Requirement Title: Modular Buildings
Solicitation Number: N6523625R3800
Solicitation Issue Date: Tuesday 3 June 2025
Amendment 2: Issued 26 June 2025 incorporates the following change:
- Adds Questions and Answers as a non CUI attachment within this sam.gov posting
Amendment 1: Issued 13 June 2025 incorporates the following changes underlined herein:
- Extend the Response Deadline from 18 June to 30 June 2025.
- Revise Attachment 1 – Basic Contract N6523625D3800 Statement of Work to update highlighted paragraphs within.
- Revise Attachment 6 - Delivery Order N6523625FXXXX Statement of Work to update highlighted paragraph within.
- Revise Attachment 8 – Building #1 Floor Plan (Delivery Order) to correct power density per rack.
- Revise Attachment 14: Delivery Order N6523625FXXXX Pricing Model to correct formula error.
- Add Questions and Answers as a CUI Attachment to this solicitation.
Response Deadline: Monday, 30 June 2025 no later than 10:00 AM EST
Government Point(s) of Contact:
Bridgette Clayton, Contract Specialist
Email Address: bridgette.l.clayton.civ@us.navy.mil
Jessie Rehwoldt, Contracting Officer
Email Address: jessie.m.rehwoldt.civ@us.navy.mil
General Information
This request is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6. This announcement constitutes the only solicitation; Proposals are being requested. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. Only firm fixed price offers will be evaluated.
1. This solicitation document and incorporated provisions and clauses are those in effect through:
-Federal Acquisition Circular 2025-03
-Defense Federal Acquisition Regulation Change 01/17/2025
2. This acquisition is a competitive requirement. This requirement is a 100% small business set aside. In order to be considered, offerors must be registered as a small business under the North American Industry Size Classification System (NAICS) code 332311. The Small Business Size Standard associated with this NAICS is 750 employees.
3. Contractors must be registered for federal government awards in SAM to receive award. To register in SAM, go to: https://sam.gov/content/entity-registration
Requirement Information
The Naval Information Warfare Center (NIWC) Atlantic has a requirement for a commercial single award Indefinite Delivery, Indefinite Quantity (IDIQ) contract for:
All management, labor, equipment, and material necessary for design, fabrication, delivery, and installation of up to eight (8) relocatable modular, prefabricated temporary facility equipment that are Intelligence Community Directive (ICD) 705 compliant.
Attachments 1 through 12 below contain Controlled Unclassified Information (CUI) that will be required to respond to this solicitation. A pre-solicitation notice was posted on 19 May 2025, identifying how interested vendors could be cleared by security to obtain this CUI via DOD Safe. If a vendor has not engaged with the Government to pass security reviews and is still interested in responding to this solicitation, they may follow the instructions on the pre-solicitation notice, but please note there will not be an extension to the solicitation due date to account for any delays an offeror experiences with this security review.
Revised Attachment 1 – Basic Contract N6523625D3800 Statement of Work
Attachment 2 – Base Access Pass Registration (Basic Contract)
Attachment 3 – Joint Base Charleston Base Access Worksheet (Basic Contract)
Attachment 4 – Site Plan (Basic Contract)
Attachment 5- CDRLS (Basic Contract)
Revised Attachment 6 – Delivery Order N6523625FXXXX Statement of Work
Attachment 7 – Building #1 Construction Specifications (Delivery Order)
Revised Attachment 8 – Building #1 Floor Plan (Delivery Order)
Attachment 9 – Building #1 Construction Security Plan (Delivery Order)
Attachment 10 – Building #1 Electrical Concept Design
Attachment 11 – Building #1 Electronic Security Systems, Intrusion Detection Systems, & Access Control Systems Concept Design
Attachment 12 – Building #1 Anechoic Chamber Basic Design Specifications
Attachments 13 through 16 below shall be completed and returned to the Government with the offerors proposal.
Attachment 13: Past Performance Reference Form
Revised Attachment 14: Delivery Order N6523625FXXXX Pricing Model
Attachment 15: Delivery Order N6523625FXXX Performance Based Payment Schedule
Attachment 16: FAR 52.212-3 Alt I (Offeror Representations and Certifications)
F.O.B. Destination: Deliver to NIWC Atlantic, Hanahan, SC 29410 (exact customer address will be provided in the resulting contract).
All questions regarding this RFP must be submitted to the Government Points of Contact identified above by 11 June 2025 at 11:00 AM EST.
FAR 52.212-1, Instructions to Offerors- Commercial Items and Commercial Services
To be considered responsive, offerors must submit a proposal addressing the following:
Factor A: Technical Approach
Factor B: Past Performance
Factor C: Price
It is the Government’s intent to simultaneously award the basic IDIQ contract and the first delivery order to the successful offeror of this solicitation. The ceiling of the basic IDIQ will be established using the competitive pricing proposed for the first delivery order multiplied times eight (8) modular buildings. Per FAR 52.216-22, the ordering period of this IDIQ will be 5 years from date of award and the delivery date on any order issued against this IDIQ shall not exceed 24 months from date of award.
In response to this RFP, offerors shall provide the following information:
FACTOR A: TECHNICAL APPROACH
The offeror shall provide a design approach, inclusive of drawings, material lists, demonstration of ICD 705 compliance, and incorporation of specified requirements for the first secure modular building. The offeror shall also propose a detailed schedule for the design, fabrication, delivery, and installation of the first modular building.
The Offeror shall submit the preliminary design in PDF format based on the Offeror’s understanding of Attachments 1 through 12. In addition, the Offeror shall submit a written technical approach in support of drawings to expand upon material selection, ICD 705 compliance, and proposed methods of performance. This written technical approach shall not exceed 10 pages. For purposes of this solicitation, a page is defined as one 8.5"x 11" size electronic page with no less than 1-inch margins on all sides and using a minimum of 10-point Times New Roman font using normal character spacing and no less than single line spacing.
The offeror shall submit a preliminary schedule in Excel format, aligned with the requirements and tasks outlined in the SOW. This schedule must detail the total number of days from contract award to project completion, encompassing the time necessary to pass inspections and tests as specified in the basic contract SOW. The proposed schedule shall not exceed 24 months from time of delivery order award to accreditation ready. The preliminary schedule should clearly delineate the duration of each task, broken down in accordance with Attachment 15 – Performance Based Payment Schedule. Furthermore, overlapping periods between tasks should be distinctly indicated. The proposed Preliminary Schedule shall be governed as a delivery term of the contract if awarded.
FACTOR B: PAST PERFORMANCE
The prime offeror shall provide reference information on three (3) recent Government contracts relevant to this
RFP. At least one (1) contract reference must have met/completed ICD/ICS 705 Accreditation. For the purposes of Factor B, relevancy is defined as a contract reference with an invoiced amount equal to or exceeding $3 million for efforts that require the following:
- RF Shielding >50dB and results
- Site preparation
- System design and hardware installation
Recency is defined as a contract reference that is currently active or has been performed within the last five (5) years prior to the solicitation issue date. At least one (1) previous contract reference shall have been performed by the offeror as the prime contractor; the remaining two (2) contract references may have been performed by the offeror as the prime or subcontractor. If item 2 below is applicable, one of the three total references shall be submitted by the subcontractor.
- Offerors shall complete Sections 1 and 2 of Attachment 13 Past Performance Reference Form and email them directly to the Government Points of Contact identified on this solicitation. If CPARS data in Section 2 is unavailable, Offerors should send the form to each of the Offeror’s references for Section 3. Offerors must instruct each reference to complete Section 3 of the Attachment 13 and e-mail the completed form directly to the Government Points of Contact identified on this solicitation, as indicated on the form. Forms received from the Offeror that include Section 3, instead of being sent directly from the Offeror’s reference, will not be accepted.
- If 50% or more of the modular will be built at a subcontractor’s facility, the Offeror shall include one past performance reference for the Subcontractor from the three total references required and shall state the Subcontractor’s name, project manager’s name, street address, phone number, and e-mail address in a separate attachment to be included with the Offeror’s submission.
Note: Offerors are responsible for ensuring that references send the past performance reference forms to the Government Points of Contact by the RFP closing date and time. The Government will utilize Past Performance Reference Forms (Attachment 13) received and other resources, to gather Past Performance information on the Offeror.
Offerors are informed that both independent data (such as information obtained from DoD databases, other databases available to the Government, and any and all sources including sources outside of the Government) and data provided by the Offerors in their past performance information may be used to evaluate Offeror’s past performance. It is incumbent upon the Offeror to explain the relevance of the data provided to this solicitation requirement. The Government does not assume the duty to search for data to cure problems within the past performance information. The burden of providing thorough and complete past performance data remains with the Offerors.
COST FACTOR
factor C: Price
Offerors shall provide a Firm Fixed Price (FFP) for the modular facility requirements of the first delivery order using Attachment 14- Delivery Order N6523625FXXXX Pricing Model. This competitive pricing will then be multiplied by eight (8) modular facilities to establish the IDIQ ceiling for the resulting single award IDIQ contract.
Offerors shall propose FFP pricing for CLIN 0001 on the first Delivery Order which will include design, fabrication, testing, delivery and installation of one modular facility. The Government intends to provide performance-based payments on this procurement in accordance with the detailed entry and exit criteria identified in Attachment 15- Performance Based Payment Schedule. Offerors are to complete the two columns labeled “Due on or Before” and “Payout Schedule” in their proposal to the Government. Offerors are instructed to establish the payout schedule for the final milestone Installation Closeout using 15% of the total price proposed. The pricing identified in both Attachment 14 and Attachment 15 should match, however if there is a discrepancy the Government will evaluate and award using the pricing established in Attachment 14.
Offerors should also submit a complete FAR 52.212-3 Alt I Representations and Certifications with their proposal found in Attachment 16.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will make an offer resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals:
Factor A: Technical Approach
Factor B: Past Performance
Factor C: Price
Factor A Technical Approach is significantly more important than Factor C Price. Factor B Past Performance will be evaluated on an Acceptable/Unacceptable basis. However, price is an important factor and should be considered when preparing proposals. While Factor A is significantly more important than price, the importance of price as an evaluation factor increases with the degree of technical equality of the proposals. Accordingly, when proposals are considered essentially equal in terms of technical approach, price may become the determining factor for award.
Adjectival Ratings and Definitions:
The following ratings will be utilized for Technical Approach (Factor A)
Color Rating Adjectival Rating Description
BLUE OUTSTANDING Proposal demonstrates an exceptional approach and understanding of the requirements, contains multiple strengths and/or at least one significant strength, and risk of unsuccessful performance is low.
PURPLE GOOD Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.
GREEN ACCEPTABLE Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.
YELLOW MARGINAL Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
RED UNACCEPTABLE Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies and is unawardable, and/or risk of performance is unacceptably high.
(a) The following ratings will be utilized for Past Performance (Factor B):
Adjectival Rating Description
ACCEPTABLE Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.
UNACCEPTABLE Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
NOTE: A proposal that receives a rating of “Unacceptable” in any non-cost factor will result in the entire proposal being determined "Unacceptable" and ineligible for award.
Definitions
Significant Strength – is an aspect of an offeror’s proposal with appreciable merit or will exceeds specified performance or capability requirements to the considerable advantage of the Government during contract performance.
Strength – is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.
Weakness – is a flaw in the proposal that increases the risk of unsuccessful contract performance.
Significant Weakness – is a flaw that appreciably increases the risk of unsuccessful contract performance.
Deficiency – is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.
Risk – as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.
FACTOR A: TECHNICAL APPROACH
The Government will evaluate the Offeror’s solution in the following areas:
Technical Approach
- Compliance with, or exceeding, the requirements provided in the Attachments 1 through 12, Basic Contract and Delivery Order SOW requirements.
- If the Offeror’s Technical Approach does not meet the specified design requirements, then the failure to meet that requirement(s) may be defined as a deficiency which may result in a rating of “Unacceptable”.
- Submittal Requirements: Design Drawings, Written Technical Approach and Attachment 15 – Performance Based Payment Schedule are REQUIRED. Failure to provide the REQUIRED submittals may result in a rating of “Unacceptable.”
- The Technical proposal must demonstrate feasibility and practicability of the proposed design and schedule with supporting data. This includes the validity, clarity, and accuracy of technical information submitted which must prove compliance with the requirements and the ability of the proposal to meet the specifications of this RFP. Failure to propose enough detail to prove compliance with ICD 705 may be defined as a deficiency which may result in a rating of “Unacceptable”.
- Delivery Schedule demonstrating the Offeror’s understanding of the requirements and the ability to fulfill them within proposed delivery terms. Total Delivery Schedule resulting in a delivery exceeding 24 months may result in a rating of “Unacceptable.” Demonstrating a technical approach resulting in a delivery schedule faster than 24 months is more valuable to the Government.
FACTOR B: PAST PERFORMANCE
Submittal Requirements: Attachment 13, Sections 1 and 2 by offeror and Section 3 as applicable submitted by contract references.
The Government will evaluate recent and relevant performance on an acceptable/unacceptable basis. Past performance work that was performed satisfactorily (as indicated through information submitted in the offerors proposal, obtained by the Government from CPARS, contract reference submissions, or other independent data) and determined relevant to the work required by the solicitation will be rated as acceptable. Past performance work that was performed unsatisfactorily will be rated as unacceptable.
Offerors that have no record of past performance (i.e., new businesses) must submit a signed and dated statement to that effect. If an offer submits a certification statement and the Government has no information available regarding the offeror’s past performance, that offeror will receive a neutral rating (i.e., the offeror is evaluated neither favorably nor unfavorably) for past performance. If offerors (prime and subcontractors) provide contract reference information that is not relevant and current as defined above, then that reference will not be considered.
For the purposes of evaluation, a neutral rating will be considered acceptable. Past performance information will be evaluated on an Acceptable/Unacceptable basis.
FACTOR C: PRICE
Submittal Requirements: Attachment 14, Attachment 15 and Attachment 16.
The Government will evaluate price in accordance with FAR 15.404-1 proposal analysis techniques. Price analysis using one or more of the methods listed in FAR 15.404-1(b) will be used to ensure that the proposal will result in a fair and reasonable price. The Government will use the completed Attachment 14 (Pricing Model) and multiply the total price by eight (8) to establish a ceiling for the IDIQ for up to eight (8) secure modular buildings as well as price the first delivery order. The Contracting Officer may compare the proposed price with prices quoted by competitors and with other data and estimates available to the Contracting Officer. In addition, the contracting officer will use the proposed payment within Attachment 15 - Performance Based Payment Schedule to evaluate proposed financing against an offeror’s schedule proposed in Factor A and as a price comparison with other offerors. The Contracting Officer may determine a proposed price to be unfair and unreasonable if it is substantially higher than prices proposed by competitors.
The government intends to award this contract without discussions. However, the government reserves the right to open discussions if it is in its best interest.
Offerors shall properly label all proposal documents with CUI markings and ensure proper handling of CUI information. All CUI proposal documents shall be submitted via DODSAFE to the Government Points of Contact identified in this solicitation by the response deadline of this solicitation.
In addition, Offerors shall email the Government Points of Contact all proposal documents that do not contain CUI, a list of CUI documents submitted via DODSAFE and a screenshot of DODSAFE submission. This email shall be submitted by the response deadline of this solicitation and will be used by the Government to determine timely submission.
The offeror’s proposal shall be in accordance with the requirements set forth below:
-
- PDF files shall be created using Adobe Acrobat X or earlier versions.
- Excel files shall be created using Microsoft Excel 2010.
- In order to facilitate email transmission, it is recommended that proposal submission files be compressed (zipped) into one, ZIP file entitled “PROPOSAL.ZIP” using WinZip version 17.5 or greater.
- The Government does not have the ability to open documents that are not submitted in accordance with the instructions above.
The Government will provide confirmation of receipt of submission and received attachments via DODSAFE.
Incorporated By Reference
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)
52.204-6 Unique Entity Identifier (OCT 2016)
52.204-7 System for Award Management (NOV 2024)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.209-7 Information Regarding Responsibility Matters (OCT 2018)
52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020)
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)
52.216-22 Indefinite Quantity (Oct 1995)
52.242.15 Stop-Work Order (AUG 1989)
52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996)
52.246-16 Responsibility for Supplies (APR 1984)
52.247-34 F.o.b. Destination (JAN 1991)
252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)
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)
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2023)
252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2023)
252.204-7024 Notice on the use of the Supplier Performance Risk System (MAR 2023)
252.215-7008 Only One Offer (DEC 2022)
252.225-7000 Buy American—Balance of Payments Program Certificate – Basic (FEB 2024)
252.225-7001 Buy American and Balance of Payments Program – 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–Representation (JUN 2023)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.247-7023 Transportation of Supplies by Sea—Basic (OCT 2024)
Incorporated by Full Text
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:
_x_ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
_x_ (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).
__ (11)(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii)Alternate I (Dec 2023) of 52.204-30.
_x_ (12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (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.
_x_ (23)52.219-14, Limitations on Subcontracting (DEVIATION 2021-O0008)(SEP 2021) (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.
__ (35)(i)52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii)Alternate I (Jul 2014) of 52.222-35.
__ (36)(i)52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii)Alternate I (Jul 2014) of 52.222-36.
__ (37)52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X_ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (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).
_X_ (40)52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii)Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44)52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45)52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46)52.223-23, Sustainable Products and Services (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.
__ (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)
252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
__________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.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD
Issue By DoDAAC N65236
Admin DoDAAC** TBD
Inspect By DoDAAC N65236
Ship To Code N65236
Ship From Code TBD
Mark For Code N65236
Service Approver (DoDAAC) N65236
Service Acceptor (DoDAAC) N65236
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC TBD
Other DoDAAC(s) N/A
(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.
TBD
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
