DRAFT - Solicitation - W9124725RA022.pdf

PDF 3 MB Posted

Attached to
FORSCOM Language and Culture Services Federal contract opportunity
Solicitation number
W91247-25-R-A022
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command

About this file

This document is a Request for Quote (RFQ) for a Women-Owned Small Business (WOSB) contract for FORSCOM Language and Culture Services. The solicitation (W91247-25-R-A022) is issued by the U.S. Army and seeks a contractor to provide language and cultural training services, including native-speaking language instructors and technical support personnel for adult foreign language students. The contract will run from November 1, 2025, through October 31, 2030, with a total estimated value of $20,500,000.

Key contract details include a 30-day phase-in period, performance across Eastern/Central and Western Regions, and multiple Contract Line Item Numbers (CLINs) covering phase-in, program management, technical resource support, foreign language instruction, travel, and service contract reporting. The solicitation is set aside for Women-Owned Small Businesses, with a North American Industry Classification System (NAICS) code of 611630 and a size standard of $20.5 million. Proposals are due by August 4, 2025, at 4:00 PM EST, with performance to be conducted at Fort Bragg, North Carolina.

View the file

Other files for this federal contract opportunity

Other files attached to FORSCOM Language and Culture Services, newest first.
File Type Posted
Conformed Copy Solicitation Amendment - W9124725RA0220001 - 20250804.pdf PDF
W91247-25-R-A022 Questions Received And Answers 20250804.xlsx XLSX spreadsheet
TE 1_Performance Requirements Summary 20250804.pdf PDF
TE 2_Deliverables Schedulev2 - 20250804.pdf PDF
TE 4_List of Foreign Languages Potential List - 20250804.pdf PDF
TE 8 Historical Data - 20250804.pdf PDF
Pricing Matrix Template - 20250804.xlsx XLSX spreadsheet
Solicitation Amendment W9124725RA0220001 SF 30 - 20250804.pdf PDF
TE 5_STYLE ORIENTATION SCALEv2 - 20250804.pdf PDF
Clean Copy - Performance Work Statement PWS FORSCOM Language Contract - 20250804.pdf PDF
TE 3_ILR Skill Level Descriptionv2 - 20250804.pdf PDF
TE 6_Types of Instructions and Delivery Methodsv2 - 20250804.pdf PDF
TE 7_Wage Determination - 20250804.pdf PDF
DRAFT - Clean Copy - Performance Work Statement (PWS) FORSCOM Language Contract.pdf PDF
DRAFT - TE 1_Performance Requirements Summary.pdf PDF
DRAFT - TE 4_List of Foreign Languages Potential List.pdf PDF
DRAFT - TE 2_Deliverables Schedule.pdf PDF
DRAFT - TE 3_ILR Skill Level Description.pdf PDF
DRAFT - TE 6_Types of Instructions and Delivery Methods.pdf PDF
DRAFT - TE 7_ Wage Determination.pdf PDF
DRAFT - TE 5_STYLE ORIENTATION SCALEv2.pdf PDF
Show all 21

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Created On:

02 Jul 2025, 10:31 AM Central Daylight Time

Solicitation/Contract Form Continuation

FORSCOM Language Contract

W9124725RA022

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Phase-In

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

30 Days

Additional Descriptive Data:

The Contractor shall provide phase-in Foreign Language and Cultural Program in strict compliance with Performance Work Statement (PWS) 1.6.18. during the 30 day phase-in period, all specifications, terms, conditions, clauses, and all other provisions contained herein.

Command Language Program (CLP) Support

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

60 Months

Additional Descriptive Data:

The Contractor shall provide a daily rate for Command Language Program (CLP) in strict compliance with the Performance Work Statement (PWS) and the historical workload data for the Eastern/Central and Western Regions.

Tech/Resource Support

Additional Descriptive Data:

The Contractor shall provide a daily rate for Technical Resource Functions in strict compliance with the Performance Work Statement (PWS) for the Eastern/Central, and Western Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein.

0003AA

Tech/Resource Spt - East

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

1,231 Days

Additional Descriptive Data:

The Contractor shall provide a daily rate for Technical Resource Functions in strict compliance with the Performance Work Statement (PWS) for the Eastern/Central Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein

0003AB

Tech/Resource Spt- West

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

2,462 Days

Additional Descriptive Data:

The Contractor shall provide a daily rate for Technical Resource Functions in strict compliance with the Performance Work Statement (PWS) for the Western Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein.

Foreign Language Instruction (FLI)

Additional Descriptive Data:

The Contractor shall provide a daily rate for Foreign Language Instruction in strict compliance with the Performance Work Statement (PWS) for the Eastern/Central, and Western Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein.

