Attachment D.pdf

FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS AQUISISITION

(I) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. Quotes will be effective for 60 days.

(II) Solicitation number: W912JB-25-Q-A017 Joint Terminal Attack Controller (JTAC) Support Services

Request for Quote (RFQ) pursuant to FAR 13.5.

(III) This solicitation incorporates provisions and clauses for commercial items in effect through Federal

Acquisition Circular 2025-05, effective 7 Aug 2025. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/. Deviations at https://www.acq.osd.mil/dpap/dars/class_deviations.html.

(IV) This solicitation is being issued as a 100% Service Disable Veteran Owned Small Business

(SDVOSB)Set-Aside. The associated NAICS Code for this acquisition is 541990 (All other professional, scientific and technical services). The Small business Size Standard is $19.5M.

(V) Description of Service:

The contractor shall provide all personnel, equipment, transportation, tools, materials, supervision, and quality control necessary to perform Joint Terminal Attack Controller (JTAC) Support Services, as defined in this PWS. The contractor shall enable seamless integration of external exercises into the Northern Strike event, and shall be responsible for the planning, training coordination of Joint Terminal Attack Controller training events and participants in JNTC accredited Northern Strike (NS).

Quotes are due No Later Than (NLT) 1 September 2025 at 12:00 Local and in accordance with 52.212-1

ADDENDUM below. Quotes shall be submitted with pricing according to each individual line item listed below. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer

ITE M DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

0001 Base Year

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and quality control necessary, except as specified in Paragraph 3.0 as

Government Furnished. Joint Terminal

Attack Controller (JTAC) Support Services, for, as defined in the PW Joint Terminal

Attack Controller (JTAC) Support Service and the terms and conditions of this contract.

12 Months $ $

0002 Base Year

Travel. The contractor shall travel to multiple locations as required during the performance of this contract to attend meetings, conferences, site surveys, training locations, and other requirements as determined by the

COR. Travel is estimated at 15 times per year. The contractor will be authorized to travel expenses consistent with the substantive provisions of the Joint Travel

1 Group Not to Exceed $ ________ https://www.acquisition.gov/far/subpart-12.6#FAR_Subpart_12_6 http://www.acquisition.gov/ http://www.acq.osd.mil/dpap/dars/class_deviations.html

1624883124.CIV

Cross-Out

Regulation (JTR) and the limitation of funds specified in this contract.

All travel requires COR recommendations for approval and/or authorization by the KO prior to travel arrangements made.

1001 Option Year 1

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and quality control necessary, except as specified in Paragraph 3.0 as

Government Furnished, Joint Terminal

Attack Controller (JTAC) Support Services, as defined in the PWS and the terms and conditions of this contract.

Months

1002 Option Year 1

Travel. The contractor shall travel to multiple locations as required during the performance of this contract to attend meetings, conferences, site surveys, training locations, and other requirements as determined by the

COR. Travel is estimated at 15 per year. The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract.

All travel requires COR recommendations for approval and/or authorization by the KO prior to travel arrangements made.

Group

Not to Exceed

2001 Option Year 2

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and quality control necessary, except as specified in Paragraph 3.0 as

Government Furnished, to Joint Terminal

Attack Controller (JTAC) Support Services, as defined in the PWS and the terms and conditions of this contract.

2002 Option Year 2

Travel. The contractor shall travel to multiple locations as required during the performance of this contract to attend meetings, conferences, site surveys, training locations, and other requirements as determined by the

COR. Travel is estimated at 15 per year. The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the

KO prior to travel arrangements made.

Not Exceed

(VI) Services are to be provided in accordance with the Description of Service, applicable SCA wage determination and attached documents.

(VII) The intended contract vehicle will be a Firm-Fixed price Contract. Period of Performance is one 12-month Base Year, and three 12-month Option Years. The anticipated start date is 24 Sep 2025.

(VIII) FOB point is Destination to Lansing, MI 48906. Interested parties must be registered in the System for

Award Management (SAM). Information on SAM registration can be obtained at https://www.sam.gov/SAM/. Please contact SAM Customer Service at (866) 606-8220 regarding questions/problems regarding SAM registration.

(IX) The provision FAR 52.212-1, Instructions to Offerors, Commercial in its latest edition, and its addendum apply to this solicitation.

(X) Quotes will be technically evaluated for conformance with the requirements of the Performance Work

Statement and all attachments. The government intends to award a contract to the lowest priced technically acceptable quote without discussions. The government, however, reserves the right to conduct discussions if deemed in the best interest of the government.

