W912P525QA005 Solicitation BPA for Court Reporter.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

BPA - REGIONAL COURT REPORT SERVICES

INSTRUCTIONS TO OFFERORS

OFFEROR INSTRUCTIONS:

1. DESCRIPTION: The U.S. Army Corps of Engineers, Great Lakes and Ohio River Division (LRD) Districts require transcription/court reporting services to create verbatim transcripts of meetings, conferences, depositions, arbitrations, and/or administrative proceedings, including hearings before the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board. These transcripts ensure a complete, accurate, secure, and confidential legal record of the meeting, conference, deposition, and/or administrative proceeding, and document all statements made during the meeting, conference, deposition, arbitrations, and/or administrative proceeding.

2. TYPE OF CONTRACT: The Government intends to award up to six (6) commercial service Firm-Fixed Price Blanket Purchase Agreements (BPAs).

3. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized calls actually placed against the BPA.

4. ORDERS AND LIMITATIONS: Each BPA Call has a maximum limit of $250,000 by an Ordering Officer and $5,000,000 overall maximum capacity limit for the lifetime of the BPA.

5. PERIOD OF PERFORMANCE: The BPA's overall period of performance will be from date of Agreement to 1 May 2030.

Call order period of performance will be established on an individual call order basis.

6. BASIS FOR EVALUATION: BPAs shall be entered into with to up to six (6) contractors who are determined to be responsible and offer the lowest overall price for the Court Reporting Services.

7. PLACE OF DELIVERY: Work will be performed at various locations in the Great Lakes and Ohio River Division (LRD) District. Place of Performance location will be specified per call order.

8. QUESTIONS: Questions regarding the solicitation must be submitted to Jamie Lynn Barnes via email at Jamie.L.

Barnes@usace.army.mil no later than 4:00 PM, Central Time on Thursday, April 10, 2025.

9. OFFEROR SUBMISSION: Offers shall be submitted no later than 1:00 PM, Central Time on Thursday, May 1, 2025 and can be emailed to Jamie Lynn Barnes via email at Jamie.L.Barnes@usace.army.mil and Bridget Passatore at Bridget.L.

Passatore@usace.army.mil.

The offer shall include the following elements to be considered for the BPA:

(1) SF 1449: Filled out by the vendor for: Block 17a, Block 17b (if applicable), Block 30a, Block 30b, and Block 30c.

(2) All Amendments (SF 30s): Signed if applicable.

(3) Complete BPA Questionnaire

(4) FAR 52.212-3 Alt I: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of your offer- only paragraphs (b) and (k)(2) need filled in; otherwise complete the entire provision.

(5) Offerors and quoters are required to be registered in the System for Award Management (SAM) database (www.sam.gov) at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

(6) Contracting officers shall use the legal business name or "doing business as" name and physical address from the contractor's SAM registration for the provided unique entity identifier to identify the contractor in section A of the contract schedule, similar sections of non-uniform contract formats and agreements, and all corresponding forms and data exchanges.

Contracting officers shall make no changes to the data retrieved from SAM.

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov

Hours: 8am - 8pm (Eastern Time)

US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

(7) Provide business Unique Entity Identifier (previously known as DUNS) ____________ (phone 800-333-0505 for DUNS).

W912P525QA005

(8) Provide business CAGE code: ____________

(9) Tax Identification Number: ______________

TERMS AND AGREEMENTS:

1. Maximum Discounts: The prices to the Government will be as low as or lower than those charged your most favored customer, in addition to any discounts for prompt payment.

2. Purchase Limitations: Each BPA Call has a maximum limit of $250,000 by an Ordering Officer and $5,000,000 overall maximum capacity limit for the lifetime of the BP A.

3. Individuals Authorized to Purchase under the BPA: All Contracting Officers in the U.S. Army Corps of Engineers, Great Lakes and Ohio River Division (LRD) District are authorized to purchase under the BPA.

4. Invoices: An itemized invoice shall be submitted for all deliveries made. Invoices need not be supported by copies of delivery tickets. Contractor will be paid for actual usage only.

5. Payment: Method of payment for services will be USACE Finance Center (Payment instructions will be provided in each call order).

6. Request for Quote: Requests will be made via email.

7. Cancellations/Terminations: This Agreement may be cancelled/terminated in its entirety at no cost to either party. The party desiring to cancel /terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination. The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall complete such Calls under the terms and conditions of this Agreement.

8. Applicability: The terms and conditions of this Agreement shall be applicable to all BPA Calls issued citing this document.

9. Binding contract: Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BP A from any individual that is not a Contracting or Ordering Officer with the US Army Corps of Engineers, Nashville District.

10. Non-Payment for Quotes: The Government shall not be liable for reimbursement of any Contractor quote preparation costs for this RFQ or any Call request issued for a BPA Call proposal under this Agreement, whether the request is funded or is issued under advance call request authority given to the Contracting Office.

