Solicitation - W912DY26RA026 Real Property Support Services.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Solicitation/Contract Form Continuation

Real Property Support ServicesInstrument Name:

EXECUTIVE SUMMARY:

In accordance with (IAW) Executive Order 14275, "Restoring Common Sense to Federal Procurement," the Government has transitioned from the legacy Federal Acquisition Regulation (FAR) to the Revolutionary FAR Overhaul (RFO). This initiative aims to streamline the acquisition process by returning the regulatory framework to its statutory roots and eliminating non-essential requirements. Phase 1 implementation became effective on February 1, 2026, via various class deviations. The full text of the RFO is available at https://www.acquisition.gov/far-overhaul.

Furthermore, specific DFARS class deviations and revisions related to the overhaul can be accessed at https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html. Offerors are responsible for reviewing these updated standards, as they govern the requirements and clauses applicable to this solicitation and any resulting contract

A.1 OBJECTIVE. The purpose of this acquisition is to obtain qualified contractors to provide all necessary resources for Real Property Support Services (RPSS) to support the Department of Defense (DoD) customers in maintaining accurate data within a mandated system of records. This support strengthens audit readiness, enables full sustainment funding and ensures reliable reporting on facility inventory, condition, and space assignments to higher DoD Headquarters.

This requirement includes providing all resources needed for RPSS personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other non-personal services. It also covers direct maintenance of data within the real property system of record, furnishing of Subject Matter Experts (SMEs), and standalone studies and analysis such as requirements assessments, utility evaluations, environmental impact studies, and economic or financial analysis.

Performance locations include DoD installations and other Government Facilities within the Contiguous United States to include Alaska, Hawaii, and its outlying areas, and Outside the Contiguous United States locations such as Germany, Honduras, Italy, Japan, Kuwait, Kwajalein, Marshall Islands, Philippines, Poland, Qatar, Republic of Korea, Spain, and United Kingdom.

Other foreign jurisdictions may be added to the geographic scope of the base IDC after preparing Justification and Approval (J&A) for an out-of-scope modification to add a country, IAW FAR 6.3, Other than Full and Open Competition Requirements for approval by the appropriate approving authority. This will include verification that all contractors within the Multiple Award Task Order Contract (MATOC) award suite can comply with the applicable requirements for the country to be added.

W912DY26RA026

A2. CONTRACT AWARD. The United States Army Engineering and Support Center, Huntsville (CEHNC) intend to competitively solicit and award a Real Property Support Services Firm Fixed Price (FFP) MATOC, as a 100% Small Business 8(a) set-aside.

IAW RFO 15.104(b)(1)(ii)(A), the Government intends to make an award to each and all 8(a) qualifying Offerors. Multiple awards are appropriate for this effort due to the volume, scope, complexity, geographic locations, and frequency of anticipated task orders, as well as the need to maintain competition throughout the ordering period IAW RFO 16.506 Postaward procedures for placement of task and delivery orders.

This acquisition will be awarded under North American Industry Classification System (NAICS) 541990 - All Other Professional, Scientific, and Technical Services.

A.3. CONTRACT TYPE: The MATOC and Individual Task Order Awards will consist of an FFP Contract Line-Item Number (CLINs)

A.4. CONTRACT TERM. The anticipated total ordering period will consist of one sixty-month ordering period. The MATOC will also include FAR 52.217-8, , which, if Option to Extend Services

There is no guarantee exercised, can extend the ordering period up to an additional six months.

that the optional period will be exercised.

IAW RFO 15.104(b)(1)(ii)(A)(3), Establishing Competitive Evaluation Factors and Significant Subfactors, the Government intends to make an award to each and all qualifying Offerors.

IAW RFO 15.203, the Government may make competitive awards without conducting negotiations.

IAW RFO 15.204-1(a), if negotiations occur after evaluating competitive proposals, the Contracting Officer must establish a competitive range. Contracting Officer may conduct negotiations with All Qualifying Offerors within the competitive range. However, the Contracting Officer will focus negotiations with those offerors whose initial proposals are unacceptable.

