FAC 2025-03

the successful performance of ongoing Federal operations. All advisory

and assistance services are classified in one of the following definitional

− subdivisions:(1) Management and professional support

+ subdivisions:(1)

+ Management and professional support

services, i.e., contractual services that provide assistance,

advice or training for the efficient and effective management and

project monitoring and reporting, data collection, budgeting, accounting,

performance auditing, and administrative technical support for conferences

− and training programs.(2) Studies,

+ and training programs.(2)

+ Studies,

analyses and evaluations, i.e., contracted services that

provide organized, analytical assessments/evaluations in support

Included are studies in support of R&D activities. Also included

are acquisitions of models, methodologies, and related software

− supporting studies, analyses or evaluations.(3) Engineering

+ supporting studies, analyses or evaluations.(3)

+ Engineering

and technical services, i.e., contractual services used to

support the program office during the acquisition cycle by providing

the successful performance of ongoing Federal operations. All advisory

and assistance services are classified in one of the following definitional

− subdivisions:(1) Management and professional support

+ subdivisions:(1)

+ Management and professional support

services, i.e., contractual services that provide assistance,

advice or training for the efficient and effective management and

project monitoring and reporting, data collection, budgeting, accounting,

performance auditing, and administrative technical support for conferences

− and training programs.(2) Studies,

+ and training programs.(2)

+ Studies,

analyses and evaluations, i.e., contracted services that

provide organized, analytical assessments/evaluations in support

Included are studies in support of R&D activities. Also included

are acquisitions of models, methodologies, and related software

− supporting studies, analyses or evaluations.(3) Engineering

+ supporting studies, analyses or evaluations.(3)

+ Engineering

and technical services, i.e., contractual services used to

support the program office during the acquisition cycle by providing

business concerns or individuals if, directly or indirectly either

one controls or can control the other; or third party controls or

− can control both, except as follows:(1) For use in subpart 9.4, see the definition

− at 9.403.(2) For use

+ can control both, except as follows:(1)

+ For use in subpart 9.4, see the definition

+ at 9.403.(2)

+ For use

of affiliates in size determinations, see the definition of "small

business concern" in this section.

business concerns or individuals if, directly or indirectly either

one controls or can control the other; or third party controls or

− can control both, except as follows:(1) For use in subpart 9.4, see the definition

− at 9.403.(2) For use

+ can control both, except as follows:(1)

+ For use in subpart 9.4, see the definition

+ at 9.403.(2)

+ For use

of affiliates in size determinations, see the definition of "small

business concern" in this section.

Architect-engineer services

Architect-engineer services, as defined

− in 40 U.S.C. 1102, means—(1) Professional

+ in 40 U.S.C. 1102, means—(1)

+ Professional

services of an architectural or engineering nature, as defined by

State law, if applicable, that are required to be performed or approved

by a person licensed, registered, or certified to provide those

− services;(2) Professional

+ services;(2)

+ Professional

services of an architectural or engineering nature performed by

contract that are associated with research, planning, development,

− design, construction, alteration, or repair of real property; and(3) Those other

+ design, construction, alteration, or repair of real property; and(3)

+ Those other

professional services of an architectural or engineering nature,

or incidental services, that members of the architectural and engineering

Architect-engineer serviceses

Architect-engineer services, as defined

− in 40 U.S.C. 1102, means—(1) Professional

+ in 40 U.S.C. 1102, means—(1)

+ Professional

services of an architectural or engineering nature, as defined by

State law, if applicable, that are required to be performed or approved

by a person licensed, registered, or certified to provide those

− services;(2) Professional

+ services;(2)

+ Professional

services of an architectural or engineering nature performed by

contract that are associated with research, planning, development,

− design, construction, alteration, or repair of real property; and(3) Those other

+ design, construction, alteration, or repair of real property; and(3)

+ Those other

professional services of an architectural or engineering nature,

or incidental services, that members of the architectural and engineering

purchase descriptions, or the solicitation (e.g., balance,

facility of use, or pattern).

− Biobased

− product

− Biobased

− product means a product determined by the U.S. Department of

− Agriculture to be a commercial product or industrial product (other

− than food or feed) that is composed, in whole or in significant

− part, of biological products, including renewable domestic agricultural

− materials and forestry materials.

− Biobased

− products

− Biobased

− product means a product determined by the U.S. Department of

− Agriculture to be a commercial product or industrial product (other

− than food or feed) that is composed, in whole or in significant

− part, of biological products, including renewable domestic agricultural

− materials and forestry materials.

+ Biobased product

+ Biobased product means a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).

+ Biobased products

+ Biobased product means a product determined by the U.S. Department of Agriculture to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).

Broad

agency announcement

the construction or development of the project.

Bundling

− Bundling—(1) Means

+ Bundling—(1)

+ Means

a subset of consolidation that combines two or more requirements

for supplies or services, previously provided or performed under

award to a small business concern (even if it is suitable for award

to a small business with a Small Business Teaming Arrangement) due

− to—(i) The

+ to—(i)

+ The

diversity, size, or specialized nature of the elements of the performance

− specified;(ii) The aggregate

− dollar value of the anticipated award;(iii) The geographical

− dispersion of the contract performance sites; or(iv) Any combination

+ specified;(ii)

+ The aggregate

+ dollar value of the anticipated award;(iii)

+ The geographical

+ dispersion of the contract performance sites; or(iv)

+ Any combination

of the factors described in paragraphs (1)(i), (ii), and (iii) of

− this definition.(2) "Separate

+ this definition.(2)

+ "Separate

smaller contract" as used in this definition, means a contract that

has been performed by one or more small business concerns or that

was suitable for award to one or more small business concerns.

Bundlings

− Bundling—(1) Means

+ Bundling—(1)

+ Means

a subset of consolidation that combines two or more requirements

for supplies or services, previously provided or performed under

award to a small business concern (even if it is suitable for award

to a small business with a Small Business Teaming Arrangement) due

− to—(i) The

+ to—(i)

+ The

diversity, size, or specialized nature of the elements of the performance

− specified;(ii) The aggregate

− dollar value of the anticipated award;(iii) The geographical

− dispersion of the contract performance sites; or(iv) Any combination

+ specified;(ii)

+ The aggregate

+ dollar value of the anticipated award;(iii)

+ The geographical

+ dispersion of the contract performance sites; or(iv)

+ Any combination

of the factors described in paragraphs (1)(i), (ii), and (iii) of

− this definition.(2) "Separate

+ this definition.(2)

+ "Separate

smaller contract" as used in this definition, means a contract that

has been performed by one or more small business concerns or that

or an entire business organization that is not divided into segments.

Certified cost or pricing data

− Certified cost or pricing data means "cost

− or pricing data" that were required to be submitted in accordance

− with FAR 15.403-4 and 15.403-5 and have been

− certified, or is required to be certified, in accordance with 15.406-2. This certification

− states that, to the best of the person’s knowledge and belief, the

− cost or pricing data is accurate, complete, and current as of a

− date certain before contract award. Cost or pricing data is required

− to be certified in certain procurements (10 U.S.C. 2306a and 41 U.S.C. chapter 35).

+ Certified cost or pricing data means "cost or pricing data" that were required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accordance with 15.406-2. This certification states that, to the best of the person’s knowledge and belief, the cost or pricing data is accurate, complete, and current as of a date certain before contract award. Cost or pricing data is required to be certified in certain procurements (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).

Certified cost or pricing datas

− Certified cost or pricing data means "cost

− or pricing data" that were required to be submitted in accordance

− with FAR 15.403-4 and 15.403-5 and have been

− certified, or is required to be certified, in accordance with 15.406-2. This certification

− states that, to the best of the person’s knowledge and belief, the

− cost or pricing data is accurate, complete, and current as of a

− date certain before contract award. Cost or pricing data is required

− to be certified in certain procurements (10 U.S.C. 2306a and 41 U.S.C. chapter 35).

+ Certified cost or pricing data means "cost or pricing data" that were required to be submitted in accordance with FAR 15.403-4 and 15.403-5 and have been certified, or is required to be certified, in accordance with 15.406-2. This certification states that, to the best of the person’s knowledge and belief, the cost or pricing data is accurate, complete, and current as of a date certain before contract award. Cost or pricing data is required to be certified in certain procurements (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).

Change-of-name agreement

Change-of-name agreement means a legal instrument

information means any knowledge that can be communicated or

any documentary material, regardless of its physical form or characteristics,

− that—(1)(i) Is owned by,

+ that—(1)(i)

+ Is owned by,

is produced by or for, or is under the control of the United States

− Government; or(ii) Has been

+ Government; or(ii)

+ Has been

classified by the Department of Energy as privately generated restricted

data following the procedures in 10 CFR

− 1045.21; and(2) Must be

+ 1045.21; and(2)

+ Must be

protected against unauthorized disclosure according to Executive

Order12958, Classified National Security Information, April 7,1995,

information means any knowledge that can be communicated or

any documentary material, regardless of its physical form or characteristics,

− that—(1)(i) Is owned by,

+ that—(1)(i)

+ Is owned by,

is produced by or for, or is under the control of the United States

− Government; or(ii) Has been

+ Government; or(ii)

+ Has been

classified by the Department of Energy as privately generated restricted

data following the procedures in 10 CFR

− 1045.21; and(2) Must be

+ 1045.21; and(2)

+ Must be

protected against unauthorized disclosure according to Executive

Order12958, Classified National Security Information, April 7,1995,

command established in accordance with 10 U.S.C. 161.