3001 Option Year 3

The contractor shall provide all personnel, equipment, tools, materials, supervision, transportation, and quality control necessary, except as specified in Paragraph 3.0 as

Government Furnished, to perform Joint

Terminal Attack Controller (JTAC) Support

Services, as defined in the PWS and the terms and conditions of this contract.

3002 Option Year 3

Travel. The contractor shall travel to multiple locations as required during the performance of this contract to attend meetings, conferences, site surveys, training locations, and other requirements as determined by the

COR. Travel is estimated at 15 per year. The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the

KO prior to travel arrangements made.

Not to Exceed

52.217-8 Option to extend services: Not to exceed 6 months

TOTAL PROPOSED PRICE:

(XI) Offerors are to include a completed copies of the following provisions with their quote: (1) 52.212-3

Alt 1, Offeror Representations and Certifications – Commercial Items, (2) 52.219-1, Small Business

Program Representations, (3) 52.204-26 Covered Telecommunications Equipment or Services-

Representations if one or both of the answers is/are “DOES” add: 52.204-24 Representations Regarding

Certain Telecommunications and video Surveillance Services or equipment. ***Only if you answered

“DOES” in 52.204-26**. This can be completed electronically at https://sam.gov/SAM/.

(XII) The following FAR clauses and provisions also apply to this acquisition:

The clause at 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2020 or later), applies to this acquisition.

The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition (See attachment for Addendum)

The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition (See attachment for

Addendum).

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items, applies to this acquisition.

(XIII) 52.232-18 Availability of Funds. Funds are not presently available for this contract. The

Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(XIV) Written questions must be furnished to the Government no later 12:00 pm Local on 25 Aug

2025, in order to ensure a timely response is provided by the solicitation closing date. All questions are to be submitted in writing at the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, contractors are advised to submit questions as soon as possible.

Please provide your company name, telephone, point of contact, e- mail address, and solicitation number on all questions. Closing date: 1 September 2025

(XV) The following Clauses in their latest editions apply to this acquisition:

52.212-1 ADDENDUM

1.0 QUOTE SUBMISSION INSTRUCTIONS

1.1 Submission Due Date. The offeror must ensure its quote, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 1 September 2025 at 12:00 PM (local time).

1.2 Late Proposals. The lateness rules for submitted quotes are outlined in FAR 52.212- 1

"Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

1.3 Submission. The quote submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contract Specialist (CS), Kelli Kelley, kelli.m.kelley3.civ@army.mil. The quote shall only be submitted as described.

1.4 Quote Compliance. The Government must have received from the offeror a fully mailto:kelli.m.kelley3.civ@army.mil compliant. The quote is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

1.5 Quote Acceptance. The contractor shall make a clear statement in the quote as to the expiration date of the quote and the stated expiration date shall be valid for all proposed subcontractors as well.

1.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a quote acceptance period in the Quote Summary of not less than 60 days from the date of the solicitation closing. This date may be extended by mutual agreement.

1.6 Quote Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful quotes.

1.7 Reserved

1.8 Reserved

2.0 QUOTE FORMAT

2.1 This section provides guidance to the offeror for preparing a quote in response to the solicitation. The offeror’s quote shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

2.2 The quote submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

2.2.1 The acceptable electronic formats for quotes shall be compatible with MS 365, specifically MS Word and MS Excel; PDF format is acceptable for the Technical accessability quote and price narrative. The price quote must be in MS Excel format.

2.2.2 Minimum type size shall be 12-point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

2.2.3 All quote volumes shall be labeled with the solicitation number as well as the name, address, and telephone number of the Offeror.

2.2.4 All volumes shall be electronic files and not be password protected.

2.3 Offerors shall scan all files for computer viruses prior to submission to the

Government.

2.4 Quotes may not include classified information. All quotes shall be at the

UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

3.0 QUOTE CONTENT AND ORGANIZATION

3.1 The offeror shall prepare the quote as set forth in Table 1, Quote Organization

Table. The completion and submission to the Government of documents identified in Table

1, Quote Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

3.2 The quote shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic quote. Any linked information that is not contained in the quote will not be accepted.

3.3 Each volume shall be written or presented on a standalone basis. Information required for quote evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the quote and will not be considered.