11. BPA call order process: Upon identification of a requirement within the scope of this BPA, the Contracting Activity shall send a Request for Quote (RFQ) to the BPA holders. The RFQ will include Technical Specifications/Performance Work Statement (PWS) which will detail what is required, and when and where it is to be delivered. The BPA Holder(s) will respond to that RFQ. The basis for award will be included in each RFQ.

Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

12. Contracting Points of Contacts:

Jamie Lynn Barnes, Contract Specialist, Jamie.L.Barnes@usace.army.mil Bridget Passatore, Contracting Officer, (615) 736-7854, Bridget.L.Passatore@usace.army.mil

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Court Reporter Attendance Fee

Product Service Code: R606 Pricing Arrangement: Firm Fixed Price

1 Days

Transcription Service Per Page (Not to Exceed 200 pages)

Product Service Code: R606 Pricing Arrangement: Firm Fixed Price

200 Page

Copies of Transcription Pages (Not to Exceed 600 pages)

Product Service Code: R606 Pricing Arrangement: Firm Fixed Price

600 Page

Continuation of Description

Performance Work Statement

Court Reporting Services

A. Background

The U.S. Army Corps of Engineers, Great Lakes and Ohio River Division (LRD) Districts require transcription/court reporting services to create verbatim transcripts of meetings, conferences, depositions, arbitrations, and/or administrative proceedings, including hearings before the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board.

These transcripts ensure a complete, accurate, secure, and confidential legal record of the meeting, conference, deposition, and /or administrative proceeding, and document all statements made during the meeting, conference, deposition, arbitrations, and/or administrative proceeding.

B. Scope of Work

The contractor shall provide all labor, supplies, and equipment necessary to provide transcripts of meetings, conferences, depositions, arbitrations, and/or administrative proceedings in accordance with the terms of this Blanket Purchase Agreement (BPA) and call orders issued against this BPA. Work requirements will be defined in individual call orders.

C. Required Services

While the specific services to be performed by the Contractor will be defined in individual call orders, the Government anticipates the following services will be ordered under this BPA through the issuance of one (1) or more call orders:

1. Attend (virtually or in-person) meetings, conferences, depositions, and/or administrative proceedings that require written transcripts;

2. Capture spoken dialogue with specialized equipment, including stenography machines, video and audio recording devices, and covered microphones;

3. Never consider anything any person says to be "off the record" unless the presiding administrative judge expressly designates a portion of the proceeding as such;

4. Report speaking identification, terms, gestures, and actions;

5. Read or play back all or a portion of the proceedings upon request from the Agency Representative or Administrative Judge;

6. Ask speakers to clarify inaudible or unclear statements or testimony;

7. Review notes for names of speakers and technical terminology;

8. Prepare transcripts for the record;

9. Edit transcripts for typographical errors; and

10. Promptly produce copies of transcripts and recordings when requested by an administrative judge or by any party who has agreed to pay the fees stated in the call order.

D. Required Qualifications for Court Reporters

The contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this work statement shall remain employees of the contractor and will not be considered employees of the Government. Furthermore, court reporters providing services under this BPA must possess, at a minimum, at least two (2) years of court reporting experience and be qualified and/or certified by the National Court Reporters Association (NCRA) or have passed an equivalent qualifying exam that evinces equivalent skills. Minimum requirements for successful completion of an equivalent qualifying examination shall include the ability to produce a simultaneous translation and display within five (5) seconds of stenotype input for five (5) minutes of professionally audio-recorded dictation at variable speeds ranging from 180 - 200 words per minute at 96% accuracy.

E. Transcripts

Format requirements and delivery time will be specified in each call order issued against this BPA.

F. Period of Performance

This BPA will be in effect for the period from the date of award through 30 September 2028. The period of performance will vary by call order and will be specified in each call order issued against this BPA.

G. Place of Performance

All the District Offices within LRD will have to ability to issue call orders against this BPA. The location of the conference, meeting, deposition, arbitrations, or administrative proceeding will be specified in the individual call orders issued against this BPA. Possible locations for performance include but are not limited to the following cities:

1. Buffalo,NY

2. Chicago,IL

3. Cincinnati,OH

4. Detroit,MI

5. Huntington,WV

6. Louisville,KY

7. Nashville,TN

8. Pittsburgh,PA

Security Requirements:

General Security Requirements and Guidance

The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations.

Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures--this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

AT Level 1 Training

All contractor and subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I Awareness Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each applicable contract employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all contract personnel. AT Level I Awareness Training is available at the following website: https://jko.jten.mil/courses/AT-level1/launch.html

Each contract employee must take the training individually to receive a training certificate.

Physical security and access control requirements

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on DoD property in the US shall be vetted by the District Security Office using the National Crime database and Terrorist Screening Database. Contract personnel shall comply with all personal identity verification requirements specified in facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

Since the work is being done within a controlled area and is expected to last more than six months, the investigation requirements fall under Category B3 for US Citizens and Category C for Foreign Nationals. Guidance and forms for the requirements are available on the Nashville District Public Website: https://www.lrn.usace.army.mil/Business-With-Us /Contracting/.

Contract and sub-contract employees are not authorized to begin work on any contract until investigation requirements have been completed and notification has been made by the COR or the District Security Office.

Because the work is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this contract any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

Suspicious Activity Reporting Training

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

The contractor and all associated sub-contractors shall receive training on the local Suspicious Activity Reporting Program. This training identifies behavioral indicators and provides guidance reporting suspicious activity. This training shall be completed within30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training. The iWatch training for contractors is available on the Nashville District Public Website:

(https://www.lrn.usace.army.mil/Business-With-Us/Contract-Security-Requirements/)

Additional Optional Information Regarding Suspicious Activity Reporting is available at:

Corps Watch https://corpslakes.erdc.dren.mil/visitors/corpswatch.cfm; iWatch Army is available at https://www.army.mil /standto/archive/2018/07/25/;

Alabama Suspicious Activity Report: https://app.alea.gov/SAR/

Eye On Kentucky program (report anonymously suspicious criminal or terrorist activity)https://homelandsecurity.ky.gov/Pages /Report-Suspicious-Activity.aspx ; Tennessee Suspicious Activity Report https://www.tn.gov/safety/homeland-security/report-suspicious-activity.html; and Homeland Security "See Something Say Something" https://www.dhs.gov/see-something-say-something."

Escorting in classified and/or sensitive areas "In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas." "Escorts must be USACE employees and never other contractors. Note Escort Requirement will no longer be required once the Contract Representative has been notified a favorable long-term investigation (Category B3) has been completed. B3 not required for extremely short maintenance or repair contracts in which the contractor will be escorted throughout project completion (under 30 days)."

Pre-Screen Candidates Using E-Verify:

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at(https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Requirements

BPA - REGIONAL COURT REPORT SERVICES

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

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

DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

Inspection and Acceptance Location

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

DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

Inspection and Acceptance Location

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

DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

Continuation of Deliveries or Performance

From 12 May 2025 to 11 May 2030

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC

Partial Delivery Schedule Delivery Period From 12 May 2025 to 11 May 2030 1 Days

Period of Performance From 12 May 2025 To 11 May 2030

1 Days Place of Performance DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

Partial Delivery Schedule Delivery Period From 12 May 2025 to 11 May 2030 200 Page

Period of Performance From 12 May 2025 To 11 May 2030

200 Page Place of Performance DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

Partial Delivery Schedule Delivery Period From 12 May 2025 to 11 May 2030 600 Page

Period of Performance From 12 May 2025

600 Page Place of Performance DoDAAC: W912P5 CountryCode: USA

W072 ENDIST NASHVILLE

KO CONTRACTING DIVISION, 801 BROADWAY RM A604

NASHVILLE, TN 37203-1070

UNITED STATES

JAMIE LYNN BARNES

Email: JAMIE.L.BARNES@USACE.ARMY.MIL Telephone: 615-736-5892

To 11 May 2030

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020

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

Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018

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

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Aug 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

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)

52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits (End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.210-1 Market Research. Nov 2021 52.211-18 Variation in Estimated Quantity. Apr 1984 52.215-2 Audit and Records-Negotiation. Jun 2020

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

Nov 2021

52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

Aug 2018

52.232-16 Progress Payments. (Alternate III) Nov 2021 Alternate III Jun 2020 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-2 Differing Site Conditions. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.246-12 Inspection of Construction. Aug 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.249-12 Termination (Personal Services). Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.213-3 Notice to Supplier. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.242-7004 Material Management and Accounting System. Jan 2025 252.242-7006 Accounting System Administration. Jan 2025 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.232-7004 DoD Progress Payment Rates. Oct 2014

FAR Clauses Incorporated by Full Text

52.232-27 Prompt Payment for Construction Contracts. (Jan 2017)

Prompt Payment for Construction Contracts (Jan 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

(A) The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

(ii) Final payments 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).

(A) The due date for making such payments is the later of the following two events:

(1) The 30 thday after the designated billing office receives a proper invoice from the Contractor.

(2) The 30 thday after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement.

(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

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

(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232- 34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(xi) Any other information or documentation required by the contract.

(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

(iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision.

These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315.

(6) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if-

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall-

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible-

(1) The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before the 40 thday after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

(b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following:

(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause-

(i) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and

(ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

(3) Subcontractor clause flowdown. A clause requiring each subcontractor to-

(i) Include a payment clause and an interest penalty clause conforming to the standards set forth in paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

(ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

(d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

(1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

(2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and

(3) Withholding…