Commercial and Government Entity (CAGE) code

− Commercial and Government Entity (CAGE) code means— (1) An identifier

+ Commercial and Government Entity (CAGE) code means— (1)

+ An identifier

assigned to entities located in the United States or its outlying

areas by the Defense Logistics Agency (DLA) Commercial and Government

Entity (CAGE) Branch to identify a commercial or government entity

− by unique location; or(2) An identifier

+ by unique location; or(2)

+ An identifier

assigned by a member of the North Atlantic Treaty Organization (NATO)

or by the NATO Support and Procurement Agency (NSPA) to entities

(NCAGE) code.

CAGE

− Commercial and Government Entity (CAGE) code means— (1) An identifier

+ Commercial and Government Entity (CAGE) code means— (1)

+ An identifier

assigned to entities located in the United States or its outlying

areas by the Defense Logistics Agency (DLA) Commercial and Government

Entity (CAGE) Branch to identify a commercial or government entity

− by unique location; or(2) An identifier

+ by unique location; or(2)

+ An identifier

assigned by a member of the North Atlantic Treaty Organization (NATO)

or by the NATO Support and Procurement Agency (NSPA) to entities

(NCAGE) code.

Commercial and Government Entity code

− Commercial and Government Entity (CAGE) code means— (1) An identifier

+ Commercial and Government Entity (CAGE) code means— (1)

+ An identifier

assigned to entities located in the United States or its outlying

areas by the Defense Logistics Agency (DLA) Commercial and Government

Entity (CAGE) Branch to identify a commercial or government entity

− by unique location; or(2) An identifier

+ by unique location; or(2)

+ An identifier

assigned by a member of the North Atlantic Treaty Organization (NATO)

or by the NATO Support and Procurement Agency (NSPA) to entities

(NCAGE) code.

Commercial and Government Entity codes

− Commercial and Government Entity (CAGE) code means— (1) An identifier

+ Commercial and Government Entity (CAGE) code means— (1)

+ An identifier

assigned to entities located in the United States or its outlying

areas by the Defense Logistics Agency (DLA) Commercial and Government

Entity (CAGE) Branch to identify a commercial or government entity

− by unique location; or(2) An identifier

+ by unique location; or(2)

+ An identifier

assigned by a member of the North Atlantic Treaty Organization (NATO)

or by the NATO Support and Procurement Agency (NSPA) to entities

product

Commercial

− product means— (1) A product, other than real property,

+ product means— (1)

+ A product, other than real property,

that is of a type customarily used by the general public or by nongovernmental entities

− for purposes other than governmental purposes, and–(i) Has

− been sold, leased, or licensed to the general public; or(ii) Has been

− offered for sale, lease, or license to the general public;(2) A product

+ for purposes other than governmental purposes, and–(i)

+ Has

+ been sold, leased, or licensed to the general public; or(ii)

+ Has been

+ offered for sale, lease, or license to the general public;(2)

+ A product

that evolved from a product described in paragraph (1) of this definition

through advances in technology or performance and that is not yet

available in the commercial marketplace, but will be available in

the commercial marketplace in time to satisfy the delivery requirements

− under a Government solicitation;(3) A product

+ under a Government solicitation;(3)

+ A product

that would satisfy a criterion expressed in paragraph (1) or (2)

− of this definition, except for-(i) Modifications

− of a type customarily available in the commercial marketplace; or(ii) Minor modifications

+ of this definition, except for-(i)

+ Modifications

+ of a type customarily available in the commercial marketplace; or(ii)

+ Minor modifications

of a type not customarily available in the commercial marketplace

made to meet Federal Government requirements. “Minor modifications”

size of the modification and the comparative value and size of the

final product. Dollar values and percentages may be used as guideposts,

− but are not conclusive evidence that a modification is minor;(4) Any combination

+ but are not conclusive evidence that a modification is minor;(4)

+ Any combination

of products meeting the requirements of paragraph (1), (2), or (3)

of this definition that are of a type customarily combined and sold

− in combination to the general public;(5) A product,

+ in combination to the general public;(5)

+ A product,

or combination of products, referred to in paragraphs (1) through

(4) of this definition, even though the product, or combination

of products, is transferred between or among separate divisions,

− subsidiaries, or affiliates of a contractor; or(6)A nondevelopmental

+ subsidiaries, or affiliates of a contractor; or(6)

+ A nondevelopmental

item, if the procuring agency determines the product was developed

exclusively at private expense and sold in substantial quantities,

products

Commercial

− product means— (1) A product, other than real property,

+ product means— (1)

+ A product, other than real property,

that is of a type customarily used by the general public or by nongovernmental entities

− for purposes other than governmental purposes, and–(i) Has

− been sold, leased, or licensed to the general public; or(ii) Has been

− offered for sale, lease, or license to the general public;(2) A product

+ for purposes other than governmental purposes, and–(i)

+ Has

+ been sold, leased, or licensed to the general public; or(ii)

+ Has been

+ offered for sale, lease, or license to the general public;(2)

+ A product

that evolved from a product described in paragraph (1) of this definition

through advances in technology or performance and that is not yet

available in the commercial marketplace, but will be available in

the commercial marketplace in time to satisfy the delivery requirements

− under a Government solicitation;(3) A product

+ under a Government solicitation;(3)

+ A product

that would satisfy a criterion expressed in paragraph (1) or (2)

− of this definition, except for-(i) Modifications

− of a type customarily available in the commercial marketplace; or(ii) Minor modifications

+ of this definition, except for-(i)

+ Modifications

+ of a type customarily available in the commercial marketplace; or(ii)

+ Minor modifications

of a type not customarily available in the commercial marketplace

made to meet Federal Government requirements. “Minor modifications”

size of the modification and the comparative value and size of the

final product. Dollar values and percentages may be used as guideposts,

− but are not conclusive evidence that a modification is minor;(4) Any combination

+ but are not conclusive evidence that a modification is minor;(4)

+ Any combination

of products meeting the requirements of paragraph (1), (2), or (3)

of this definition that are of a type customarily combined and sold

− in combination to the general public;(5) A product,

+ in combination to the general public;(5)

+ A product,

or combination of products, referred to in paragraphs (1) through

(4) of this definition, even though the product, or combination

of products, is transferred between or among separate divisions,

− subsidiaries, or affiliates of a contractor; or(6)A nondevelopmental

+ subsidiaries, or affiliates of a contractor; or(6)

+ A nondevelopmental

item, if the procuring agency determines the product was developed

exclusively at private expense and sold in substantial quantities,

service

Commercial

− service means— (1)Installation

+ service means— (1)

+ Installation

services, maintenance services, repair services, training services,

− and other services if–(i)Such services are procured for

+ and other services if–(i)

+ Such services are procured for

support of a commercial product as defined in this section, regardless

of whether such services are provided by the same source or at the

− same time as the commercial product; and(ii)The source

+ same time as the commercial product; and(ii)

+ The source

of such services provides similar services contemporaneously to

the general public under terms and conditions similar to those offered

− to the Federal Government;(2)Services

+ to the Federal Government;(2)

+ Services

of a type offered and sold competitively in substantial quantities

in the commercial marketplace based on established catalog or market

A

A

− 52.204-2_Alternate I

+ 52.204-2 I

4.404(a)

Apr 1984

A

A

− 52.204-2_Alternate II

+ 52.204-2 II

4.404(a)

Apr 1984

A

A

− 52.204-7_Alternate I

+ 52.204-7 I

4.1105(a)(2)

Oct 2018

A

A

− 52.204-8_Alternate I

+ 52.204-8 I

4.1202(a)

Mar 2023

A

A

− 52.204-30_Alternate I

+ 52.204-30 I

4.2306(c)

Dec 2023

A

A

− 52.204-30_Alternate II

+ 52.204-30 II

4.2306(c)(2)(ii)

Dec 2023

A

A

− 52.209-3_Alternate I

+ 52.209-3 I

9.308-1(a)(2)

Jan 1997

A

A

− 52.209-3_Alternate II

+ 52.209-3 II

9.308-1(a)(3)

Sept 1989

A

A

− 52.209-4_Alternate I

+ 52.209-4 I

9.308-2

Jan 1997

A

A

− 52.209-4_Alternate II

+ 52.209-4 II

9.308-2

Sept 1989

O

O

− 52.211-8_Alternate I

+ 52.211-8 I

11.404(a)(2)

Apr 1984

O

O

− 52.211-8_Alternate II

+ 52.211-8 II

11.404(a)(2)

Apr 1984

O

O

− 52.211-8_Alternate III

+ 52.211-8 III

11.404(a)(2)

Apr 1984

O

O

− 52.211-9_Alternate I

+ 52.211-9 I

11.404(a)(3)

Apr 1984

O

O

− 52.211-9_Alternate II

+ 52.211-9 II

11.404(a)(3)

Apr 1984

O

O

− 52.211-9_Alternate III

+ 52.211-9 III

11.404(a)(3)

Apr 1984

F

R

− 52.211-10_Alternate I

+ 52.211-10 I

11.404(b)

Apr 1984

A

R

− 52.212-3_Alternate I

+ 52.212-3 I

12.301

Feb 2024

A

R

− 52.212-4_Alternate I

+ 52.212-4 I

12.301(b)(3)