Evaluation of Options: The Government has an approved deviation IAW RFO 17.204-1, Exercise of Options, allowing award without evaluating pricing at the MATOC base level. Except when it is determined IAW RFO 17.202(b)(1) not to be in the Governments best interests, the Offerors maximum rates will not be evaluated at the MATOC base level; but pricing will be evaluated for each individual task order under this MATOC.

A.5. CONTRACT CAPACITY. The maximum contract capacity is $60,000,000.00. Capacity will be shared among all MATOC holders IAW ordering procedures outlined in this solicitation. CLIN values represent estimated capacity amounts only, and the Government reserves the unilateral right to move capacity between CLINs and performance periods, as necessary. Section B within this solicitation will remain blank and will be completed in its entirety at time of contract award by the Contracting Officer. Individual contract capacities will not be assigned.

A.6. CONTRACT ORDERING. The only authorized ordering office is the U.S. Army Engineering and Support Center, Huntsville, Alabama. Other agencies may be delegated this authority, in which case, an advance written notice will be given to the Contractor. Task orders will be awarded against the basic Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts using the fair opportunity procedures pursuant to Section 863 of the National Defense Authorization Act for FY 2009. Task Orders will be issued against the base MATOC IAW RFO 16.506 Postaward procedures for placement of task and delivery orders, and the ordering procedures set forth in Section H.4- Method of Ordering.

A.7 WAGE DETERMINATIONS. Individual task orders to be issued under this contract primarily are for services as define by RFO 37.001, "Definition" and are subject to the Service Contract Act (See FAR 52.222-41, Service contract Labor Standards,"). Wage decisions/Determinations for the geographic area where the awarded work is to be performed will be in the individual task order. A copy of the decision/determination is available at https://sam.gov. The labor rates in effect at the time a task order is awarded will remain in effect through completion of the project, unless modified due to an increase in the Department of Labor wages rates.

A.8. MINIMUM GUARANTEE. The Governments minimum guarantee for each award under this MATOC is $3,000.00 which extends throughout the period of performance of the MATOC. Funding for this minimum guarantee will be obligated on the first task order, issued at the time of the base contract award. This is the minimum ordering amount, not a minim payment. Upon issuance of task order awards with an aggregate value exceeding $3,000.00, the Contracting Officer will deobligate the minimum guarantee from this CLIN.

A.9. CYBERSECURITY MATURITY MODEL CERTIFICATION (CMMC) 2.0 PROGRAM. This solicitation requires the contractor and/or subcontractor(s) information system to process, store, or transmit Federal Contract Information (FCI) or Controlled Unclassified Information (CUI), and requires the contractor and/or subcontractor(s) to comply with CMMC requirements. The CMMC level required by this solicitation is: CMMC Level 2 (C3PAO). This CMMC level, or higher (see 32 CFR part 170), is required prior to award for each contractor information system that will process, store, or transmit FCI or CUI during performance of the contract. In accordance with 252.204-7021 Compliance with the Cybersecurity Maturity Model Certification Level Requirements, contractors shall submit the CMMC UID(s) issued by SPRS for contractor information systems that will process, store, or transmit FCI or CUI during performance of the contract.

A.10. CONTRACT AUTHORIZATION. The U.S. Army Corps of Engineers, Huntsville Engineering and Support Center is the only authorized ordering office for this MATOC. Task Orders may be issued, administer or delegated only by warranted Contracting Officers acting within the scope of their delegated authority. No other individual or organization is authorized to make changes to the terms and conditions of this contract.

Other USACE offices may be delegated ordering or administrative authority by CEHNC, as appropriate. Contactors shall rely only written direction issued by a duly authorized Contracting Officer. Work performed without proper authorization from the Contracting Officer Shall be at the Contractor's own risk. Detailed contract administration and delegation procedures are addressed in Section H.1 - Contracting Officers' Instructions of this solicitation.

