This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement is being issued as a request for quotation (RFQ) and constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-03. This combined synopsis/solicitation is set-aside 100% for small business. North American Industrial Classification Standard 332216 applies to this solicitation; business size standard is 750 employees. The Contracting Officer reserves the right to award under a different NAICS if the company would qualify as a small business under the solicited NAICS.
The Minnesota Air National Guard has a requirement for Brand Name or EQUAL--TOOLBOX with the tools listed below (Reference part numbers included in the right-side column):
The contractor shall furnish all tools, labor, equipment, transportation, and parts necessary for the supply and delivery of the Snap-On Tools and Toolboxes listed below:
REQUIREMENTS FOR TOOLBOX:
1. WILL BE ON LOCKABLE CASTERS, MUST BE MOBILE
2. WILL BE PAINTED BLACK
3. WILL HAVE A SPRAYED BED-LINER COATING FOR TOP OF BOX. NOT BUTCHER BLOCK.
4. ALL TOOLS AND TOOLBOX WILL HAVE A LIFETIME WARRANTY
5. BOX WILL BE KEY LOCKABLE AND COME WITH 2 KEYS
6. BOX WILL HAVE A PUSH/PULL HANDLEBAR ATTACHED TO ONE SIDE
7. DRAWERS WILL HAVE A FEATURE THAT WILL NOT ALLOW THEM TO OPEN WITHOUT A LATCH OR OTHER SAFETY FEATURE
8. DRAWERS WILL OPEN TO REVEAL 100% OF CONTENTS
9. ALL CONTENTS WITHIN THE BOX WILL BE SHADOWED IN WITH BLACK ON YELLOW OR BLACK ON RED LASER CUT FOAM.
10. ALL ITEMS WILL BE LASER ETCHED WITH THE TOOLBOX NAME: F4TR15000
11. THREE SMALL DRAWERS WILL BE LEFT AVAILABLE WITH UNCUT FOAM INSTALLED FOR SPECIALTY TOOLS TO BE ADDED LATER
12. ALL TOOLS WITHIN SETS WILL BE THE SAME BRAND. TO INCLUDE WRENCHES, SOCKETS, DRIVERS, PLIERS, HAMMERS, PUNCHES, ETC.
13. TOOLBOX POC WILL BE CONTACTED DURING TOOL LAYOUT AND HE WILL GIVE FINAL APPROVAL FOR TOOL LAYOUT DURING THE FOAM CUTTING.
NOMENCLATURE QUANI-TY EXAMPLE P/N
Tool Box 1 KRL1033EPB0
1/4" DR RATCHET WRENCH 2 T72
1/4" DR RATCHET WRENCH LONG HANDLE 2 TL72
1/4" DR RATCHET WRENCH SHORT HANDLE 1 TK72
RATCHETING 1/4" DRIVER 1 TMR4
FLEXIBLE 1/4" DRIVER 1 TM63A
1/4" SPEED HANDLE 1 TMS4E
6 PIECE 1/4" WOBBLE EXTENSION KIT 1 106ATMXWP
1/4" DR 6" FLEX EXTENSION 1 TM61A
3 PIECE UNIVERSAL JOINT SET 1 103UFTS
10 PIECE 1/4" DR 6 PT SOCKET SET SHALLOW 1 110TMY
6 PIECE COMBINATION SQUARE DR. ADAPTER SET 1 1206GS
10 PIECE 1/4" DR 12 PT SOCKET SET SHALLOW 1 110TMDY
10 PIECE 1/4" DR 12 PT SOCKET SET SEMI DEEP 1 110TMDSY