Nov 2021

A

R

− 52.212-5_Alternate I

+ 52.212-5 I

12.301

Feb 2000

A

R

− 52.212-5_Alternate II

+ 52.212-5 II

12.301

Nov 2024

A

A

− 52.214-20_Alternate I

+ 52.214-20 I

14.201-6

May 2002

A

A

− 52.214-20_Alternate II

+ 52.214-20 II

14.201-6

May 2002

A

A

− 52.214-21_Alternate I

+ 52.214-21 I

14.201-6

Jan 2017

A

A

− 52.214-26_Alternate I

+ 52.214-26 I

14.201-7

Mar 2009

A

A

− 52.214-28_Alternate I

+ 52.214-28 I

14.201-7(c)(1)(ii)

Aug 2020

A

A

− 52.215-1_Alternate I

+ 52.215-1 I

15.209

Oct 1997

A

A

− 52.215-1_Alternate II

+ 52.215-1 II

15.209

Oct 1997

A

A

− 52.215-2_Alternate I

+ 52.215-2 I

15.209

Mar 2009

A

A

− 52.215-2_Alternate II

+ 52.215-2 II

15.209

Aug 2016

A

A

− 52.215-2_Alternate III

+ 52.215-2 III

15.209

June 1999

A

A

− 52.215-9_Alternate I

+ 52.215-9 I

15.408

Oct 2010

A

A

− 52.215-9_Alternate II

+ 52.215-9 II

15.408

Oct 2010

A

A

− 52.215-12_Alternate I

+ 52.215-12 I

15.408

Aug 2020

A

A

− 52.215-13_Alternate I

+ 52.215-13 I

15.408

Aug 2020

A

A

− 52.215-14_Alternate I

+ 52.215-14 I

15.408

Oct 1997

O

O

− 52.215-20_Alternate I

+ 52.215-20 I

15.408

Oct 2010

O

O

− 52.215-20_Alternate II

+ 52.215-20 II

15.408

Oct 1997

O

O

− 52.215-20_Alternate III

+ 52.215-20 III

15.408

Oct 1997

O

O

− 52.215-20_Alternate IV

+ 52.215-20 IV

15.408

Oct 2010

O

O

− 52.215-21_Alternate I

+ 52.215-21 I

15.408

Oct 2010

O

O

− 52.215-21_Alternate II

+ 52.215-21 II

15.408

Oct 1997

O

O

− 52.215-21_Alternate III

+ 52.215-21 III

15.408

Oct 1997

O

O

− 52.215-21_Alternate IV

+ 52.215-21 IV

15.408

Oct 2010

A

A

− 52.215-23_Alternate I

+ 52.215-23 I

15.408

Oct 2009

A

A

− 52.216-7_Alternate I

+ 52.216-7 I

16.307

Feb 1997

A

A

− 52.216-7_Alternate II

+ 52.216-7 II

16.307

Aug 2012

A

A

− 52.216-7_Alternate III

+ 52.216-7 III

16.307

Aug 2012

A

A

− 52.216-7_Alternate IV

+ 52.216-7 IV

16.307

Aug 2012

A

A

− 52.216-11_Alternate I

+ 52.216-11 I

16.307(e)

Apr 1984

A

A

− 52.216-12_Alternate I

+ 52.216-12 I

16.307(f)

Apr 1984

A

A

− 52.216-16_Alternate I

+ 52.216-16 I

16.406

Apr 1984

A

A

− 52.216-17_Alternate I

+ 52.216-17 I

16.406

Apr 1984

I

A

− 52.216-21_Alternate I

+ 52.216-21 I

16.506(d)

Apr 1984

I

A

− 52.216-21_Alternate II

+ 52.216-21 II

16.506(d)

Apr 1984

I

A

− 52.216-21_Alternate III

+ 52.216-21 III

16.506(d)

Oct 1995

I

A

− 52.216-21_Alternate IV

+ 52.216-21 IV

16.506(d)

Oct 1995

R

R

− 52.216-25_Alternate I

+ 52.216-25 I

16.603-4(b)(3)

Apr 1984

G

A

− 52.216-32_Alternate I

+ 52.216-32 I

16.506

Sept 2019

A

A

− 52.219-1_Alternate I

+ 52.219-1 I

19.309

Feb 2024

A

A

− 52.219-1_Alternate II

+ 52.219-1 II

19.309

Mar 2023

A

A

− 52.219-6_Alternate I

+ 52.219-6 I

19.507

Mar 2020

A

A

− 52.219-7_Alternate I

+ 52.219-7 I

19.507

Mar 2020

A

A

− 52.219-9_Alternate I

+ 52.219-9 I

19.708

Nov 2016

A

A

− 52.219-9_Alternate II

+ 52.219-9 II

19.708

Nov 2016

A

A

− 52.219-9_Alternate III

+ 52.219-9 III

19.708

Jun 2020

52.219-26 [Reserved]

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.

− 52.219-28 Post-Award Small Business Program Rerepresentation.

+ 52.219-28 Postaward Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

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.

territory of the United States means the 50 States, the District

of Columbia, and Puerto Rico.

+ Covered territory business,

+ Covered territory business, as defined at 15 U.S.C. 632(ff) and 13 CFR 125.1, means a small business concern that has its principal office located in the United States Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

+ Covered territory business,s

+ Covered territory business, as defined at 15 U.S.C. 632(ff) and 13 CFR 125.1, means a small business concern that has its principal office located in the United States Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

Data

other than certified cost or pricing data

calendar day.

Debarment

− Debarment means action

− taken by a debarring official under 9.406 to

− exclude a contractor from Government contracting and Government-approved

− subcontracting for a reasonable, specified period; a contractor

− that is excluded is "debarred."

+ Debarment means action taken by a suspending and debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is “debarred” is excluded.

Debarments

− Debarment means action

− taken by a debarring official under 9.406 to

− exclude a contractor from Government contracting and Government-approved

− subcontracting for a reasonable, specified period; a contractor

− that is excluded is "debarred."

+ Debarment means action taken by a suspending and debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is “debarred” is excluded.

Delivery

order

of Energy Federal Energy Management Program.

Energy savings performance contract

− Energy savings performance contract, pursuant to 42 U.S.C. 8287 and 10 CFR 436.31, means a contract that requires the contractor to— (1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;(2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and(3) Guarantee future energy and cost savings to the Government.

+ Energy savings performance contract, pursuant to 42 U.S.C. 8287 and 10 CFR 436.31, means a contract that requires the contractor to— (1)

+ Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;(2)

+ Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and(3)

+ Guarantee future energy and cost savings to the Government.

Energy savings performance contracts

− Energy savings performance contract, pursuant to 42 U.S.C. 8287 and 10 CFR 436.31, means a contract that requires the contractor to— (1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;(2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and(3) Guarantee future energy and cost savings to the Government.

+ Energy savings performance contract, pursuant to 42 U.S.C. 8287 and 10 CFR 436.31, means a contract that requires the contractor to— (1)

+ Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;(2)

+ Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and(3)

+ Guarantee future energy and cost savings to the Government.

Environmentally preferable

Environmentally preferable means, in the case of a product or service, having a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. (Section 314 of Pub. L. 107-314, 10 U.S.C. chapter 223 note)

a contractor that meets the standards in 9.104.

Reverse auction

− Reverse auctionmeans the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction.

+ Reverse auction

+ means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction.

Reverse auctions

− Reverse auctionmeans the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction.

+ Reverse auction

+ means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction.

Scrap

Scrap means

protégé is small and the concerns have received an exception to

affiliation pursuant to 13 CFR 121.103(h)(3)(ii)

− or (iii).(ii)For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and(3)

+ or (iii).(ii)

+ For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and

+ (3)

See 13

CFR 121.103(b)(9) regarding the exception to affiliation for offers

protégé is small and the concerns have received an exception to

affiliation pursuant to 13 CFR 121.103(h)(3)(ii)

− or (iii).(ii)For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and(3)

+ or (iii).(ii)

+ For DoD, may include two business concerns in a mentor-protégé relationship in the DoD Mentor-Protégé Program (see 10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and

+ (3)

See 13

CFR 121.103(b)(9) regarding the exception to affiliation for offers

the General Services Administration (GSA). (See 41

CFR 102-36.40).

+ Suspending and debarring official

+ Suspending and debarring official means—(1)An agency head; or(2)A designee authorized by the agency head to impose a suspension and/or a debarment.

+ Suspending and debarring officials

+ Suspending and debarring official means—(1)An agency head; or(2)A designee authorized by the agency head to impose a suspension and/or a debarment.

Suspension

− Suspension means action

− taken by a suspending official under 9.407 to

− disqualify a contractor temporarily from Government contracting

− and Government-approved subcontracting; a contractor that is disqualified

− is "suspended."

+ Suspension means action taken by a suspending and debarring official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is “suspended” is disqualified.

Suspensions

− Suspension means action

− taken by a suspending official under 9.407 to

− disqualify a contractor temporarily from Government contracting

− and Government-approved subcontracting; a contractor that is disqualified

− is "suspended."

+ Suspension means action taken by a suspending and debarring official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is “suspended” is disqualified.

Sustainable acquisition

− Sustainable acquisition means acquiring products and services in order to create and maintain conditions-(1) Under which humans and nature can exist in productive harmony; and(2) That permit fulfilling the social, economic, and other requirements of present and future generations.

+ Sustainable acquisition means acquiring products and services in order to create and maintain conditions-(1)

+ Under which humans and nature can exist in productive harmony; and(2)

+ That permit fulfilling the social, economic, and other requirements of present and future generations.

Sustainable acquisitions

− Sustainable acquisition means acquiring products and services in order to create and maintain conditions-(1) Under which humans and nature can exist in productive harmony; and(2) That permit fulfilling the social, economic, and other requirements of present and future generations.

+ Sustainable acquisition means acquiring products and services in order to create and maintain conditions-(1)

+ Under which humans and nature can exist in productive harmony; and(2)

+ That permit fulfilling the social, economic, and other requirements of present and future generations.

Sustainable products and services

− Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing: (1)Statutory purchasing programs. (i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products). (ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/​eere/​femp/​search-energy-efficient-products and https://www.energystar.gov/​products?​s=​mega). (iii) Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) ( https://www.biopreferred.gov). (iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap). (2)Required EPA purchasing programs.(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/​watersense/​watersense-products). (ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/​saferchoice/​products). (iii) Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing).

+ Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing: (1)Statutory purchasing programs. (i)

+ Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products). (ii)

+ Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/​eere/​femp/​search-energy-efficient-products and https://www.energystar.gov/​products?​s=​mega). (iii)

+ Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) ( https://www.biopreferred.gov). (iv)

+ Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap). (2)Required EPA purchasing programs.(i)

+ WaterSense® labeled (water efficient) products and services (https://www.epa.gov/​watersense/​watersense-products). (ii)

+ Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/​saferchoice/​products). (iii)

+ Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing).

Sustainable products and serviceses

− Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing: (1)Statutory purchasing programs. (i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products). (ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/​eere/​femp/​search-energy-efficient-products and https://www.energystar.gov/​products?​s=​mega). (iii) Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) ( https://www.biopreferred.gov). (iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap). (2)Required EPA purchasing programs.(i) WaterSense® labeled (water efficient) products and services (https://www.epa.gov/​watersense/​watersense-products). (ii) Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/​saferchoice/​products). (iii) Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing).

+ Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing: (1)Statutory purchasing programs. (i)

+ Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products). (ii)

+ Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/​eere/​femp/​search-energy-efficient-products and https://www.energystar.gov/​products?​s=​mega). (iii)

+ Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) ( https://www.biopreferred.gov). (iv)

+ Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap). (2)Required EPA purchasing programs.(i)

+ WaterSense® labeled (water efficient) products and services (https://www.epa.gov/​watersense/​watersense-products). (ii)

+ Safer Choice-certified products (products that contain safer chemical ingredients) (https://www.epa.gov/​saferchoice/​products). (iii)

+ Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing).

System

for Award Management (SAM)

For use

in subpart 22.19,

− see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.102. (10)

+ see the definition at 22.1901.(9)

+ For use in subpart 23.1, see the definition at 23.101. (10)

For use

in part 25, see the definition

For use

in subpart 22.19,

− see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.102. (10)

+ see the definition at 22.1901.(9)

+ For use in subpart 23.1, see the definition at 23.101. (10)

For use

in part 25, see the definition

Approvals

Approval, as used in this subpart, means the contracting officer’s written notification to the contractor accepting the test results of the first article.

+ Administrative agreement

+ Administrative agreementmeans an agreement between an agency suspending and debarring official and the contractor used to resolve a suspension or debarment proceeding, or a potential suspension or debarment proceeding.

+ Administrative agreements

+ Administrative agreementmeans an agreement between an agency suspending and debarring official and the contractor used to resolve a suspension or debarment proceeding, or a potential suspension or debarment proceeding.

Affiliates.

− Affiliates.–(1) Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly–(i) Either one controls or has the power to control the other; or(ii) A third party controls or has the power to control both.(2) Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

+ Affiliates.–(1)

+ Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly–(i)

+ Either one controls or has the power to control the other; or(ii)

+ A third party controls or has the power to control both.(2)

+ Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

Affiliates.s

− Affiliates.–(1) Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly–(i) Either one controls or has the power to control the other; or(ii) A third party controls or has the power to control both.(2) Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

+ Affiliates.–(1)

+ Business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly–(i)

+ Either one controls or has the power to control the other; or(ii)

+ A third party controls or has the power to control both.(2)

+ Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment.

Agency

Agency means any executive department, military department or defense agency, or other agency or independent establishment of the executive branch.

Agency means any executive department, military department or defense agency, or other agency or independent establishment of the executive branch.

Civil judgment

− Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction.

+ Civil judgmentmeans the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition that creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812).

Civil judgments

− Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction.

+ Civil judgmentmeans the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition that creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812).

+ Conviction

+ Convictionmeans—(1) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or(2) Any other resolution that is the functional equivalent of a judgment establishing a criminal offense by a court of competent jurisdiction, including probation before judgment and deferred prosecution. A disposition without the participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt.

+ Convictions

+ Convictionmeans—(1) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or(2) Any other resolution that is the functional equivalent of a judgment establishing a criminal offense by a court of competent jurisdiction, including probation before judgment and deferred prosecution. A disposition without the participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt.

Contractor

− Contractor means any individual or other legal entity that–(1) Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or(2) Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor.

+ Contractor means any individual or other legal entity that–(1)

+ Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or(2)

+ Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor.

Contractors

− Contractor means any individual or other legal entity that–(1) Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or(2) Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor.

+ Contractor means any individual or other legal entity that–(1)

+ Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or(2)

+ Conducts business, or reasonably may be expected to conduct business, with the Government as an agent or representative of another contractor.

Debarring official

− Debarring official means–(1) An agency head; or(2) A designee authorized by the agency head to impose debarment.

+ Debarring official means–(1)

+ An agency head; or(2)

+ A designee authorized by the agency head to impose debarment.

Debarring officials

− Debarring official means–(1) An agency head; or(2) A designee authorized by the agency head to impose debarment.

+ Debarring official means–(1)

+ An agency head; or(2)

+ A designee authorized by the agency head to impose debarment.

Indictment

Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense is given the same effect as an indictment.

Legal proceedings means any civil judicial proceeding to which the Government is a party or any criminal proceeding. The term includes appeals from such proceedings.

Nonprocurement Common Rule

− Nonprocurement Common Rule means the procedures used by Federal Executive Agencies to suspend, debar, or exclude individuals or entities from participation in nonprocurement transactions under Executive Order 12549. Examples of nonprocurement transactions are grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, and donation agreements.

+ Nonprocurement Common Rule means the procedures used by Federal Executive Agencies to suspend, debar, or exclude individuals or entities from participation in nonprocurement transactions under Executive Order 12549. Examples of nonprocurement transactions are grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, and donation agreements. See 2 CFR part 180 and agency enacting regulations in 2 CFR subtitle B.

Nonprocurement Common Rules

− Nonprocurement Common Rule means the procedures used by Federal Executive Agencies to suspend, debar, or exclude individuals or entities from participation in nonprocurement transactions under Executive Order 12549. Examples of nonprocurement transactions are grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, and donation agreements.

− Suspending official

− Suspending official means–(1) An agency head; or(2) A designee authorized by the agency head to impose debarment.

− Suspending officials

− Suspending official means–(1) An agency head; or(2) A designee authorized by the agency head to impose debarment.

+ Nonprocurement Common Rule means the procedures used by Federal Executive Agencies to suspend, debar, or exclude individuals or entities from participation in nonprocurement transactions under Executive Order 12549. Examples of nonprocurement transactions are grants, cooperative agreements, scholarships, fellowships, contracts of assistance, loans, loan guarantees, subsidies, insurance, payments for specified use, and donation agreements. See 2 CFR part 180 and agency enacting regulations in 2 CFR subtitle B.

+ Pre-notice letter

+ Pre-notice lettermeans a written correspondence issued to a contractor in a suspension or debarment matter, which does not immediately result in an exclusion or ineligibility. The letter is issued at the discretion of the suspending and debarring official. The letter is not a mandatory step in the suspension or debarment process.

+ Pre-notice letters

+ Pre-notice lettermeans a written correspondence issued to a contractor in a suspension or debarment matter, which does not immediately result in an exclusion or ineligibility. The letter is issued at the discretion of the suspending and debarring official. The letter is not a mandatory step in the suspension or debarment process.

Unfair trade practices

Unfair trade practices means the commission of any or the following acts by a contractor–(1) A violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) as determined by the International Trade Commission.(2) A violation, as determined by the Secretary of Commerce, of any agreement of the group known as the "Coordination Committee" for purposes of the Export Administration Act of 1979 (50 U.S.C. App. 2401, et seq.) or any similar bilateral or multilateral export control agreement.(3) A knowingly false statement regarding a material element of a certification concerning the foreign content of an item of supply, as determined by the Secretary of the Department or the head of the agency to which such certificate was furnished.

Unfair trade practiceses

Unfair trade practices means the commission of any or the following acts by a contractor–(1) A violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) as determined by the International Trade Commission.(2) A violation, as determined by the Secretary of Commerce, of any agreement of the group known as the "Coordination Committee" for purposes of the Export Administration Act of 1979 (50 U.S.C. App. 2401, et seq.) or any similar bilateral or multilateral export control agreement.(3) A knowingly false statement regarding a material element of a certification concerning the foreign content of an item of supply, as determined by the Secretary of the Department or the head of the agency to which such certificate was furnished.

+ Voluntary exclusion

+ Voluntary exclusionmeans a contractor's written agreement to be excluded for a period under the terms of a settlement between the contractor and the suspending and debarring official of one or more agencies. A voluntary exclusion must have Governmentwide effect.

+ Voluntary exclusions

+ Voluntary exclusionmeans a contractor's written agreement to be excluded for a period under the terms of a settlement between the contractor and the suspending and debarring official of one or more agencies. A voluntary exclusion must have Governmentwide effect.

Marketing consultant

Marketing consultant, as used in this subpart, means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering-(1) Services excluded in subpart 37.2;(2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities);(3) Routine legal, actuarial, auditing, and accounting services; and(4) Training services.

National security systems

National security system means any telecommunications or information system operated by the United States Government, the function, operation, or use of which-(1) Involves intelligence activities;(2) Involves cryptologic activities related to national security;(3) Involves command and control of military forces;(4) Involves equipment that is an integral part of a weapon or weapons system; or(5) Is critical to the direct fulfillment of military or intelligence missions. This does not include a system that is to be used for routine administrative and business applications, such as payroll, finance, logistics, and personnel management applications.

+ American Security Drone Act-covered foreign entity

+ American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ American Security Drone Act-covered foreign entities

+ American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ FASC-prohibited unmanned aircraft system

+ FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

+ FASC-prohibited unmanned aircraft systems

+ FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

+ Unmanned aircraft

+ Unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

+ Unmanned aircrafts

+ Unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

+ Unmanned aircraft system

+ Unmanned aircraft systemmeans an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

+ Unmanned aircraft systems

+ Unmanned aircraft systemmeans an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

Areawide contract

Areawide contract means a contract entered into between the General Services Administration (GSA) and a utility service supplier to cover utility service needs of Federal agencies within the franchise territory of the supplier. Each areawide contract includes an "Authorization" form for requesting service, connection, disconnection, or change in service.

in the United States and a place outside the United States or between

two places both of which are outside the United States.

− U.S.-flag

− air carrier

− U.S.-flag

− air carrier means an air carrier holding a certificate under

− section 401 of the Federal Aviation Act of1958 (49 U.S.C. 41102).

− U.S.-flag

− air carriers

− U.S.-flag

− air carrier means an air carrier holding a certificate under

− section 401 of the Federal Aviation Act of1958 (49 U.S.C. 41102).

+ U.S.-flag air carrier

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under (49 U.S.C. 41102).

+ U.S.-flag air carriers

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under (49 U.S.C. 41102).

Dry bulk carrier

Dry bulk carrier means a vessel used primarily for the carriage of shipload lots of homogeneous unmarked nonliquid cargoes such as grain, coal, cement, and lumber.

Uncompensated overtimes

Uncompensated overtime means the hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be included in the normal work week for purposes of computing uncompensated overtime hours.

+ American Security Drone Act-covered foreign entity

+ American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ American Security Drone Act-covered foreign entities

+ American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

+ FASC-prohibited unmanned aircraft system

+ FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

+ FASC-prohibited unmanned aircraft systems

+ FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

+ Unmanned aircraft

+ Unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

+ Unmanned aircrafts

+ Unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

+ Unmanned aircraft system

+ Unmanned aircraft systemmeans an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

+ Unmanned aircraft systems

+ Unmanned aircraft systemmeans an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

Definition. Proposal

(a)Definition.Proposal,

United Stateses

United States means the 50 States, the District of Columbia, and outlying areas.

+ U.S.-flag air carrier

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102.

+ U.S.-flag air carriers

+ U.S.-flag air carrier

+ means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102.

+ Human trafficking

+ Human trafficking means “Severe forms of trafficking in persons” or “Sex trafficking.”

+ Human traffickings

+ Human trafficking means “Severe forms of trafficking in persons” or “Sex trafficking.”

+ Severe forms of trafficking in persons

+ Severe forms of trafficking in persons means—(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

+ Severe forms of trafficking in personses

+ Severe forms of trafficking in persons means—(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

+ Sex trafficking

+ Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

+ Sex traffickings

+ Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Acquisition savings

Acquisition savings, as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor’s allowable development and implementation costs;(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and(3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.

territory of the United States means the 50 States, the District

of Columbia, and Puerto Rico.

+ Covered territory business, as defined at 15 U.S.C. 632(ff) and 13 CFR 125.1, means a small business concern that has its principal office located in the United States Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

Data

other than certified cost or pricing data means pricing data,

Day means, unless otherwise specified, a

calendar day.

− Debarment means action

− taken by a debarring official under 9.406 to

− exclude a contractor from Government contracting and Government-approved

− subcontracting for a reasonable, specified period; a contractor

− that is excluded is "debarred."

+ Debarment means action taken by a suspending and debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is “debarred” is excluded.

Delivery

order means an order for supplies placed against an established

of Energy Federal Energy Management Program.

Energy savings performance contract, pursuant to 42 U.S.C. 8287 and 10 CFR 436.31, means a contract that requires the contractor to—

− (1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;

− (2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and

− (3) Guarantee future energy and cost savings to the Government.

+ (1)

+ Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations;

+ (2)

+ Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and

+ (3)

+ Guarantee future energy and cost savings to the Government.

Environmentally preferable means, in the case of a product or service, having a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. (Section 314 of Pub. L. 107-314, 10 U.S.C. chapter 223 note)

Excess personal property means any personal

the General Services Administration (GSA). (See 41

CFR 102-36.40).

− Suspension means action

− taken by a suspending official under 9.407 to

− disqualify a contractor temporarily from Government contracting

− and Government-approved subcontracting; a contractor that is disqualified

− is "suspended."

+ Suspending and debarring official means—

+ (1)

+ An agency head; or

+ (2)

+ A designee authorized by the agency head to impose a suspension and/or a debarment.

+ Suspension means action taken by a suspending and debarring official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is “suspended” is disqualified.

Sustainable acquisition means acquiring products and services in order to create and maintain conditions-

− (1) Under which humans and nature can exist in productive harmony; and

− (2) That permit fulfilling the social, economic, and other requirements of present and future generations.

+ (1)

+ Under which humans and nature can exist in productive harmony; and

+ (2)

+ That permit fulfilling the social, economic, and other requirements of present and future generations.

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1)

Statutory purchasing programs.

− (i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (

+ (i)

+ Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (

https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products

).

− (ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (

+ (ii)

+ Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (

https://www.energy.gov/​eere/​femp/​search-energy-efficient-products

and

https://www.energystar.gov/​products?​s=​mega

).

− (iii) Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (

+ (iii)

+ Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (

https://www.biopreferred.gov

).

− (iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap).

+ (iv)

+ Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/​snap).

(2)

Required EPA purchasing programs.

− (i) WaterSense® labeled (water efficient) products and services (

+ (i)

+ WaterSense® labeled (water efficient) products and services (

https://www.epa.gov/​watersense/​watersense-products

).

− (ii) Safer Choice-certified products (products that contain safer chemical ingredients) (

+ (ii)

+ Safer Choice-certified products (products that contain safer chemical ingredients) (

https://www.epa.gov/​saferchoice/​products

).

− (iii) Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (

+ (iii)

+ Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (

https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing

).

in subpart 22.19,

see the definition at 22.1901.

− (9) For use in subpart 23.1, see the definition at 23.101.

+ (9)

+ For use in subpart 23.1, see the definition at 23.101.

(10)

For use

(2)

Remove the exclusion roles in SAM when the individual leaves the organization or changes functions;

− (3)

− For each exclusion accomplished by the Agency–

+ (3) For each exclusion, including each voluntary exclusion, accomplished by the agency–

(i)

Enter the information required by paragraph (b) of this section within 3 working days after the action becomes effective;

(iii)

Update the exclusion record in SAM, generally within 5 working days after modifying or rescinding an action;

− (4)

− In accordance with internal retention procedures, maintain records relating to each debarment, suspension, or proposed debarment taken by the agency;

+ (4) In accordance with internal retention procedures, maintain records relating to each debarment, suspension, proposed debarment, or voluntary exclusion taken or entered into by the agency;

(5)

Establish procedures to ensure that the agency does not solicit offers from, award contracts to, or consent to subcontracts with contractors who have an active exclusion record in SAM, except as otherwise provided in this subpart;

into, renew, or extend contracts with contractors that have been

declared ineligible pursuant to 22 U.S.C. 2593e.

− (d)

− Contractors debarred,

− suspended, or proposed for debarment are excluded from acting as

− individual sureties (see part 28).

+ (d) Contractors debarred, suspended, proposed for debarment, or voluntarily excluded, are excluded from acting as individual sureties (see part 28).

(e)

(1)

reason(s) for doing business with the subcontractor notwithstanding

its having an active exclusion record in SAM; and

− (4) The systems

− and procedures the contractor has established to ensure that it

− is fully protecting the Government’s interests when dealing with

− such subcontractor in view of the specific basis for the party’s

− debarment, suspension, or proposed debarment.

+ (4) The systems and procedures the contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, proposed debarment, or voluntary exclusion.

(c) The contractor’s

compliance with the requirements of 52.209-6 will be reviewed

the Attorney General of the United States, that the contractor is

not in compliance with Immigration and Nationality Act employment

− provisions (see Executive Order12989, as amended by Executive Order13286).

+ provisions (see Executive Order 12989, as amended by Executive Order 13286).

Such determination is not reviewable in the debarment proceedings.

(c) A contractor

Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and the agency, by mutual agreement, waive the requirement for a transcript.

(c)

− Notice of proposal to debar. A notice of proposed debarment shall be issued by the debarring official advising the contractor and any specifically named affiliates, by certified mail, return receipt requested-

+ Notice of proposal to debar. A notice of proposed debarment shall be issued by the suspending and debarring official to the contractor and any specifically named affiliates.

(1)

− That debarment is being considered;

+ The written notice shall be sent—

+ (i)

+ By U.S. mail or private delivery service to the last known street address, with delivery notification service;

+ (ii)

+ By email to the point of contact email address in the contractor's SAM registration, if any, or to the last known email address as confirmed by the agency; or

+ (iii)

+ By certified mail to the last known street address with return receipt requested.