*** END OF NARRATIVE ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Real Property Support Services - FFP In accordance with the PWS the Contractor will collect, create, enter, analyze, edit, maintain and report data in Government systems of record as required by each specific task order. The primary Real Property systems of record are listed below: GFEBS - General Fund Enterprise Business System; ePRISMs - Enterprise Proactive Real-Property Interactive Space Management Systems; ISR-I - Installation Status Report - Infrastructure; PLANS - Real Property Planning & Analysis System; PRIDE - Planning Resource for Infrastructure Development and Evaluation; SIP - Army Stationing and Installation Report (ASIP);HQIIS - Headquarters Installation Information System (HQIIS);DART - DPW Analysis & Reporting Tool; INFADS - Internet Navy Facilities Assets Data Storage (INFADS);

MDI - Mission Dependency Index (MDI);

BUILDER - Builder Sustainment Management System (BUILDER is not any acronym) - support will be strictly data entry and data integrity only; data collection will not be supported by this contract. Due to the inherent nature of IT systems, systems and system names may be changed, or added, over the course of this contract. If individual contractors

1 Job cannot provide required expertise, they may "no bid" task orders without penalty.

POP: Base Year - one of 24 months Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

0002 Travel - Travel (if required) shall be priced such that per diem, lodging, and mileage rates do not exceed the amount allowed for federal travelers in the Federal Travel Regulations (FTR) which can be found at https://www.gsa.gov/policy, regulations /regulations/federal-travel-regulation-ftr POP: Base - One of 24 months Pricing Arrangement: Firm Fixed Price

1 Job

0003 Service Contract Reporting (SCR) - SCR will occur at the task order level if required. Base - One of 24 months- Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

0004 Minimum Guarantee -This CLIN provides funding to meet the minimum obligation of the contract in the amount of $3,000.00.

Upon award of a task order that exceeds the minimum obligation, this amount will be de-obligated from this CLIN. POP:

Base - One of 24 months Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Real Property Services in accordance with the PWS- FFP- FAR 52.217-8 - Real Property Support Services - Not to exceed 6 Months.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Travel - Travel (if required), FFP- FAR 52.217-8 - Real Property Support Services - Not to exceed 6 Months.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Service Contract Reporting (SCR)- SCR will occur at the task order level if required. FAR 52.217-8 - Real Property Support Services - Not to exceed 6 Months.

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements In accordance with the PWS, the Contractor will collect, create, enter, analyze, edit, maintain, and report data in Government systems of record as required by each specific task order.

Product Service Code : R499 North American Industry Classification System (NAICS) : 541990

Product Service Code : R499

Product Service Code : R499 North American Industry Classification System (NAICS) : 541990

Product Service Code : R499 North American Industry Classification System (NAICS) : 541990

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: IAW RPSS III PWS.

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: IAW PWS

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: IAW PWS

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: IAW PWS

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: IAW PWS

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: x

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

Option Line Item

Inspection Location

Inspection Destination Instructions: TBD

DoDAAC: W912DY CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, KO CONTRACTING DIVISION

REDSTONE ARSENAL, AL 35898-0000

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Period From 20 Aug 2026 to 19 Aug 2031

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

0002 Delivery Schedule Delivery Cycle From 20 Aug 2026 to 19 Aug 2031

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

0003 Delivery Schedule Delivery Period From 20 Jan 2026 to 19 Aug 2031

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

0004 Delivery Schedule Delivery Period From 20 Aug 2026 to 19 Aug 2031

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

Option Line Item

Delivery Schedule Delivery Period From 20 Aug 2031 to 19 Feb 2032

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

Option Line Item

Delivery Schedule Delivery Period From 20 Aug 2031 to 19 Feb 2032

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

Option Line Item

Delivery Schedule Delivery Period From 20 Apr 2031 to 19 Feb 2032

1 JobQuantity

Address and POC Place of Performance DoDAAC: W501YX CountryCode: USA

W2V6 USA ENG SPT CTR HUNTSVIL

300 SECURE GATEWAY, REDSTONE ARSENAL AL 35898-0000 REDSTONE

ARSENAL, AL 35898-0000 UNITED STATES

Continuation of Accounting and Appropriation Data

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

G.1 INVOICE PROCESS

The Contractor shall prepare and submit invoices to the U.S. Army Engineering Corps of Engineers, Engineering and Support Center, Real Property Support Services (RPSS) for technical review and payment. The required method for invoice submittal is the US Army Corps of Engineer's Resident Management System (RMS).

