
(785) 240-3197
6. SOLICITATION ISSUE
DATE
23 JAN 2025
8. OFFER DUE DATE/
LOCAL TIME
20 MAR 2025
05:00 PM
9. ISSUED BY CODE W911RX 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:
W6QM MICC-FT RILEY
KO DIRECTORATE OF CONTRACTIN, 1792 12TH STREET
FORT RILEY, KS 66442-0248
UNITED STATES
RICHARD BROWN, EMAIL: RICHARD.D.BROWN144.CIV@ARMY.MIL
TELEPHONE: (785) 240-3197
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
561720
SIZE STANDARD:
USD 19,500,000.00
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
13b. RATING
14. METHOD OF SOLICITATION
REQUEST
UNLESS BLOCK IS MARKED
SEE SCHEDULE
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
FOR
PROPOSAL
(RFP)
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
SEE CONTINUATION
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
OFFER BELOW IS CHECKED 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)
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
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
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)
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
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 mailto:RICHARD.D.BROWN144.CIV@ARMY.MIL
Solicitation/Contract Form Continuation
Custodial Services Fort Riley Ks
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Product Service Description: CLIN
0001 CUSTODIAL SERVICES
Perform Custodial Service as defined in the Performance Work Statement (PWS), Technical Exhibits, and Attachments during the Contract Base Period. POP 1 April 2025 thru 31 Mar 2026
Pricing Arrangement: Firm Fixed Price
Week
0002 MANAGEMENT
Perform Contract Management, Quality Control, and Safety Program Oversight for the Contract Base Period. POP 1 Apr 2025 thru 31 Mar 2026.
Option Line Item
Product Service Description: CLIN
1001 CUSTODIAL SERVICES
Perform Custodial Service as defined in the Performance Work Statement (PWS), Technical Exhibits, and Attachments during the Contract 1st Option Period. POP 1 April 2026 thru 31 Mar
Product Service Description: CLIN
1002 MANAGEMENT
Perform Contract Management, Quality Control, and Safety Program Oversight for the Contract 1st Option Period. POP 1 Apr 2026 thru 31 Mar 2027.
Product Service Description: CLIN
2001 CUSTODIAL SERVICES
Perform Custodial Service as defined in the Performance Work Statement (PWS), Technical Exhibits, and Attachments during the Contract 2nd Option Period. POP 1 April 2027 thru 31 Mar
2002 MANAGEMENT
Perform Contract Management, Quality Control, and Safety Program Oversight for the Contract 2nd Option Period. POP 1 Apr 2027 thru 31 Mar 2028.
52 Week
Product Service Description: CLIN
3001 CUSTODIAL SERVICES
Perform Custodial Service as defined in the Performance Work Statement (PWS), Technical Exhibits, and Attachments during the Contract 3rd Option Period. POP 1 April 2028 thru 31 Mar
Product Service Description: CLIN
3002 MANAGEMENT
Perform Contract Management, Quality Control, and Safety Program Oversight for the Contract 3rd Option Period. POP 1 Apr 2028 thru 31 Mar 2029.
Product Service Description: CLIN
4001 CUSTODIAL SERVICES
Perform Custodial Service as defined in the Performance Work Statement (PWS), Technical Exhibits, and Attachments during the Contract 4th Option Period. POP 1 April 2029 thru 31 Mar
Product Service Description: CLIN
4002 MANAGEMENT
Perform Contract Management, Quality Control, and Safety Program Oversight for the Contract 4th Option Period. POP 1 Apr 2029 thru 31 Mar 2030.
Continuation of Description
Requirements Purpose: Amendment 5: The following areas of the solicitation are amended:
1. Questions are addressed within these updates.
2. Addendum to 52.212-1 updated,
3. Addendum to 52.212-2 updated.
4. CLIN quantity and Unit updated.
5. Attachment numbers and dates updated.
6. TE 1 PWS Riley 25-30 Custodial Service updated. (See 1.7.11.5.3)
Product Service Code: S201
Product Service Code: S201
Option Line Item
Product Service Code: S201
Option Line Item
Product Service Code: S201
Option Line Item
Product Service Code: S201
Option Line Item
Product Service Code: S201
Option Line Item
Product Service Code: S201
Option Line Item
Product Service Code: S201
Product Service Code: S201
Product Service Code: S201
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
2001 Both
Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Continuation of Deliveries or Performance
From 01 Apr 2025 to 31 Mar 2026
Party to Pay Transportation Cost: Contractor
Point Type: Destination
Line Item Delivery Schedule Quantity Address and POC
Delivery On Or Before Delivery Date 01 Apr 2025
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Period of Performance From 01 Apr 2025 To 31 Mar 2026
Delivery Date 01 Apr 2025
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
01 Apr 2025
31 Mar 2026
Delivery On Or Before Delivery Date 01 Apr 2026
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2026
31 Mar 2027
Delivery Date 01 Apr 2026
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
01 Apr 2026 To 31 Mar 2027
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
Delivery On Or Before Delivery Date 01 Apr 2027
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2027
31 Mar 2028
Delivery On Or Before Delivery Date 01 Apr 2027
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2027
01 Mar 2028
Delivery On Or Before Delivery Date 01 Apr 2028
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2028
31 Mar 2029
Delivery On Or Before 52 Week Place of Performance
Delivery Date 01 Apr 2028 DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
Option Line Item UNITED STATES
01 Apr 2028
31 Mar 2029
Delivery On Or Before Delivery Date 01 Apr 2029
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2029
31 Mar 2030
Delivery On Or Before Delivery Date 01 Apr 2029
52 Week Place of Performance DoDAAC: W55RN3 CountryCode: USA
W0VM GARRISON DPW BUS OPS DIV
BLDG 368 DICKMAN ST, FORT RILEY KS 66442-5936
FORT RILEY, KS 66442-5936
UNITED STATES
Period of Performance From 01 Apr 2029
31 Mar 2030
Contract Clauses FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. Oct 2016 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.225-1 Buy American-Supplies Oct 2022 52.233-3 Protest after Award. Aug 1996 52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
DFARS Clauses Incorporated by Reference
Alternate/ Deviation
252.245-7005 Management and Reporting of Government Property. Jan 2024 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011
252 204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Jan 2023 Services.
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252 226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Jan 2023
Hawaiian Small Business Concerns.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
Variation Effective
Date
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and http://www.sam.gov/
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2 in 1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W911RX Admin DoDAAC W911RX Inspect By DoDAAC W55RN3 Ship To Code W55RN3 Ship From Code Mark For Code
Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Richard Brown richard.d.brown144.civ@army.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause) mailto:richard.d.brown144.civ@army.mil
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
(May 2024)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)
(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 (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)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(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 (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 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:
[Contracting Officer check as appropriate.]
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111- 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply 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).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Nov 2021) (31 U.S.C. 6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
[X] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
[X] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
[X] (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[X] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[X] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not 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.)
[X] (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.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[X] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
[X] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
[X] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
[X] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 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 (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1.
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 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.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (64)
(i) 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).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(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:
[Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 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).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(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 (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of 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 (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(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 (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(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 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(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) 52.247-64, 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.
Addendum to Contract Clauses
Alternate/ Deviation
52.202-1 Definitions. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. May 2014 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.223-10 Waste Reduction Program. May 2024 52.224-2 Privacy Act. Apr 1984 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.242-13 Bankruptcy. Jul 1995 52.242-15 Stop-Work Order. Aug 1989 52.242-17 Government Delay of Work. Apr 1984 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.247-34 F.o.b. Destination. Nov 1991 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991 52.245-1 Government Property. Sep 2021 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015
52.232-1 Payments. (Apr 1984)
As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:
Payments (Apr 1984)
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, Number Title Effective Date
Alternate/ Deviation
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Jan 2023 Information.
252.217-7015 Safety and Health. Dec 1991 252.219-7011 Notification to Delay Performance. Jun 1998 252.201-7000 Contracting Officer's Representative. Dec 1991 252.245-7003 Contractor Property Management System Administration Apr 2012 252.247-7007 Liability and Insurance. Dec 1991 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.225-7041 Correspondence in English. Jun 1997 252.243-7001 Pricing of Contract Modifications. Dec 1991 payment shall be made on partial deliveries accepted by the Government if-
(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
52.232-9 Limitation on Withholding of Payments. (Apr 1984)
As prescribed in 32.111(b)(2), insert a clause substantially as follows, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a supply contract, service contract, time-and-materials contract, labor-hour contract, or research and development contract is contemplated that includes two or more terms authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed:
Limitation on Withholding of Payments (Apr 1984)
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to-
(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
52.216-18 Ordering. (Aug 2020)
As prescribed in 16.506(a), insert the following clause:
Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 April 2025 through 30 Sep 2030[insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when-
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either-
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
52.216-21 Requirements. (Oct 1995)
As prescribed in 16.506(d), insert the following clause:
Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Sep 2030[insert date].
52.216-22 Indefinite Quantity. (Oct 1995)
As prescribed in 16.506(e), insert the following clause:
Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Sep 1030[insert date].
52.219-11 Special 8(a) Contract Conditions. (Jan 2017)
As prescribed in 19.811-3(a), insert the following clause:
Special 8(a) Contract Conditions (Jan 2017)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements, delegate to the MICC Fort Riley[insert name of contracting agency] the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the MICC Fort Riley[insert name of contracting agency] shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the MICC Fort Riley [insert name of contracting agency].
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.
(f) To notify the MICC Fort Riley[insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
52.219-17 Section 8(a) Award. (Oct 2019)
As prescribed in 19.811-3(c), insert the following clause:
Section8(a) Award (Oct 2019)
(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:
(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been…
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