10 PIECE 1/4" DR 6 PT SOCKET SET SEMI DEEP 1 110TMSY
10 PIECE 1/4" DR 6 PT SOCKET SET DEEP 1 110STMY
10 PIECE 1/4" DR 12 PT SOCKET SET DEEP 1 110STMDY
1/4" DR 6" BREAKER BAR 1 TM10G
3/8" DR 12" BREAKER BAR 1 F12LB
3/8" DR 10" BREAKER BAR 1 BLPBB3810
1/2" DR 15" BREAKER BAR 1 BLPBB1215
6 PIECE 1/4" DR 12 PT SWIVEL SOCKET SET 1 106TMUA
14 PIECE 3/8" DR 6 PT SOCKET SET SHALLOW 1 214FSY
11 PIECE 3/8" DR 12 PT SOCKET SET SHALLOW 1 211FY
11 PIECE 3/8" DR 6 PT SOCKET SET SHALLOW 1 211FSSY
14 PIECE 3/8" DR 12 PT SOCKET SET DEEP 1 214SFY
11 PIECE 3/8" DR 6 PT SOCKET SET DEEP 1 211SFSY
6 PIECE 3/8" DR 12 PT SWIVEL SOCKET SET 1 206FUA
3/8" DR RATCHET WRENCH 2 F80FOD
1/2" DR RATCHET WRENCH 1 S80A
1/2" DR RATCHET WRENCH LONG HANDLE 1 SL80A
3/8" DR RATCHET WRENCH 2 F80
3/8" DR RATCHET WRENCH LONG HANDLE 1 FL80
7 PIECE 3/8" DR 6 PT DEEP SOCKET SET FLARE NUT 1 207FRX
3/8" DR 3/8" WEATHERHEAD SOCKET 1 FD120
3/8" DR 7/16" WEATHERHEAD SOCKET 1 FD140
3/8" DR 1/2" WEATHERHEAD SOCKET 1 FD160
3/8" DR 9/16" WEATHERHEAD SOCKET 1 FD180
3/8" DR 11/16" WEATHERHEAD SOCKET 1 FD220
3/8" DR 3/4" WEATHERHEAD SOCKET 1 FD240
13 PIECE 1/2" DR 6 PT SOCKET SET SHALLOW 1 313TWYA
13 PIECE 1/2" DR 12 PT SOCKET SET SHALLOW 1 313SWYA
13 PIECE 1/2" DR 6 PT SOCKET SET DEEP 1 313TSYA
13 PIECE 1/2" DR 12 PT SOCKET SET DEEP 1 313SYA
11 PIECE COMBINATION DR TORX DRIVER SET 1 211EFTXTPY
10 PIECE 1/4" DR HEX DRIVER SOCKET BIT SET 1 110ETMAY
6 PIECE 3/8" DR WOBBLE EXTENSION SET 1 206AFXWP
3/8" DR 8" FLEXIBLE EXTENSION 1 BLPEXTF388
5 PIECE 1/2" DR WOBBLE EXTENSION SET 1 305SXWP
1/4" DR 16" FLEXIBLE DRIVER 1 TM615
1/4" DR RATCHET DRIVER 1 TMR4
1/4" DR FLEXIBLE DRIVER 1 TM62B
3/8" DR SPEEDER W/COMFORT KNOB 1 F4LBK
1/2" DR SPEEDER 1 S4
7 PIECE RATCHETING WRENCH SET 1 OEXR707
8 PIECE RATCHETING WRENCH SET FLEX HEAD 1 BOERF708A
24 PIECE 12 PT COMBINATION WRENCH SET 1 OEXD724K
2-3/16" 12 PT WRENCH 1 JHW1193
28 PIECE FOUR-WAY ANGLE WRENCH SET 1 VS828A
6 PIECE 1/4" DR OPEN END CROWFOOT WRENCH SET 1 106TMCO
14 PIECE 3/8" DR OPEN END CROWFOOT WRENCH SET 1 214FC
3/8" DR 1-3/8" OPEN END CROWFOOT WRENCH 1 FC44A
1/4" DR 3/8" FLARE NUT CROWFOOT WRENCH 1 AN85086B
1/4" DR 7/16" FLARE NUT CROWFOOT WRENCH 1 AN85087B
1/4" DR 1/2" FLARE NUT CROWFOOT WRENCH 1 AN85088B
1/4" DR 9/16" FLARE NUT CROWFOOT WRENCH 1 AN85089B
13 PIECE L-SHAPED BALL-END HEX WRENCH SET 1 BHS13A
4 PIECE ADJUSTABLE WRENCH SET 1 AD704C
LOCKING PLIERS CHAIN CLAMP 1 VGP18110
8 PIECE COMBINATION SCREWDRIVER SET 1 SGDX80BR
8 PIECE COMBINATION SCREWDRIVER SET X-LONG 1 SGDXL80BR