(2)

− Of the reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based;

+ The notice shall be sent—

+ (i)

+ To the contractor, the contractor's identified counsel for purposes of the administrative proceedings, or the contractor's agent for service of process; and

+ (ii)

+ For each specifically named affiliate, to the affiliate itself, the affiliate's identified counsel for purposes of the administrative proceedings, or the affiliate's agent for service of process.

(3)

− Of the cause(s) relied upon under 9.406-2 for proposing debarment;

− (4)

+ The notice shall state—

+ (i)

+ That debarment is being considered;

+ (ii)

+ The reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based;

+ (iii)

+ The cause(s) relied upon under 9.406-2 for proposing debarment;

+ (iv)

That, within 30 days after receipt of the notice, the contractor may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine dispute over the material facts;

− (5)

− Of the agency’s procedures governing debarment decisionmaking;

− (6)

− Of the effect of the issuance of the notice of proposed debarment; and

− (7)

− Of the potential effect of an actual debarment.

+ (v)

+ The agency's procedures governing debarment decision making;

+ (vi)

+ The effect of the issuance of the notice of proposed debarment;

+ (vii)

+ The potential effect of an actual debarment;

+ (viii)

+ That in addition to any information and argument in opposition to a proposed debarment, the contractor must identify—

+ (A)

+ Specific facts that contradict the statements contained in the notice of proposed debarment. Include any information about any of the factors listed in 9.406-1(a). A general denial is insufficient to raise a genuine dispute over facts material to the proposed debarment;

+ (B)

+ All existing, proposed, or prior exclusions and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies;

+ (C)

+ All criminal and civil proceedings not included in the notice of proposed debarment that grew out of facts relevant to the cause(s) stated in the notice; and

+ (D)

+ All of the contractor's affiliates; and

+ (ix)

+ That if the contractor fails to disclose the information in paragraph (c)(3)(viii) of this section, or provides false information, the agency taking the action may seek further criminal, civil, or administrative action against the contractor, as appropriate.

(d)

− Debarring official’s decision.

+ Suspending and debarring official’s decision.

(1)

− In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submission made by the contractor. If no suspension is in effect, the decision shall be made within 30 working days after receipt of any information and argument submitted by the contractor, unless the debarring official extends this period for good cause.

+ In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the suspending and debarring official shall make a decision on the basis of all the information in the administrative record, including any submission made by the contractor. If no suspension is in effect, the decision shall be made within 45 days from the date that the official administrative record is closed, unless the suspending and debarring official extends this period for good cause. The official record closes upon the expiration of the contractor's time to submit information and argument in opposition, including any extensions (see paragraph (b)(1) of this section).

(2)

− (i)

− In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. The debarring official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

+ (i) In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. The suspending and debarring official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

(ii)

− The debarring official may refer matters involving disputed material facts to another official for findings of fact. The debarring official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

+ The suspending and debarring official may refer matters involving disputed material facts to another official for findings of fact. The suspending and debarring official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

(iii)

− The debarring official’s decision shall be made after the conclusion of the proceedings with respect to disputed facts.

+ The suspending and debarring official's decision shall be made after the conclusion of the proceedings with respect to disputed facts.

(3)

In any action in which the proposed debarment is not based upon a conviction or civil judgment, the cause for debarment must be established by a preponderance of the evidence.

(e)

− Notice of debarring official’s decision.

+ Notice of suspending and debarring official's decision.

(1)

− If the debarring official decides to impose debarment, the contractor and any affiliates involved shall be given prompt notice by certified mail, return receipt requested-

+ If the suspending and debarring official decides to impose debarment, the contractor and any affiliates involved shall be given prompt notice using the procedures in paragraphs (c)(1) and (2) of this section—

(i)

Referring to the notice of proposed debarment;

(iii)

Stating the period of debarment, including effective dates; and

− (iv)

− Advising that the debarment is effective throughout the executive branch of the Government unless the head of an agency or a designee makes the statement called for by 9.406-1(c).

− (2)

− If debarment is not imposed, the debarring official shall promptly notify the contractor and any affiliates involved, by certified mail, return receipt requested.

+ (iv) Advising that the debarment is effective throughout the executive branch of the Government unless the head of an agency or a designee makes the statement called for by

+ 9.406-1(d).

+ (2) If debarment is not imposed, the suspending and debarring official shall promptly notify the contractor and any affiliates involved, using the procedures in paragraphs (c)(1) and (2) of this section.

(f)

+ Administrative agreements.

(1)

− If the contractor enters into an administrative agreement with the Government in order to resolve a debarment proceeding, the debarring official shall access the website (available at https://www.cpars.gov, then select FAPIIS) and enter the requested information.

+ If the contractor enters into an administrative agreement with the Government in order to resolve a debarment or potential debarment proceeding, the suspending and debarring official shall access the website (available at , then select FAPIIS), enter the requested information, and upload documentation reflecting the administrative agreement.

(2)

− The debarring official is responsible for the timely submission, within 3 working days, and accuracy of the documentation regarding the administrative agreement.

+ The suspending and debarring official is responsible for the timely and accurate submission of documentation reflecting the administrative agreement. The submission should be made within 3 working days.

(3)

− With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the debarring official shall follow the procedures at 9.105-2(b)(2)(iv).

+ With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending and debarring official shall follow the procedures at 9.105-2(b)(2)(iv).

+ (g)

+ Voluntary exclusions.

+ (1)

+ If the contractor enters into a voluntary exclusion with the Government in order to resolve a debarment or potential debarment matter, the suspending and debarring official shall access the website (available at ) and enter the requested information into the exclusions section of SAM (see 9.404(c)(3)).

+ (2)

+ The suspending and debarring official is responsible for the timely and accurate submission of documentation reflecting the voluntary exclusion. The submission should be made within 3 working days.

+ (3)

+ Regarding information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending and debarring official shall follow the procedures at 9.105-2(b)(2)(iv).

+ (h)

+ Pre-notice letters. Prior to initiating a proposed debarment, a pre-notice letter may be issued at the discretion of the agency suspending and debarring official. A pre-notice letter is not required to initiate debarment under this subpart. (See 9.403.)

(4) Elimination

of other causes for which the debarment was imposed; or

− (5) Other reasons

− the debarring official deems appropriate.

+ (5) Other reasons the the suspending and debarring official deems appropriate.

(e)

(1)

− When the suspending official has authority to suspend contractors from both acquisition contracts pursuant to this regulation and contracts for the purchase of Federal personal property pursuant to FPMR 101-45.6, that official shall consider simultaneously suspending the contractor from the award of acquisition contracts and from the purchase of Federal personal property.

− (2)

− When suspending a contractor from the award of acquisition contracts and from the purchase of Federal personal property, the suspension notice shall so indicate and the appropriate FAR and FPMR citations shall be included.

+ When the suspending and debarring official has authority to suspend contractors from both contracts pursuant to the Federal Acquisition Regulation in this chapter and contracts for the purchase of Federal personal property pursuant to Federal Management Regulation (FMR) in 41 CFR part 102-38, that official shall consider simultaneously suspending the contractor from the award of acquisition contracts and from the purchase of Federal personal property.

+ (2) When suspending a contractor from the award of acquisition contracts and from the purchase of Federal personal property, the suspension notice shall so indicate and the appropriate FAR and FMR citations shall be included.

for any of the causes in paragraph (a) of this section constitutes

adequate evidence for suspension.

− (c) The suspending

− official may upon adequate evidence also suspend a contractor for

− any other cause of so serious or compelling a nature that it affects

− the present responsibility of a Government contractor or subcontractor.

+ (c)

+ The suspending and debarring official may upon adequate evidence also suspend a contractor for any other cause of so serious or compelling a nature that it affects the present responsibility of a Government contractor or subcontractor.

Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contractor and the agency, by mutual agreement, waive the requirement for a transcript.

(c)

− Notice of suspension. When a contractor and any specifically named affiliates are suspended, they shall be immediately advised by certified mail, return receipt requested-

+ Notice of suspension. When a contractor and any specifically named affiliates are suspended, they shall be immediately advised using the procedures in 9.406-3(c)(1) and (2)—

(1)

That they have been suspended and that the suspension is based on an indictment or other adequate evidence that the contractor has committed irregularities–

(i)

− Of a serious nature in business dealings with the Government or

+ Of a serious nature in business dealings with the Government; or

(ii)

− Seriously reflecting on the propriety of further Government dealings with the contractor-any such irregularities shall be described in terms sufficient to place the contractor on notice without disclosing the Government’s evidence;

+ Seriously reflecting on the propriety of further Government dealings with the contractor—any such irregularities shall be described in terms sufficient to place the contractor on notice without disclosing the Government's evidence;

(2)

That the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue;

− (3)

− Of the cause(s) relied upon under 9.407-2 for imposing suspension;

+ (3) Of the cause(s) relied upon under 9.407-2 for imposing suspension;

(4)

Of the effect of the suspension;

− (5)

− That, within 30 days after receipt of the notice, the contractor may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension, including any additional specific information that raises a genuine dispute over the material facts; and

+ (5) That, within 30 days after receipt of the notice, the contractor may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension, including any additional specific information that raises a genuine dispute over the material facts;

(6)

− That additional proceedings to determine disputed material facts will be conducted unless-

+ That additional proceedings to determine disputed material facts will be conducted unless–

(i)

The action is based on an indictment; or

(ii)

− A determination is made, on the basis of Department of Justice advice, that the substantial interests of the Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced.

