B08_SOD_Amd 01 - Combined Synopsis Solicitation Signed.pdf

Combined Synopsis/Solicitation

W911RZ26QA0070001

SERVICE ORDER DESK

The purposes of Amendment 0001 are as follows:

1. Incorporate Questions and Answers received by the stated date and time in the solicitation (1: 00pm MT, 09 March 2026)

2. Provide a copy of the Performance Requirements Summary (PRS) Document.

3. Provide a Workload Metrics.

4. Provide a revised PWS.

5. Provide revised Combined Synopsis Solicitation document, outlining "Basis for Award" and refined "Factor 2 - Past Performance" submission requirements.

6. Update to clause 252.232-7007 - Funding Schedule will be determined at the Task Order Level.

7. As a result of this amendment the due date for quotes is extended by 8 days from 30 March 2026 to 07 April 2026 at 1:00pm (MT).

8. As a result of this amendment the deadline for questions has expired and is not extended.

Questions received after 1:00pm MT, 09 March 2026 may not be answered.

This is a combined synopsis solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

This combined synopsis solicitation is issued as a Request for Quotation (RFQ), solicitation number W911RZ-25-Q-A007 in accordance with FAR Parts 12, 13 & 16. This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Regulation FAC # 2025-06, dated 10/01/2025 and Defense Federal Acquisition Regulation Supplement (DFARS) Change # DFARS Change 10/01/2025. Quotes shall reference solicitation number W911RZ-25-Q-A007.

The Mission Installation Contracting Command (MICC) - Fort Carson intends to award a Firm-Fixed- Price, Indefinite Delivery/Indefinite Quantity (ID/IQ) contract for a base year plus four (4) one-year option periods for the Service Order Desk (SOD) requirement, at Fort Carson, Colorado. See the Performance Work Statement (PWS) for detailed services required. The North American Industrial Classification System (NAICS) code for this procurement is 561210, Facilities Support Services, size standard is $47,000,000.

This combined synopsis solicitation is being set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The Product Service Code is M1AZ, Operation and Other Administrative Facilities and Service Buildings.

The anticipated period of performance (POP) is as follows:

Base Year Phase In (CLIN 0001): May 1, 2026, through May 31, 2026

Base Year Full Performance (CLIN 0002) June 1, 2026, through April 30, 2027

Option Year 1 (CLIN 1001): May 1, 2027, to April 30, 2028

Option Year 2 (CLIN 2001): May 1, 2028, to April 30, 2029

Option Year 3 (CLIN 3001): May 1, 2029, to April 30, 2030

Option Year 4 (CLIN 4001): May 1, 2030, to April 30, 2031

FAR 52.217-8 (CLIN 5001): Extension Period (if exercised): May 1, 2031, to November 1, 2031

Your points of contact regarding this requirement are as follows:

• Mr. Frank M. Camacho (Mike), Contracting Officer, frank.m.camacho.civ@army.mil

• Ms. Erica Licup, Contract Specialist, erica.k.licup.civ@army.mil

• Mr. Rod Fiori, Contract Specialist, rodney.v.fiori.civ@army.mil

This solicitation will close at 1:00 PM MDT on 07 April 2026.

NOTE *All work to be issued and funded at the Task Order level

*** Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.*** mailto:frank.m.camacho.civ@army.mil mailto:erica.k.licup.civ@army.mil mailto:rodney.v.fiori.civ@army.mil

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.

If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

Continuation of Supplies or Services and Prices/Costs Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Phase In CLIN 0001 (Base Year): The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All work shall be performed in accordance with (IAW) the terms, conditions, and specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch Pricing Arrangement: Firm Fixed Price

1 Job

0002 Full Performance Base Year: The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All work shall be performed in accordance with (IAW) the terms, conditions, and specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch

Option Line Item

Option Year One: The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All work shall be performed in accordance with (IAW) the terms, conditions, and specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch Product Service Code: M1AZ

Item

Option Year Two: The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch Product Service Code: M1AZ

Item

Option Year Three: The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All work shall be performed in accordance with (IAW) the terms, conditions, and specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch Product Service Code: M1AZ

Item

Option Year Four: The Contractor shall provide all management, supervision, labor, equipment, and supplies, except as specified as Government furnished, to operate the Directorate of Public Works (DPW) Service Order Desk (SOD) on Fort Carson, Colorado. The SOD serves as the consolidated customer service desk and centralized dispatch center for all services provided by DPW on the Fort Carson Garrison and its outlying areas. All specifications in the contract and IAW of the PWS.

Service Requested: customer service desk and centralized dispatch Product Service Code: M1AZ

Continuation of Description

The anticipated period of performance (POP) is as follows:

Base Year Phase In (CLIN 0001): May 1, 2026, through May 31, 2026

Base Year Full Performance (CLIN 0002) June 1, 2026, through April 30, 2027

Option Year 1 (CLIN 1001): May 1, 2027, to April 30, 2028

Option Year 2 (CLIN 2001): May 1, 2028, to April 30, 2029

Option Year 3 (CLIN 3001): May 1, 2029, to April 30, 2030

Option Year 4 (CLIN 4001): May 1, 2030, to April 30, 2031

FAR 52.217-8 (CLIN 5001): Extension Period (if exercised): May 1, 2031, to November 1, 2031

Work to be issued at the Task Order level.

*** Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.***

*** END OF NARRATIVE ***

Requirements Fort Carson is seeking a qualified contractor to provide comprehensive Service Order Desk support for all installation facilities. This narrative provides prospective bidders with essential information regarding the requirements, scope, and expectations for this critical service. This is a vital function that directly impacts the readiness and quality of life for our Soldiers, families, and civilian workforce. We are looking for a partner committed to excellence in service delivery and seamless integration with existing Army systems. This contract requires the operation of a fully staffed Service Order Desk capable of receiving, categorizing, prioritizing, and managing service requests around the clock. The core of this service is the seamless integration with the Army Garrison Facilities and Engineering Business System and Army Real Maintenance Application systems.

Product Service Code : M1AZ North American Industry Classification System (NAICS) : 561210

Product Service Code : M1AZ

North American Industry Classification System (NAICS) : 561210

Continuation of Inspection and Acceptance Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: IAW of the PWS

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE

FORT CARSON, CO 80913-4093

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Period From 01 May 2026 to 31 May 2026 Quantity 1 Job

Address and POC Service Performance Site DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

FMO, MF CRP BLDG 330 4885 CHILES AVE FORT CARSON, CO 80913-4093

Erica Licup

Period of Performance From 01 May 2026 To 31 May 2026

0002 Delivery Schedule Delivery Period From 01 Jun 2026 to 30 Apr 2027

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

01 Jun 2026 To 30 Apr 2027

Option Line Item

Delivery Schedule Delivery Period From 01 May 2027 to 30 Apr 2028

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

01 May 2027 To 30 Apr 2028

Option Line Item

Delivery Schedule Delivery Period From 01 May 2028 to 30 Apr 2029

W0VN USAG DPW HOUSING DIV

01 May 2028 To 30 Apr 2029

Option Line Item

Delivery Schedule Delivery Period From 01 May 2029 to 30 Apr 2030

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

01 May 2029 To 30 Apr 2030

Item

Delivery Schedule Delivery Period From 01 May 2030 to 30 Apr 2031

DoDAAC: W51HU9 CountryCode: USA

W0VN USAG DPW HOUSING DIV

01 May 2030 To 30 Apr 2031

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective

52.203-3 Gratuities. 1984-04

52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts. (Deviation)

2026-02

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.219-16 Liquidated Damages- Subcontracting Plan. (Deviation)

52.224-3 Privacy Training. 2017-01

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

DFARS Clauses Incorporated by Reference

Alternate Deviation

Variation Effective

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

252.203-7003 Agency Office of the Inspector General.

2019-08

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense 2024-05 Deviation 2024-05 Information and Cyber Incident

Reporting. (DEVIATION 2024-

O0013 REVISION 1)

2024- O0013

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7056 Prohibition Regarding Business 2023-01

Operations with the Maduro Regime.

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

2023-06

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

252.245-7005 Management and Reporting of Government Property.

2024-01

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10

FAR Clauses Incorporated by Full Text

Alternate Deviation

Variation

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation)

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.

C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.219-14 Limitations on Subcontracting

(DEVIATION 2021-O0008)

2022-10 Deviation 2021- O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405- 5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s

50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

DFARS Clauses Incorporated by Full Text

Alternate Deviation

Variation

252.232-7006 Wide Area WorkFlow Payment Instructions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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

W911RZ

Admin DoDAAC

W911RZ

Inspect By DoDAAC

W51HU9

Ship To Code

N/A

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact:

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

CONTRACTING OFFICER REPRESENTATIVE:

CONTRACTING OFFICER: FRANK CAMACHO; frank.m.camacho.civ@army.mil

CONTRACT SPECIALIST: ERICA LICUP; erica.k.licup.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) mailto:frank.m.camacho.civ@army.mil mailto:erica.k.licup.civ@army.mil

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

Alternate Deviation

Variation

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

(DEVIATION 2025-O0003 and 2025-O0004)

2025-01 Deviation 2025- O0004

2025-03

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X(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)).

X(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).

X(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).

X(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

X(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

X(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:

(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).

(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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.

C. 6101 note).

(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]

(18)

X(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.

(20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)(15 U.S.C. 637(d)(2) and (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (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 (Jan 2025) 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.

X(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F) (i)).

X(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).

(26)

X(i) 52.219-28, Postaward Small Business Program Re representation (Jan 2025) (15 U.S.

C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(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)).

(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) (15 U.S.C. 637(a)(17)).

X(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025)(E.O.

13126).

(33) [Reserved]

(34) [Reserved]

(35)

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

(ii) Alternate I (Jul 2014) of 52.222-35.

(36)

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

X(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).

(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).

(40) 52.222-54, Employment Eligibility Verification (Jan 2025) (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.)

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content…