7 PIECE MINIATURE SCREWDRIVER SET 1 SGDE70
4 PIECE MINIATURE PICK SET 1 SGASA204A
4 PIECE STRIKING PRYBAR SET 1 SPBS704R
3 PIECE MULTIPOSITION PRYBAR SET 1 PBMP16A
3 PIECE DIAGONAL CUTTERS SET 2 PL803A
3 PIECE LONG NEEDLE NOSE PLIER SET 1 PL6711A
3 PIECE COMBINATION SLIP JOINT PLIER SET 1 PL403A
2 PIECE LONG REACH NOSE PLIER SET 1 102LHCP
4 PIECE PLIERS SET 1 AWP404
LONG REACH SLIM NEEDLE NOSE PLIER 1 411BCP
4 PIECE LOCKING PLIERS SET 1 BLP404
90 DEG ANGLE JAW NEEDLE NOSE PLIERS 1 497ACF
16 PIECE PUNCH AND CHISEL SET 1 PPC715BK
8 PIECE ROLL PIN PUNCH SET 1 PPR708BK
#0-9 1/8" STAMPING SET 1 YA817
A-Z 1/8" LETTER STAMPING SET 1 YA818
16 OZ DEAD BLOW HAMMER 1 HBFE16
24 OZ DEAD BLOW HAMMER 1 HBFE24
32 OZ DEAD BLOW HAMMER 1 HBFE32
16 OZ DEAD BLOW BALL PEEN HAMMER 1 HBBD16
16 OZ BALL PEEN HAMMER 1 BPN16B
24 OZ BALL PEEN HAMMER 1 BPN24B
UTILITY SHEARS 1 KER1120
6 PIECE MINIATURE FILE SET 1 SGFMN106
4 PIECE FILE SET 1 SGHBF300A
3 PIECE PUTTY KNIFE SET 1 PK500A
3 PIECE THREAD RESTORATION FILE SET 1 TFTFM932A
THREAD PITCH GAGE 1 TD1040A
25 PIECE MULTISPLINE SCREW EXTRACTOR SET 1 REX25C
13 PIECE 3/8" DR HEAD EXTRACTOR SET 1 BEX13B
FEELER GAUGE 3 FBST338
BLOW GUN 1 JT13B
INFARED THERMOMETER 1 RTEMP8
COTTER PIN PULLER 1 SGCP1BR
DIAGONAL CUTTER HIGH LEVERAGE 1 388ACF
6 PIECE TELESOPCE GAUGE SET 1 MTEE6
25' TAPE MEASURE 1 TPMB25
INSPECTION MIRROR TELESCOPING 2 UIM225
FLEXIBLE MAGNETIC PICKUP TOOL 1 UPT2FL
FLEXIBLE SPRING FOUR CLAW PICKUP TOOL 1 DPTC24
CANNON PLUG SOFT JAW PLIERS 2 PWC52A
2 PIECE EXTRA LONG REACH NEEDLE NOSE PLIER SET 1 BDGPL200XLR
1/4" DR 12 PT RATCHETING BOX/OPEN END WRENCH 1 BOER8
1-11/16" 12 PT WRENCH 1 OEX54A
1-3/4" 12 PT WRENCH 1 OEX56A
3 PIECE LONG REACH COMPOUNDE PLIER SET 1 BDGPL300CMP
12 PIECE LOW TORQUE SLIMLINE OPENEND WRENCH SET 1 LTA812
3 PIECE LONG NECK PLIERS/ CUTTER SET 1 BDGPL300LR
1-7/8" 12 PT WRENCH 1 OEX60A
1/4" SPLINE WRENCH 1 OES8B
5/16" SPLINE WRENCH 1 OES10B
3/8" SPLINE WRENCH 1 OES12B
7/16" SPLINE WRENCH 1 OES14B
1/2" SPLINE WRENCH 1 OES16B
9/16" SPLINE WRENCH 1 OES18B
5/8" SPLINE WRENCH 1 OES20B
11/16" SPLINE WRENCH 1 OES22B
3/4" SPLEN WRENCH 1 OES24B
1/4" TO 5/16" RATCHETING SPLINE BOX END WRENCH 1 RES810C
3/8" TO 7/16" RATCHETING SPLINE BOX END WRENCH 1 RES1214C
9/16" TO 5/8" RATCHETING SPLINE BOX END WRENCH 1 RES1820C
13/16" TO 15/16" RATCHETING SPLINE BOX END WRENCH 1 RES2630C
T-HANDLE RATCHETING MAGNETIC STANDARD DRIVER 1 SSDMRT4R
5 PIECE RATCHETING BOX END WRENCH SET 1 RBZ605