+ A determination is made, on the basis of advice by the Department of Justice, a U.S. Attorney's office, State attorney general's office, or a State or local prosecutor's office, that the substantial interests of the Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced;

+ (7)

+ That, in addition to any information and argument in opposition to a suspension, the contractor must identify–

+ (i)

+ Specific facts that contradict the statements contained in the notice of suspension. Include any information about any of the factors listed in 9.406-1(a). A general denial is insufficient to raise a genuine dispute over facts material to the suspension;

+ (ii)

+ All existing, proposed, or prior exclusions and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies;

+ (iii)

+ All criminal and civil proceedings not included in the notice of suspension that grew out of facts relevant to the cause(s) stated in the notice; and

+ (iv)

+ All of the contractor's affiliates; and

+ (8)

+ That if the contractor fails to disclose the information in paragraph (c)(7) of this section or provides false information, the agency taking the action may seek further criminal, civil, or administrative action against the contractor, as appropriate.

(d)

− Suspending official’s decision.

+ Suspending and debarring official’s decision.

(1)

− In actions—

+ The suspending and debarring official's decision shall be based on all the information in the administrative record, including any submission made by the contractor, for actions—

(i)

Based on an indictment;

(ii)

− In which the contractor’s submission does not raise a genuine dispute over material facts; or

+ In which the contractor's submission does not raise a genuine dispute over material facts; or

(iii)

− In which additional proceedings to determine disputed material facts have been denied on the basis of Department of Justice advice, the suspending official’s decision shall be based on all the information in the administrative record, including any submission made by the contractor.

+ In which additional proceedings to determine disputed material facts have been denied on the basis of advice from the Department of Justice, a U.S. Attorney's office, State attorney general's office, or a State or local prosecutor's office.

(2)

− (i)

− In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. The suspending official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

− (ii)

− The suspending official may refer matters involving disputed material facts to another official for findings of fact. The suspending official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

− (iii)

− The suspending official’s decision shall be made after the conclusion of the proceedings with respect to disputed facts.

+ (i) In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. The suspending and debarring official shall base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

+ (ii) Thesuspending and debarring official may refer matters involving disputed material facts to another official for findings of fact. The suspending and debarring official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

+ (iii) The suspending and debarring official's decision shall be made after the conclusion of the proceedings with respect to disputed facts.

(3)

− The suspending official may modify or terminate the suspension or leave it in force (for example, see 9.406-4(c) for the reasons for reducing the period or extent of debarment). However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of-

+ The suspending and debarring official may modify or terminate the suspension or leave it in force (for example, see 9.406-4(c) for the reasons for reducing the period or extent of debarment). However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of—

(i)

Suspension by any other agency; or

Debarment by any agency.

(4)

− Prompt written notice of the suspending official’s decision shall be sent to the contractor and any affiliates involved, by certified mail, return receipt requested.

+ Prompt written notice of the suspending and debarring official's decision shall be sent to the contractor and any affiliates involved, using the procedures in 9.406-3(c)(1) and (2).

(e)

+ Administrative agreement.

(1)

− If the contractor enters into an administrative agreement with the Government in order to resolve a suspension proceeding, the suspending official shall access the website (available at https://www.cpars.gov, then select FAPIIS) and enter the requested information.

+ If the contractor enters into an administrative agreement with the Government in order to resolve a suspension or potential suspension proceeding, the suspending and debarring official shall access the website (available at

+ https://www.cpars.gov, then select FAPIIS), enter the requested information, and upload documentation reflecting the administrative agreement.

(2)

− The suspending official is responsible for the timely submission, within 3 working days, and accuracy of the documentation regarding the administrative agreement.

+ The suspending and debarring official is responsible for the timely and accurate submission of documentation reflecting the administrative agreement. The submission should be made within 3 working days.

+ (3) With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending and debarring official shall follow the procedures at 9.105-2(b)(2)(iv).

+ (f)

+ Voluntary exclusion.

+ (1)

+ If the contractor enters into a voluntary exclusion with the Government in order to resolve a suspension or potential suspension proceeding, the suspending and debarring official shall access the website (available at ) and enter the requested information into the exclusions section of SAM (see 9.404(c)(3)).

+ (2)

+ The suspending and debarring official is responsible for the timely and accurate submission of documentation reflecting the voluntary exclusion. The submission should be made within 3 working days.

(3)

− With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending official shall follow the procedures at 9.105-2(b)(2)(iv).

+ Regarding information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending and debarring official shall follow the procedures at 9.105-2(b)(2)(iv).

+ (g)

+ Pre-notice letter. Prior to initiating a suspension, a pre-notice letter may be issued at the discretion of the agency suspending and debarring official. A pre-notice letter is not required to initiate suspension under this subpart. (See 9.403.)

Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter; or

(2)

− For the NAICS code assigned to an order under a multiple-award contract, if the contracting officer requires contractors to rerepresent their size and socioeconomic status for that order.

+ For the NAICS code assigned to an order (except for an order issued under a Federal Supply Schedule contract)—

+ (i)

+ Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business concern under a multiple-award contract that was not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

+ (ii)

+ Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set-aside for small businesses); or

+ (iii)

+ Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a part of the multiple-award contract that is partially set-aside for small businesses); or

+ (3) For the NAICS code assigned to an order under a multiple-award contract, if the contracting officer requires contractors to rerepresent their size and socioeconomic status for that order.

(c)

+ NAICS code size standard.

A contractor is required to rerepresent its size status in accordance with the size standard in effect at the time of its rerepresentation that corresponds to the NAICS code that was initially assigned to the contract. For multiple-award contracts where there is more than one NAICS code assigned, the contractor is required to rerepresent its size status for each NAICS code assigned to the contract.

(d)

+ Procedures—

(1)

Contract rerepresentation. After a contractor rerepresents for a contract that it no longer qualifies as a small business concern identified in 19.000(a)(3) in accordance with 52.219-28, the agency may no longer include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements. When a contractor's rerepresentation for a contract qualifies it as a different small business concern identified in 19.000(a)(3) than what it represented for award, the agency may include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements, consistent with the rerepresentation. Agencies should issue a modification to the contract capturing the rerepresentation and report it to FPDS within 30 days after notification of the rerepresentation.

Rerepresentation for a task or delivery order.

(i)

− When a contractor rerepresents for an order that it no longer qualifies as a small business concern identified in 19.000(a)(3), the agency cannot include the value of the order in its small business prime contracting goal achievements. When a contractor's rerepresentation for an order qualifies it as a different small business concern identified in 19.000(a)(3) than what it represented for contract award, the agency can include the value of the order in its small business prime contracting goal achievement, consistent with the rerepresentation.

+ When an order is issued under an unrestricted multiple-award contract and the contractor's rerepresentations no longer qualifies it as a small business concern identified at 19.000(a)(3), the agency can no longer include the value of the order in its small business prime contracting goal achievements. When a contractor's rerepresentation for an order qualifies it as a different small business concern identified at 19.000(a)(3) than what it represented for contract award, the agency can include the value of the order in its small business prime contracting goal achievement, consistent with the rerepresentation.

(ii)

− A rerepresentation for an order does not change the size or socioeconomic status representation for the contract.

+ A rerepresentation for an order issued under an unrestricted multiple-award contract does not change the size or socioeconomic status representation for the contract.

(e)

− A change in size status does not change the terms and conditions of the contract. However, the contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small Business Subcontracting Plan, if a prime contractor's size status changes from small to other than small as a result of a size rerepresentation (see 19.705-2(b)(3)).

+ Size status change. A change in size status does not change the terms and conditions of the contract. However, the contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small Business Subcontracting Plan, if a prime contractor's size status changes from small to other than small as a result of a size rerepresentation (see 19.705-2(b)(3)).

contract with more than one North American Industry Classification

System (NAICS) code, see paragraph (a)(2)(i) of this section.

− (ii) In sealed

+ (ii)

+ In sealed

bidding acquisitions, each invitation for bids to perform a contract

that is expected to exceed $750,000 ($1.5 million for construction)

For a multiple-award contract with more than one NAICS code, see

paragraph (a)(2)(i) of this section.

− (iii) Each

+ (iii)

+ Each

contract modification that causes the value of a contract without

a subcontracting plan to exceed $750,000 ($1.5 million for construction),

one NAICS code, see paragraph (a)(2)(ii) of this section.

(2)

− (i) For a multiple-award

+ (i)

+ For a multiple-award

contract with more than one NAICS code, the solicitation referenced

in paragraphs (a)(1)(i) and (ii) of this section shall require the

consider the cumulative dollar value of the portion(s) or category(ies)

of the offeror's proposal for which the offeror is other than small.

− (ii) For a

+ (ii)

+ For a

multiple-award contract with more than one NAICS code, the modification

referenced in paragraph (a)(1)(iii) of this section shall require

the cumulative dollar value of the portion(s) or category(ies) of

the contract for which the contractor is other than small.

− (b) Subcontracting

+ (b)

+ Subcontracting

plans (see paragraphs (a)(1) and (2) of this section) are not required–

− (1) From

+ (1)

+ From

small business concerns;

− (2) For personal

+ (2)

+ For personal

services contracts;

− (3) For contracts

+ (3)

+ For contracts

or contract modifications that will be performed entirely outside

of the United States and its outlying areas; or

− (4) For modifications

+ (4)

+ For modifications

that are within the scope of the contract and the contract does

not contain the clause at 52.219-8,

Utilization of Small Business Concerns.

− (c) As stated

+ (c)

+ As stated

in 15 U.S.C. 637(d)(9),

any contractor or subcontractor failing to comply in good faith

with the requirements of the subcontracting plan shall result in

the imposition of liquidated damages.