TABLE 1 QUOTE ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

Cover Letter – Not Evaluated

Quote Summary – Not Evaluated

Organizational Conflict of Interest (OCI) –

Not Evaluated

1 – electronic

Unlimited

Factor 1: Technical

1 – electronic

20 pages

3 Factor 2: Price Quote 1 – electronic Unlimited

4 Factor 3: Past Performance 1 – electronic Unlimited

4.0 QUOTE DOCUMENTS

4.1 Quotes shall be clear and concise and include sufficient detail for effective evaluation.

The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rational to address how the offeror intends to meet those requirements.

The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s quote in response to this solicitation, except as stated in the past performance evaluation section.

4.2 Quotes shall be structured in accordance with the Contract Line-Item Number (CLIN) structure set forth in the solicitation.

4.3 QUOTE SUMMARY, Volume 1, shall include:

• Solicitation No. W912JB-25-Q-A017

• Date submitted

• Offeror’s name

• Offeror’s address, CAGE code, and DUNs

• Offeror contact information for quote POC(s)

• All proposed subcontractor(s) (as applicable)

• Address, Unique Entity ID , CAGE code, and DUNs for each proposed subcontractor

• Quote Acceptance Period

• OCI Plan or negative affirmation

5.0 TECHNICAL ACCESSABILITY, Volume 2, shall include:

5.1 The Technical Accessability section of the quote shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures. This section shall not include any pricing data. The offeror’s quote information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

6.0 PRICE, Volume 3, shall include:

6.1 Price Quote Format.

6.1.1 Electronic spreadsheet files (Workbooks) shall be sent in MS 365 Excel compatible format, and include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. There can be no cell references to data or files which are not included in the Price Volume. For each Workbook, all

Rows, Columns, Cells and Worksheets must be Visible (object.Visible=True). Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable. Workbooks or

Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

6.1.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS 365 Excel or MS Word. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture.

6.1.3 Under no circumstances is price information and documentation to be included elsewhere in the quote.

6.2 The price quote shall contain:

6.2.1 The offeror shall submit data substantiating the price proposed to complete the requirements identified in the solicitation. The offeror’s price quote shall contain sufficient factual information to establish that the proposed price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price quote.

6.2.2 The offeror shall provide:

• The total price for each CLIN in the solicitation. The offeror shall identify hours and fully burdened rates for all labor categories. The quote shall identify all price elements including direct labor and other direct costs broken out by indirect rate. The offeror shall provide a basis for any proposed labor escalation, including an explanation of how it was applied in this offer.

6.2.3 Reserved

6.2.4 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

7.0 PAST PERFORMANCE, Volume 4, shall include:

7.1 Provide at least (2) Past Performance references. Include recent and relevant contracts

(within the last five years) for similar services with like or similar size and complexity. Include contract numbers, points of contact with telephone numbers and other relevant information.

8.0 ORGANIZATIONAL CONFLICT OF INTEREST

8.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a government support contractor for Government offices involved in supporting program efforts or related programs.

8.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its quote, of any Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

8.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the quote to be rejected and no longer be considered for award. Offerors shall include in its plan where its employees are located and the total number of employees in the location(s).

8.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to quote submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The

PCO will promptly respond to resolve any potential conflicts.

9.0 EVALUATION FACTORS FOR AWARD

9.1 The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

9.1.1 Technical Acceptability

9.1.2 Price

9.1.3 Past Performance

9.2 Basis for Award

9.2.1 The Government intends to award a single Firm-Fixed Price (FFP)

Contract as a result of this solicitation.

9.2.2 Per FAR 9.103, the contract will be placed only with an offeror that the

Contracting Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR

9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

9.2.3 Consistency. Each section of the offeror’s quote shall be consistent within the quote.

9.2.4 Completeness. The Government’s ability to evaluate a quote may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a quote may prevent the Government from evaluating a quote.

9.2.5 The Government will assess the offeror’s quote on three factors: (1)

Technical Acceptability, (2) Price, and (3) Past Performance.

9.2.6 The Government intends to evaluate offerors and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than lowest offer; and waive informalities and minor irregularities in offers received.

9.3 EVALUATION OF TECHNICAL ACCEPTABILITY

9.3.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical accessibility in accordance with PWS paragraph(s), section 5 and the deliverables table. The government will evaluate the adequacy and feasibility; each will be considered either acceptable or unacceptable.

9.4 EVALUATION OF PRICE FACTOR

9.4.1 Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

9.4.2 Reasonableness. The Government will evaluate the price reasonableness of the offerors' proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The

Government shall employ price analysis techniques in accordance with FAR 13.106-3 to determine that a proposed price is fair and reasonable.

9.4.3 Reserved

9.4.4 Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether quotes are unbalanced between line items or subline items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more-line items is significantly over or understated as indicated by the application of cost or price analysis techniques. Unbalanced offers may be determined unacceptable.

9.4.5 Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The

Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Additionally, as part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by calculating the price for six months of performance using the monthly pricing from the offeror's final option period prices. The calculated six- month price will be added to the offeror's total proposed price. Thus, the offeror's total price for the purpose of evaluation will include the base period, all option periods, and the calculated six-month extension price. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

9.5 EVALUATION OF PAST PERFORMANCE

9.5.1 Evaluation of this factor will assess the offeror's Past Performance. Offerors shall furnish information for at least (2) contracts that have been completed within the last five years for similar services with like or similar size and complexity. The Past

Performance evaluation will assess the offeror’s ability to successfully accomplish the proposed effort based on the offeror’s Past Performance. The Government may use information available from past government contracts and any information found using sources such as Past Performance Information Retrieval System (PPIRS) or the

Contractor Performance Assessment Reporting System (CPARS). The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror.

Contract Clauses

FAR Clauses Incorporated by Reference

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017

52.204-13 System for Award Management Maintenance. Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.219-6 Notice of Total Small Business Set-Aside. Nov 2020

52.222-50 Combating Trafficking in Persons. Nov 2021

52.224-3 Privacy Training. Jan 2017

52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

52.233-3 Protest after Award. Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.219-8 Utilization of Small Business Concerns. Jan 2025

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

52.219-6 Notice of Total Small Business Set-Aside. (Alternate I) Nov 2020 Alternate I Mar 2020

52.222-41 Service Contract Labor Standards. Aug 2018

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022

52.233-3 Protest after Award. (Alternate I) Aug 1996 Alternate I Jun 1985

DFARS Clauses Incorporated by Reference

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

252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

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

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

252.232-7010 Levies on Contract Payments. Dec 2006

252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.222-50 Combating Trafficking in Persons. (Alternate I) (Nov 2021) Alternate I (Mar 2015)

Alternate I (Mar 2015). As prescribed in 22.1705 (a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source

(such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.]

52.219-14 Limitations on Subcontracting. (Oct 2022)

Limitations on Subcontracting (Oct 2022)

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award

(e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

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

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

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

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

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

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

19.504(c)(1)(ii);

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

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

or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

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

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

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

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance 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-

[Contracting Officer check as appropriate.]

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

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

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

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

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business

Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the

8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the

HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

[ ] Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to 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) Definitions. As used in this clause-

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

"Document type" means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

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

Reports.

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

Submission of Payment Requests and

Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the

"Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic

Data Interchange, or File Transfer

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

Contracting Officer.

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

INVOICE 2 IN 1

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

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

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

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

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0670

Issue By DoDAAC W912JB

Admin DoDAAC W912JB

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) W90T83

Service Acceptor (DoDAAC) W90T83

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

SSG Kathryn Davis kathryn.e.davis37.mil@army.mil 989-423-4391

SSG Benjamin Rimatzki benjamin.w.rimatzki.mil@army.mil 248-756-3534

2LT Samuel Misak samuel.j.misak.mil@army.mil 616-204-3881

MAJ Nicholas Fiebke nicholas.p.fiebke.mil@army.mil 248-494-0242

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or

Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

Appendix F.

(g) WAWF point of contact.

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

kelli.m.kelley3.civ@army.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

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.

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

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

(DEVIATION 2025-O0003 and 2025-O0004)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (Dec

2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889

(a)(1)(A) of Pub. L. 115-232).

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

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

3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (

19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

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

C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

Pub. L. 117-328).

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

(11)

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

390, title II).

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

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or

Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

(14) [Reserved].

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

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

(17) [Reserved]

(18)

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

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

(19)

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

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

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

(21)

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

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

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

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

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

(22)

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

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

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

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

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible

Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26)

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

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

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Oct 2022)

(15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned

Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

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

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

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

(33) [Reserved]

(34) [Reserved]

X (35)

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

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

(36)

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

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

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

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

(E.O. 13496).

X (39)

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

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

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

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (

42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May

2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(May 2024) (42 U.S.C. 7671, et seq.).

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

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

(46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and

42 U.S.C. 7671l).

(47)

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

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

(48)

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