7 PIECE SHORT RATCHETING WRENCH SET 1 OXKR707
8 PIECE 3/8" DR DEEP FLARE NUT CROWFOOT WRENCH SET 1 208AN
1/4" TORQUE SCREW DRIVER 1 401SM
3/8" DR 150-1000 IN-LB TORQUE WRENCH 1 10002MRMH
3/8" DR 30-200 IN-LB TORQUE WRENCH 1 2002MRMH
3 PIECE MICROMETER SET 1 LST68036
6" DIAL CALIPER 1 120A-6
12" STEEL RULE 1 604R-12
6" STEEL RULE 1 604R-6
8 PIECE 12 PT COMBINATION WRENCH SET 1 SOXR01FBRA
MAGNETIC BIT HOLDER 2 KMAGBIT37R
LED FLASHLIGHT 2 STL74340
HEADLAMP 2 XPH30R
VIDEO SCOPE 1 BK3000-55A
3/8" DR AIR IMPACT 1 MG325
7/16" SPLINE TORQUE ADAPTER 1 FRES14
ADJUSTABLE AUTO WRENCH 1 MTF89311
7/8" 12 PT FLANK DRIVE FLEX HEAD/ OPEN-END COMBINATION WRENCH 1 FH028B
1/2" DR 6 PT 1-3/8" SOCKET DEEP 2 TS441
3/8" DR 3" OPEN-END CROWFOOT WRENCH 1 FC96A
3/4" DR 1-5/8" 12 PT SOCKET SHALLOW 1 LDH522
3/4" DR 1-7/8" 12 PT SOCKET SHALLOW 1 LDH602
1/2" DR 1-3/16" 12 PT SOCKET DEEP 1 S381
1/2" DR 1-1/4" 12 PT SOCKET DEEP 1 S401
1/2" DR 1-5/16" 12 PT SOCKET DEEP 1 S421
1/2" DR 1-3/8" 12 PT SOCKET DEEP 1 S441
1/2" DR 1-7/16" 12 PT SOCKET DEEP 1 S461
1/2" DR 1-1/2" 12 PT SOCKET DEEP 1 S481
SAFETY WIRE .020" 1 WT105-2016
SAFETY WIRE .032" 1 WT105-3216
SAFETY WIRE .041" 1 WT105-4116
REVERSIBLE WIRE TWISTER/ CUTTER 2 WTR1A
RETAINING RING PLIERS 1 PRH32
INSPECTION MIRROR TELESCOPING 2 UIM125
Preparing and Submitting your Quote:
Offerors shall provide pricing for the above items inclusive of delivery to the Minnesota Air National Guard, 4680 Viper Street, Duluth, MN 55811-6022. These items must be delivered within 60 days after date of contract. If you cannot meet this request, please provide your best delivery date. Please make quotes valid for a minimum of 60 days.
Response is encouraged to include past performance information: other military, commercial, and civilian companies with whom you have done business. Include country of manufacture for all items. Include feasible delivery dates.
Preferred CLIN structure example:
CLIN0001: Toolbox, 1 EA
CLIN0002: Blowgun, 1 EA
CLIN0003: Etc…
All questions and quotes must be directed to Rebecca Dimler at rebecca.dimler@us.af.mil and Joshua Fish at joshua.fish.1@us.af.mil no later than two business days prior to quote due date. All questions and answers must be in writing. Do not contact other Government personnel, as this will only delay receipt of answers. All questions and the answers provided will be released to all eligible offerors on a non-attribution basis. All terms and conditions remain unchanged unless amended in writing.