0004AA

FLI - East

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

40,175 Days

Additional Descriptive Data:

The Contractor shall provide a daily rate for Foreign Language Instruction Services in strict compliance with the Performance Work Statement (PWS) for the Eastern/Central Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein.

0004AB

FLI - West

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

14,952 Days

Additional Descriptive Data:

The Contractor shall provide a daily rate for Foreign Language Instruction in strict compliance with the Performance Work Statement (PWS) for the Western Regions, and all specifications, terms, conditions, clauses, and all other provisions contained herein.

FLSS Travel

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

5 Each

Additional Descriptive Data:

The contractor shall be required to travel Continental United States (CONUS) and outside of the Continental United States (OCONUS) in accordance with paragraph 1.6.15 of the PWS during the performance of this contract, and requires Government preapproval, authorization, and notification to the Contracting Officer's Representative (COR). The Contractor shall be authorized travel expenses consistent with the provisions of Federal Acquisition Regulations (FAR) 31.205-46 Travel Costs and the limitation of funds specified in this contract. All travel shall be billed at this indirect rate: TBD. Travel is Not to Exceed: $267,000.

Service Contract Reporting

Product Service Code: U009 Pricing Arrangement: Firm Fixed Price

5 Each

Additional Descriptive Data:

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS 5.6. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter "Not a Direct Cost".

Continuation of Description

Requirements The FORSCOM language and culture program supports creativity and flexibility to meet the unique instruction needs of commanders requiring language and/or culture related capabilities for their personnel. The programs courses/training events do not have rigid Programs of Instruction (POIs) but rather use the Interagency Language Roundtable (ILR) proficiency level descriptions, as well as current theories and teaching methodologies in the fields of Second Language Acquisition (SLA) and Adult Continuing Education, as a framework for the development of POIs, lesson plans, activities, etc. These skill descriptor definitions can be found at http://www.govtilr.org, and it is the responsibility of the Contractor to familiarize all contract service providers with each of the skill level descriptors found on the ILR website, as well as with current theories and teaching approaches and methodologies in the fields of SLA and Adult Continuing Education.

The programs teaching methodology is eclectic in nature but broadly falls under the umbrella of Communicative Language Teaching, given its primary focus on language and culture within the context of communication and its secondary focus on the structure(s) that inform that communication. At each ILR proficiency level, very specific behaviors are exhibited and expected.

Contract service providers will assesses the ILR level of each student in the skills to be taught and then develop and/or present appropriate lessons, materials and activities to generate as much uninhibited, spontaneous, and culturally appropriate manipulation of the target language, culture knowledge, and cross-cultural competence amongst the students as possible, in order to prepare the students for duty related work/engagements and/or the Defense Language Proficiency Test System (DLPTS) or other formal and/or informal proficiency measures, as required by the Government.

The Contractor shall support the program in its efforts to bridge the gap between global language and technical/mission language by integrating training and education for Government- defined, operationally relevant elements into lesson plans and POIs. These may include culture-specific information related to a particular target area, culture-general concepts, cross-cultural competence, rapport building, map reading, briefing skills, weather reports, scenarios related to specific engagements/contingencies, military terminology, and similar topic areas. Contract service providers are expected to help create a learning atmosphere that incorporates culturally and militarily operationally relevant realia and other authentic materials into the learning environment.

Contract service providers are also expected to integrate the use of WebTools and current and emerging technologies (such as online learning management systems, basic audio/visual equipment, interactive whiteboards and touch-screens, satellite news broadcasts, interactive computer programs, social media and data sharing applications, digital audio/video media, etc.) into the learning environment to augment instruction and mirror the learning environment to the anticipated engagement environment to the greatest extent practicable.

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0003AA

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0003AB

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0004AA

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0004AB

Inspection and Acceptance Location

Both Destination

Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Continuation of Deliveries or Performance

From 01 Nov 2025 to 31 Oct 2030

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Period From 01 Nov 2025 to 30 Nov 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

30 Days Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

60 Months Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0003AA

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From

1,231 Days Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

01 Nov 2025 To 31 Oct 2030

0003AB

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

2,462 Days Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0004AA

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

40,175 Days Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

0004AB

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

14,952 Days Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Delivery Period From 01 Nov 2025 to 31 Oct 2030

5 Each Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

Period of Performance From 01 Nov 2025 To 31 Oct 2030

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Delivery Period From 01 Nov 2025 to 31 Oct 2030

Period of Performance From 01 Nov 2025 To 31 Oct 2030

5 Each Place of Performance DoDAAC: W91GMA CountryCode: USA

W3YB HQ USA FORSCOM

4700 KNOX STREET BLDG 8 1808, FORT BRAGG NC 28310

FORT BRAGG, NC 28310

UNITED STATES

James Tyree Email: james.l.tyree.civ@army.mil Telephone: 910-570-5204

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.219-7000 Advancing Small Business Growth. Jun 2023 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 Hawaiian Small Business Concerns.