Invoices: To be considered a "proper invoice" the document must include the items listed in paragraphs (i) through (viii). If the invoice does not comply with these requirements, CEHNC- RPSS will return it within 7 days after receipt, with the reason(s) for rejection.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission).

(iii) Contract number or other authorization for work or services performed (including order number and line item number).

(iv) Description of work or services performed.

(v) Delivery and payment terms (e.g., discount for prompt payment terms).

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name, title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Substantiation of the amounts requested and certification.

Pay Activities: Develop and enter a list of pay activities in conjunction with the project schedule in RMS. The sum of pay activities equals the total contract amount, including modifications. Each pay activity must be assigned to a Contract Line Item Number (CLIN). The sum of the activities assigned to a CLIN equals the amount of each CLIN.

Progress Payments: Prepare progress payment requests using RMS. Complete the payment request worksheet, prompt payment certification, and payment invoice in RMS. Update the work completed under the contract, measured as percent or as specific quantities, at least monthly.

After the update, generate a payment request report using RMS. Submit the payment request and prompt payment certification in RMS, supplemented with signed copies of prompt payment and RPSS invoice documents through email correspondence. Email electronic submissions to email address: Invoices@usace.army.mil.

Receipt of Invoices: Invoices will be considered "received" the date of receipt of the email, except those submitted outside normal duty hours. All invoices received after 5:00 P.M. and before 8:00 AM Central Time, Monday through Friday, will be considered received the following business day.

The emailed invoice must include a signed prompt payment request.

Contracting Officer (KO) or its Representative (COR)will evaluate for completeness and confirm /deny that the estimated amount and estimated value of work or services performed is commensurate with actual accomplished project activities. KO or COR will accept invoice or reject invoice for corrections within 7 days.

Contracting Officer will evaluate acceptance of final invoices based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract).

G.2 Payment disbursement will be made by:

US Army Corps of Engineers, Finance Center 5722 Integrity Drive Millington, TN 38054-5005

G.3 This contract will be administered by:

US Army Corps of Engineers, Engineering and Support Center, Huntsville (CEHNC) Contracting Officer: Erika D. White Phone:

(256) 895-1152

Email: erika.d.white@usace.army.mil

US Army Corps of Engineers, Engineering and Support Center, Huntsville (CEHNC) Program Manager: Wesley Bushnell Phone: (256) 895-1313

Email: wesley.a.bushnell@usace.army.mil

*** END OF NARRATIVE ***

*** END OF NARRATIVE ***

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense 2024-05

Information and Cyber Incident Reporting.

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

2023-01

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

2023-11

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders.

2025-10

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

2018-12

252.225-7026 Acquisition Restricted to Products or Services from Afghanistan .

2013-09

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

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

2023-06

252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility

(DEVIATION 2016-O0008)

2016-06 Deviation 2016- O0008

2016-06

252.227-7015 Technical Data-Commercial Products and Commercial Services.

2025-01

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7026 Postaward Transparency Requirements for Firms that Support Department of Defense Audits.

2022-10

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

As prescribed in 3.909-3(b), insert the following clause:

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

(a) Definitions. As used in this clause-

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

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

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

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

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

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

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

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

(End of clause)

52.204-13 System for Award Management- 2026-02

Maintenance. (Deviation)

System for Award Management-Maintenance (Feb 2026) (Deviation)

(a) Definitions. As used in this clause-

Commercial and Government Entity code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as "CAGE code"); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as "NCAGE code").

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or "doing business as" name

(whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to -

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

2023-12

As prescribed in 4.2004 , insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (Dec 2023)

(a) Definitions. As used in this clause-

Kaspersky Lab covered article means any hardware, software, or service that-

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article.

The Contractor is prohibited from-

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractoridentifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.

dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

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

2026-02

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.