Place the solicitation number in the subject line of any email.
Evaluation:
The Government plans to award a contract resulting from this solicitation to the offer conforming to the solicitation which will be most advantageous to the Government and on the basis of a Best Value approach. Quotes will be evaluated using price, technical, delivery, and past performance. Technical, delivery, and past performance, when combined, are approximately equal to price. All solicitation specifications are not absolute and the 148FW will consider innovative solutions to this requirement. Quotes may be comparatively evaluated in compliance with FAR 13.106-2 (b) (3). Be sure to submit/attach enough additional information to enable the Government to fully ascertain the specifications/capabilities of any products quoted.
The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waiver informalities and minor irregularities in offers received.
GOVERNMENT INTENDS TO ISSUE ONE (1) CONTRACT BUT RESERVES THE RIGHT TO CONSIDER PARTIAL OR MULTIPLE AWARDS. If not already registered in SAM, go to WWW.SAM.GOV to register prior to submitting quote. At the time of evaluation of your quote, your company must have an active status in SAM.gov.
Electronic Documents: All electronic documents must NOT be “secured”, “locked”, or otherwise inaccessible. Submitter risks rejection if documents prove inhospitable to viewing and evaluation. Utilize standard Microsoft or Adobe formats, and net file size of all documents should be less than 10MB.
A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:
(A) Small business;
(B) Service-disabled veteran-owned small business;
(C) Women-owned small business (WOSB) under the WOSB Program;
(D) Economically disadvantaged women-owned small business under the WOSB Program; or
(E) Historically underutilized business zone small business.
The selected Offeror must comply with the following Clauses, which are incorporated herein by reference:
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.212-4 Contract Terms and Conditions--Commercial Items (NOV 2023)
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.233-2 Service of Protest (SEP 2006)
52.252-2 Clauses Incorporated By Reference (FEB 1998)
52.252-6 Authorized Deviations In Clauses (NOV 2020)
252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (JAN 2023)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)
252.204-7003 Control Of Government Personnel Work Product (APR 1992)
252.204-7009 Limitations on the use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (JAN 2023)
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEV 2024-O0013) (MAY 2024)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)
252.211-7003 Item Unique Identification and Valuation (JAN 2023)
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014)
252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023)
252.223-7998 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanic Acid (Dev 2022-O0010) (DEC 2022)
252.225-7002 Qualifying Country Sources As Subcontractors (MAR 2022)
252.225-7036 Buy American--Free Trade Agreements--Balance of Payments Program--Basic (FEB 2024)
252.225-7048 Export-Controlled Items (JUN 2013)
252.225-7052 Restriction on Acquisition of Certain Magnets, Tantalum, and Tungsten (MAY 2024)
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023)
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JAN 2023)
252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEF 2024-O0014) (AUG 2024)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.237-7010 Prohibition on Interrogation of Detainees by Contractor (JAN 2023)
252.243-7001 Pricing Of Contract Modifications (DEC 1991)
252.244-7000 Subcontracts for Commercial Items (NOV 2023)
252.247-7023 Transportation of Supplies by Sea (JAN 2023)
Provisions:
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017)
52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.204-17 Ownership or Control of Offeror (AUG 2020)
52.204-20 Predecessor of Offeror (AUG 2020)
52.204-22 Alternative Line Item Proposal (JAN 2017)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)
52.207-4 Economic Purchase Quantity-Supplies (AUG 1987)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
52.211-6 Brand Name or Equal (AUG 1999)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) AND Alt I (FEB 2024)
52.219-1 Small Business Program Representations (FEB 2024)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016)
52.225-18 Place of Manufacture (AUG 2018)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. (JUN 2020)
252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016)
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation (DEC 2019)
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation (MAY 2021)
252.204-7024 Notice on the Use of the Supplier Performance Risk System (MAR 2023)
252.225-7000 Buy American--Balance Of Payments Program Certificate-- Basic (FEB 2024)
252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022)
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—Certification (JAN 2023)
252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations (JAN 2023)
252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (DEV 2024-O0014) (AUG 2024)
252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (APR 2021)
Provisions and Clauses for this synopsis/solicitation can be found in full text at https://www.acquisition.gov/. Additional required clauses other than those listed above may be included as Addenda on the award document.