Jan 2023

252.227-7015 Technical Data-Commercial Products and Commercial Services. Jan 2025 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 252.227-7015 Technical Data-Commercial Products and Commercial Services. (Alternate I) Jan 2025 Alternate I Jan 2025

FAR Clauses Incorporated by Full Text

52.219-14 Limitations on Subcontracting. (Oct 2022)

As prescribed in , insert the following clause:19.507(e)

Limitations on Subcontracting (Oct 2022)

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, e.g.

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) This clause applies only to-Applicability.

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

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.

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 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;

(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-

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

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

(2) For orders, in accordance with paragraphs (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 protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege 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.

(End of clause)

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) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

N/A

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

Invoice 2-in-1 (Services Only)

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 W91247

Admin DoDAAC W91247

Inspect By DoDAAC W91GMA

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) W91GMA

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

Provided at award

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

(End of clause)

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. (Tailored)

(Jan 2025)

As prescribed in , insert the following clause: 12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (1) (Jan 2017) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (2) (Dec (Section 1634 of Pub. L. 115-91).2023)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(3) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)

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

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

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(7) (Oct 2004)

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this (b) contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)). (2)X (Nov 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4)X (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).X( 8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).X (9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, (16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).X (i) (Nov 2020)

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (Nov 2020)

Alternate I of 52.219-7.(ii) (Mar 2020)

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

(21)

52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )Jan 2025

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (Mar 2020)

Alternate I of 52.219-13.(ii) (Mar 2020)

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

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

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).X (i) Postaward ( )Jan 2025

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

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (27) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

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

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)

52.222-21, Prohibition of Segregated Facilities .X (33) (Apr 2015)

(34)

52.222-26, Equal Opportunity (E.O.11246).X (i) (Sep 2016)

Alternate I of 52.222-26.(ii) (Feb 1999)

(35)

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

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

(36)

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

Alternate I of 52.222-36.(ii) (Jul 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).X (37) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).X (38) (Dec 2010)

(39)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).X (i) (Nov 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)

X (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

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 (i) applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(46) (May 2024)

(47)

52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (Jan 2017)

Alternate I of 52.224-3.(ii) (Jan 2017)

(48)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign X (51) (Feb 2021) Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (May 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)

(65)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (Nov 2021)

Alternate I of 52.247-64.(ii) (Apr 2003)

Alternate II of 52.247-64.(iii) (Nov 2021)

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) 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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Education Training Technician GS-12 Step 1 $36.28 Educational and Vocational Training GS-11 $29.76Step 1

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded (d) Comptroller General Examination of Record 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.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to (1) examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of (3) 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)

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 (1) 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-

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (Nov 2021)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(ii) (Nov 2023)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, (iii) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (iv) (Dec (Section 1634 of Pub. L. 115-91).2023)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(v) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(vi) (Jun 2023)

(vii)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (Dec 2023)

Alternate I of 52.204-30.(B) (Dec 2023)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting (viii) ( )Jan 2025 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.

52.222-21, Prohibition of Segregated Facilities .(ix) (Apr 2015)

52.222-26, Equal Opportunity (E.O.11246).(x) (Sep 2016)

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

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

52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(xiii) (Jun 2020)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (xiv) (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).X (xv) (Aug 2018)

See attached TE 7_Wage Determination

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (Mar 2015)

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (xvii) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xviii) (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xx) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xxi) (Jan 2022)

(xxii)

52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

Alternate I of 52.224-3.(B) (Jan 2017)

52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (xxiii) (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (xxiv) (Jun 2020) paragraph (e) of FAR clause 52.226-6.

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 (xxv) required in accordance with paragraph (c) of 52.232-40.

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (xxvi) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (xxvii) (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of (2) additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to Contract Clauses

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.202-1 Definitions. Jun 2020 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

Nov 2021

52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.223-10 Waste Reduction Program. May 2024 52.228-3 Workers' Compensation Insurance (Defense Base Act). Jul 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-18 Availability of Funds. Apr 1984 52.232-20 Limitation of Cost. Apr 1984 52.232-22 Limitation of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-23 Assignment of Claims. (Alternate I) May 2014 Alternate I Apr 1984 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 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 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 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.215-2 Audit and Records-Negotiation.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .