W912PB26QA076 Conform Copy.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

Food Waste Collection, Hohenfels, USAG BavariaInstrument Name:

Product Service Code : S205

SOLICITATION / AWARD INFORMATION AND INSTRUCTION

General Information

Regional Contracting Office POC

Contract Specialist: Evelyn Butter

COMM: 09641-70-526-8708

DSN: 526-8708

E-mail: evelyn.butter.ln@army.mil

Customer POC: (to be added at time of award)

NOTE to the Contractor: NEVER contact the Customer POC with problems, e.g., late deliveries, etc. as they are not authorized to approve that. ALWAYS contact the Contracting Office.

Short Description of Requirement: Disposal of Food Waste, Hohenfels, USAG Bavaria

PERIOD OF PERFORMANCE:

Base Year: 15 Nov 2026 through 14 Nov 2027

First Option Year: 15 Nov 2027 through 14 Nov 2028

Second Option Year: 15 Nov 2028 through 14 Nov 2029

Third Option Year: 15 Nov 2029 through 14 Nov 2030

Fourth Option Year: 15 Nov 2030 through 14 Nov 2031

W912PB26QA0760002

The PoP shown herein is tentative. The Government expects to make an award before that date, however, should an award be made after that date, there will be a change to the contractual document, and the award must be signed/accepted by the contractor.

This solicitation is a request for quotations (RFQ) and references contained herein to "offeror(s)" or "offer(s)" means "quoter(s)" or "quote(s)."

SAM AND WAWF INFO

1. SAM BACKGROUND

The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.

In accordance with FAR 52.204-7, an offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award.

2. WIDE AREA WORKFLOW (WAWF) BACKGROUND

WAWF (as part of PIEE - Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.

IMPORTANT NOTE:

Please see further instructions to offerors in the ADDENDA section

*** END OF NARRATIVE 1 ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) A001 through A006. Items described at ELINs A002, A003, and A005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order

1 Job unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- Base Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) B001 through B006. Items described at ELINs B002, B003, and B005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units

1 Job performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated. --- 1st Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) C001 through C006. Items described at ELINs C002, C003, and C005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess

1 Job of a quantity estimated in the order notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 2nd Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) D001 through D006. Items described at ELINs D002, D003, and D005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to

1 Job payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 3rd Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) E001 through E006. Items described at ELINs E002, E003, and E005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess

1 Job of a quantity estimated in the order notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 4th Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Continuation of Description

VENDOR QUESTIONS AND GOVERNMENT ANSWERS:

Question 1:

Key Personnel Qualification: The PWS requires the Program Manager and Alternate Program Manager to be TUV-certified Waste Management Specialists (Betriebsbeauftragter fur Abfallwirtschaft). Would documented Fachkunde gema EfB-V be considered acceptable/equivalent for this requirement, or is a specific additional certification/training required?

Answer:

Respnse: While both qualifications require substantial expertise under the German Circular Economy Act (Kreislaufwirtschaftsgesetz - KrWG), they serve distinct statutory purposes:

(S) 9 EfbV governs the operational and technical management of certified waste disposal and recycling facilities ((S) 56 KrWG). In contrast, (S) 9 AbfBeauftrV governs the independent supervisory, auditing, and reporting role of a waste officer at the waste-generating site ((S)(S) 59, 60 KrWG).

The EfbV curriculum focuses heavily on commercial disposal processes, facility management, and logistics, whereas the AbfBeauftrV training specifically targets waste prevention concepts, operational audits, and internal corporate reporting.

In standard administrative practice, state environmental authorities (Gewerbeaufsichtsamt / Umweltamt) require explicit certification under (S) 9 AbfBeauftrV to accept an official appointment notification. Typically, an EfbV certificate alone is not accepted without completing an accredited 1-day bridge seminar (Erganzungslehrgang)."

Question 2:

Sunday/Weekend Pickups: The PWS requires rotational training support up to 7 days per week, including weekends and holidays. Could you please clarify how Sunday pickups are currently handled, considering the applicable German Sunday driving restrictions (Sonntagsfahrverbot) for heavy-duty trucks?