52.212-2 Evaluation—Commercial Products and Commercial Services. (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsi-ble offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Evaluation Method: Best Value – Tradeoff
Evaluation criteria: Price, Technical approach, and past performance, all being equal in evaluation.
Price:
A. Overall price will be evaluated to determine it is complete and reasonable.
B. Proposal must be good for at least 60 days after submittal.
Technical Submission
A. Quote describes how each element of the Statement of Work has been met.
B. Offerors must submit technical information (descriptive literature/specifications) that adequately demonstrates their quote meets the minimum standards required as specified in the Statement of Work.
C. A general statement of compliance or restatement of the requirement will be rated Non-Feasible.
D. New Equipment ONLY. NO USED OR REMANUFACTURED PRODUCTS WILL BE ACCEPTED.
E. Shipping is FOB Destination CONUS (Continental U.S.)
Past Performance
A. Past Performance will be evaluated utilizing FAPIIS and/or SPRS. Negative or adverse action in the last three years may render the proposal to be rated lower.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__(6) [Reserved].
__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).
_X_(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
_X_(ii) Alternate I (Dec 2023) of 52.204-30.
_X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) (31 U.S.C. 6101 note).
__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__(14) [Reserved].
__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__(17) [Reserved]
_X_(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__(ii) Alternate I (Mar 2020) of 52.219-6.
__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__(ii) Alternate I (Mar 2020) of 52.219-7.
_X_(20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).
__(21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
__(ii) Alternate I (Nov 2016) of 52.219-9.
__(iii) Alternate II (Nov 2016) of 52.219-9.
__(iv) Alternate III (Jun 2020) of 52.219-9.
__(v) Alternate IV (Jan 2025) of 52.219-9.
__(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__(ii) Alternate I (Mar 2020) of 52.219-13.
__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_(26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__(ii) Alternate I (Mar 2020) of 52.219-28.
__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_X_(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
_X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).
__(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__(ii) Alternate I (Feb 1999) of 52.222-26.
_X_(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__(ii) Alternate I (Jul 2014) of 52.222-35.
_X_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__(ii) Alternate I (Jul 2014) of 52.222-36.
__(37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
__(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
__(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
_X_(46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__(ii) Alternate I (Jan 2017) of 52.224-3.
_X_(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__(ii) Alternate I (Oct 2022) of 52.225-1.
__(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__(ii) Alternate I [Reserved].
__(iii) Alternate II (Jan 2025) of 52.225-3.
__(iv) Alternate III (Feb 2024) of 52.225-3.
__(v) Alternate IV (Oct 2022) of 52.225-3.
__(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
__(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__(65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__(ii) Alternate I (Apr 2003) of 52.247-64.
__(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023)
(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 socioeco-nomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NA-ICS) 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 con-cerns 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 con-cern 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 Govern-ment for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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 per-cent 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. The following services may be excluded from the 50 percent limitation:
(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.
(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(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 materi-als, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity fur-ther 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 con-tractor’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–
__ By the end of the base term of the contract and then by the end of each subsequent option pe-riod; or
_X_ 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 ad-ministrative 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 ad-ministrative functions.
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://piee.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://piee.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice and Receiving Report OR COMBO
(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.
N/A
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance-based payments, submit a performance-based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Field Name in WAWF Data to be Entered in WAWF
CLIN(s) 0001
Pay Official DoDAAC F87700
Issue By DoDAAC W50S7F
Admin DoDAAC ** W50S7F
Inspect By DoDAAC BLOCK #15
Ship To Code BLOCK #15
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept At Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Rebecca.dimler@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.
Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.
To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:
National Guard Bureau
Office of the Director of Acquisitions/ Head of Contracting Activity
ATTN: NGB-AQ-O
111 S. George Mason Dr.
Arlington, VA 22204
Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil
All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.