Answer:

Sunday operations outlined in the Performance Work Statement (PWS) are executed in full compliance with host-nation regulatory frameworks, specifically the German Sunday driving prohibition (Sonntagsfahrverbot pursuant to (S) 30 Abs. 3 StVO).

The requirement for Sunday container servicing is strictly contingent upon scheduled rotational training exercises. The scope of contractor performance on Sundays is confined exclusively to on-post collection, relocation, and secure temporary staging within designated installation holding areas. Off-installation commercial transport on public thoroughfares is neither required nor authorized on Sundays; public road transport to external processing and disposal facilities shall occur on the subsequent authorized operating day (i.e., the following regular business day).

Question 3:

Refrigeration Unit: Would a refrigerated trailer (Kuhlanhanger) be acceptable as the required refrigeration unit? If so, would the Government provide a suitable ramp or equivalent means for loading the food waste containers into the trailer?

Answer:

The Government will NOT provide loading ramps, specialized handling gear, or auxiliary loading equipment. In accordance with PWS requirements, the contractor is fully responsible for furnishing all personnel, equipment, tools, materials, and logistical means necessary to safely load, unload, and operate the proposed unit and execute all required services without Government-furnished support.

Question 4:

How many times over the past 3 years has a Sunday disposal been required? What are the official criteria for a necessary disposal? (Is it necessary to start a disposal tour for one container? --> extreme example)

Answer:

Historical dispatch data regarding Sunday disposals over the past three fiscal years is not indicative of future operational requirements. Sunday waste management operations are driven dynamically by the JMRC Rotational Training Calendar, which fluctuates annually based on participating unit availability, troop strength, and exercise density.

Sunday collections are reserved strictly for high-density training exercises and will not be dispatched for single, permanent-use containers. Under standard operating criteria, permanent infrastructure containers are managed on a fixed weekday schedule.

Question 5:

Is there a place on the Hohenfels training area, where our filled trucks can be officially parked on Sundays or holidays after a disposal tour?

Answer:

To support operational compliance and environmental safety, the Garrison will designate a secured Hard Stand within the Hohenfels Training Area. This designated staging area will be available for the temporary parking of laden tactical or contractor disposal vehicles on Sundays and official holidays, ensuring compliance with host-nation transport regulations and military security protocols.

Question 6:

Technical Exhibit 1 demands a lot of documentation concerning "Record of Service". Is it possible to send us one example of the current contractor (without any secret information)? A lot of this information is on our delivery note. Some points are unusual ( j, k, m, n). We do not understand, is it a monthly or a daily record?

Answer:

The 'Record of Service' is a contractor-developed quality control deliverable that serves as official proof of contract performance. In accordance with Technical Exhibit 1, this documentation must comprehensively reflect all completed tasks.

The Record of Service operates as a daily operational log maintained by the contractor's field personnel, which is then consolidated into a monthly reporting package to support invoicing and Garrison environmental reporting. While proprietary/previous contractor formats cannot be disclosed, the contractor is expected to design a template that captures all required parameters (items j, k, m, n) in alignment with standard commercial waste management practices.

Question 7:

Technical Exhibit 2 and 3 show different locations and different required numbers of containers.

Numbers and locations do not fit together. Which list is the correct one? (example: Bldg 857 / DFAC is on page 49 but not on page 51)

Answer:

Technical Exhibit 2 represents the master inventory containing all authorized permanent and non-permanent waste collection locations across the installation.

Technical Exhibit 3 is a subset list generated solely for internal IMCOM-Europe financial accounting (reimbursable customers). The discrepancies in locations (e.g., Bldg 857 / DFAC) reflect internal funding lines and do not alter the contractor's scope of work. The contractor must utilize the comprehensive locations, quantities, and service frequencies detailed in Technical Exhibit 2 as the baseline for operational planning and execution.

Question 8:

Food waste belongs under EU Regulation (EC) No. 1069/2009 (Animal By-Products). It classifies food waste as category 3 material, requiring strict hygiene during transport and processing. One legal requirement stipulates that the containers had to be signed as "Category 3 Material". On the container label in the technical exhibit 4 is not any hind. Is it possible to add the formulation "Category 3 Material - Not for human consumption" // Material der Kategorie 3 - Nicht fur den menschlichen Verzehr"?

Answer:

In accordance with EU Regulation (EC) No. 1069/2009 (Animal By-Products) governing Category 3 material transport, the contractor is fully authorized--and contractually responsible--for ensuring all food waste collection assets are labeled correctly. The Garrison has no objection to the addition of the bilingual safety markings: 'Category 3 Material - Not for human consumption' / 'Material der Kategorie 3 - Nicht fur den menschlichen Verzehr', to maintain host-nation regulatory compliance.

Question 9:

The Contractor shall also provide one each refrigerator unit (of volume 28.4 cbm) for interim storage of 35 - 40 each filled 120L food waste containers at the DFAC # 857. While the site visit it was empty. Is it actually necessary to offer such an expensive way to storage food waste, if it is not used every day? It would be the only location where the food waste is cooled.

Answer:

The requirement for a refrigerated storage unit (capacity optimized for 30 containers) at DFAC #857 is a non-negotiable sanitary safeguard specified in the Performance Work Statement (PWS).

While the unit may have appeared empty during the site visit (due to the scheduled Tuesday and Friday evacuation cycles), refrigeration is critical to prevent organic waste decomposition, pest vectors, and odor issues between pick-ups. The contractor must price and provide this asset as specified.

Question 10:

We saw containers for used cooking oil on several places. Could you please send us the next public tender?

Answer:

Information regarding future procurement actions for cooking oil recycling is not within the scope of this solicitation. All upcoming public tenders, market research, and active solicitations will be published transparently via the official government point of entry at SAM.gov. Interested parties are encouraged to monitor the platform for future Department of the Army requirements.

*** END OF NARRATIVE 1 ***

Requirements Food Waste Collection, Hohenfels, USAG Bavaria

Continuation of Deliveries or Performance

0001 1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2026 To 14 Nov 2027

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2027 To 14 Nov 2028

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance

From 15 Nov 2028 To 14 Nov 2029

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2029 To 14 Nov 2030

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2030 To 14 Nov 2031

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

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

(Deviation 2026-O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in 2026-02

Persons. (Deviation 2026-O0038)

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

2024-05

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2021-02

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2023-01

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

2023-01

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

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

2023-01

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

2023-06

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

2023-01

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.232-36 Payment by Third Party.

(Deviation 2026-O0038)

Payment by Third Party (Feb 2026) (Deviation 2026-O0038)

(a) General.

(1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract.

(2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP).

Information on TOP is available at https://www.fiscal.treasury.gov/TOP/. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card.

(b) Contractor payment request.

(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor.

(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized.

(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract.

(d) Documentation. Documentation of each charge against the Government's account shall be provided to the Contracting Officer upon request.

(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940, (31 U.S.C. 3727, 41 U.S.C. 6305).

(f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph (c) of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request.

(End of clause)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024)

(a) Definitions. As used in this clause-

"Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

"Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

"Contractor attributional/proprietary information" means information that identifies the contractor (s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

"Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

"Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

"Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.

archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

"Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

"Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

''Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

"Rapidly report" means within 72 hours of discovery of any cyber incident.

"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (available via the internet at https://csrc.nist.gov/publications/sp800) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability.

These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts.

This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S.

Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall-

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to-

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

2015-06

United States.

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) . " United States ," as used in this clause, means, the 50 States, the District of Definition Columbia , and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is -

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone (703) 693-9832.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process Electronic invoicing.

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

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

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

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

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) Document submissions may be via web WAWF methods of document submission.

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.

[ ] Invoice and Receiving Report (COMBO) (Supplies)

(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.

[xx] Invoice as 2 in 1 (Services)

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

(iv) For performance based payments,…