− (d) As authorized by 15 U.S.C. 637(d)(12), certain costs incurred by a mentor firm in providing developmental assistance to a protégé firm under the Department of Defense Mentor-Protégé Program, may be credited as if they were subcontract awards to a protégé firm for the purpose of determining whether the mentor firm attains the applicable goals under any subcontracting plan entered into with any executive agency. However, the mentor-protégé agreement must have been approved by the Director, Small Business Programs of the cognizant DoD military department or defense agency, before developmental assistance costs may be credited against subcontract goals. A list of approved agreements may be obtained at https://business.defense.gov/Programs/Mentor-Protege-Program/.

+ (d)

+ As authorized by 15 U.S.C. 637(d)(12), certain costs incurred by a mentor firm in providing developmental assistance to a protégé firm under the Department of Defense Mentor-Protégé Program, may be credited as if they were subcontract awards to a protégé firm for the purpose of determining whether the mentor firm attains the applicable goals under any subcontracting plan entered into with any executive agency. However, the mentor-protégé agreement must have been approved by the Director, Small Business Programs of the cognizant DoD military department or defense agency, before developmental assistance costs may be credited against subcontract goals. A list of approved agreements may be obtained at https://business.defense.gov/Programs/Mentor-Protege-Program/.

+ (e)

+ In accordance with 15 U.S.C. 657r(a), a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico.

The rates of pay and other conditions of employment will not be less than those for work of a similar nature in the locality where the work is being performed; and

(v)

− The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order11755, as amended.

+ The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended.

(b)

Department of Justice regulations authorize the Director of the Bureau of Justice Assistance to exercise the power and authority vested in the Attorney General by the Executive order to certify and to revoke the certification of work-release laws or regulations (see 28 CFR0.94-1(b)).

Opportunity clause means the clause at 52.222-26, Equal Opportunity,

as prescribed in 22.810(e).

− E.O.11246 means

− PartsII and IV of Executive Order11246, September 24,1965 (30 FR12319),

+ E.O. 11246 means

+ PartsII and IV of Executive Order 11246, September 24,1965 (30 FR12319),

and any Executive order amending or superseding this order (see 22.802). This term specifically

includes the Equal Opportunity clause at 52.222-26, and the rules,

− regulations, and orders issued pursuant to E.O.11246 by the Secretary

+ regulations, and orders issued pursuant to E.O. 11246 by the Secretary

of Labor or a designee.

Gender identity has the meaning given by

Prime

contractor means any person who holds, or has held, a Government

− contract subject to E.O.11246.

+ contract subject to E.O. 11246.

Recruiting

and training agency means any person who refers workers to any

contracts is performed, undertaken, or assumed.

Subcontractor means any person who holds,

− or has held, a subcontract subject to E.O.11246. The term "first-tier

+ or has held, a subcontract subject to E.O. 11246. The term "first-tier

subcontractor" means a subcontractor holding a subcontract with

a prime contractor.

Transactions of $10,000 or less. The Equal Opportunity clause is required to be included in prime contracts and subcontracts by 22.802(a). Individual prime contracts or subcontracts of $10,000 or less are exempt from application of the Equal Opportunity clause, unless the aggregate value of all prime contracts or subcontracts awarded to a contractor in any 12-month period exceeds, or can reasonably be expected to exceed, $10,000. (Note: Government bills of lading, regardless of amount, are not exempt.)

(2)

− Work outside the United States. Contracts are exempt from the requirements of E.O.11246 for work performed outside the United States by employees who were not recruited within the United States.

+ Work outside the United States. Contracts are exempt from the requirements of E.O. 11246 for work performed outside the United States by employees who were not recruited within the United States.

(3)

− Contracts with State or local governments. The requirements of E.O.11246 in any contract with a State or local government (or any agency, instrumentality, or subdivision thereof) shall not be applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the contract.

+ Contracts with State or local governments. The requirements of E.O. 11246 in any contract with a State or local government (or any agency, instrumentality, or subdivision thereof) shall not be applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the contract.

(4)

− Work on or near Indian reservations. It shall not be a violation of E.O.11246 for a contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. This applies to that area where a person seeking employment could reasonably be expected to commute to and from in the course of a work day. Contractors extending such a preference shall not, however, discriminate among Indians on the basis of religion, sex, sexual orientation, gender identity, or tribal affiliation, and the use of such preference shall not excuse a contractor from complying with E.O.11246, rules and regulations of the Secretary of Labor, and applicable clauses in the contract.

+ Work on or near Indian reservations. It shall not be a violation of E.O. 11246 for a contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. This applies to that area where a person seeking employment could reasonably be expected to commute to and from in the course of a work day. Contractors extending such a preference shall not, however, discriminate among Indians on the basis of religion, sex, sexual orientation, gender identity, or tribal affiliation, and the use of such preference shall not excuse a contractor from complying with E.O. 11246, rules and regulations of the Secretary of Labor, and applicable clauses in the contract.

(5)

− Facilities not connected with contracts. The Deputy Assistant Secretary may exempt from the requirements of E.O.11246 any of a contractor’s facilities that the Deputy Assistant Secretary finds to be in all respects separate and distinct from activities of the contractor related to performing the contract, provided, that the Deputy Assistant Secretary also finds that the exemption will not interfere with, or impede the effectiveness of, E.O.11246.

+ Facilities not connected with contracts. The Deputy Assistant Secretary may exempt from the requirements of E.O. 11246 any of a contractor’s facilities that the Deputy Assistant Secretary finds to be in all respects separate and distinct from activities of the contractor related to performing the contract, provided, that the Deputy Assistant Secretary also finds that the exemption will not interfere with, or impede the effectiveness of, E.O. 11246.

(6)

Indefinite-quantity contracts. With respect to indefinite-quantity contracts and subcontracts, the Equal Opportunity clause applies unless the contracting officer has reason to believe that the amount to be ordered in any year under the contract will not exceed $10,000. The applicability of the Equal Opportunity clause shall be determined by the contracting officer at the time of award for the firstyear, and annually thereafter for succeeding years, if any. Notwithstanding the above, the Equal Opportunity clause shall be applied to the contract whenever the amount of a single order exceeds $10,000. Once the Equal Opportunity clause is determined to be applicable, the contract shall continue to be subject to such clause for its duration regardless of the amounts ordered, or reasonably expected to be ordered, in anyyear.

Contracts with religious entities. Pursuant to E.O. 13279, Section 202 of E.O. 11246, shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in the order.

(c)

− To request an exemption under paragraph (a)(2) or (b)(5) of this section, the contracting officer shall submit, under agency procedures, a detailed justification for omitting all, or part of, the requirements of E.O.11246. Requests for exemptions under paragraph (a)(2) or (b)(5) of this section shall be submitted to the Deputy Assistant Secretary for approval.

+ To request an exemption under paragraph (a)(2) or (b)(5) of this section, the contracting officer shall submit, under agency procedures, a detailed justification for omitting all, or part of, the requirements of E.O. 11246. Requests for exemptions under paragraph (a)(2) or (b)(5) of this section shall be submitted to the Deputy Assistant Secretary for approval.

(d)

− The Deputy Assistant Secretary may withdraw the exemption for a specific contract, or group of contracts, if the Deputy Assistant Secretary deems that such action is necessary and appropriate to achieve the purposes of E.O.11246. Such withdrawal shall not apply-

+ The Deputy Assistant Secretary may withdraw the exemption for a specific contract, or group of contracts, if the Deputy Assistant Secretary deems that such action is necessary and appropriate to achieve the purposes of E.O. 11246. Such withdrawal shall not apply-

(1)

To contracts awarded before the withdrawal; or

NOTE 2: N/A (not applicable) should be used if the ratings are not going to be applied to a particular area for evaluation.

Table 42-2 -Evaluation Rating Definitions

− [For the small business subcontracting evaluation factor, when 52.219-9 is used]RatingDefinitionNote

+ [For the small business subcontracting evaluation factor, when 52.219-9 is used]

+ Rating

+ Definition

+ Note

(a) Exceptional

Exceeded all statutory goals or goals as negotiated. Had exceptional success with initiatives to assist, promote, and utilize small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone small business, veteran-owned small business (VOSB) and service disabled veteran owned small business (SDVOSB). Complied with FAR 52.219-8, Utilization of Small Business Concerns. Exceeded any other small business participation requirements incorporated in the contract/order, including the use of small businesses in mission critical aspects of the program. Went above and beyond the required elements of the subcontracting plan and other small business requirements of the contract/order. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner. Did not have a history of three or more unjustified reduced or untimely payments to small business subcontractors within a 12-month period.

, insert the

following clause:

− Protecting the Government’s Interest

− When Subcontracting with Contractors Debarred, Suspended, or Proposed

− for Debarment (Nov 2021)

+ Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

(a)

Definition.

suspended, or proposed for debarment by any executive agency unless

there is a compelling reason to do so.

− (c) The Contractor

− shall require each proposed subcontractor whose subcontract will

− exceed the threshold specified in FAR 9.405-2(b)

− on the date of subcontract award, other than a subcontractor providing

− a commercially available off-the-shelf item, to disclose to the

− Contractor, in writing, whether as of the time of award of the subcontract,

− the subcontractor, or its principals, is or is not debarred, suspended,

− or proposed for debarment by the Federal Government.

− (d) A corporate

− officer or a designee of the Contractor shall notify the Contracting

− Officer, in writing, before entering into a subcontract with a party

− (other than a subcontractor providing a commercially available off-the-shelf

− item) that is debarred, suspended, or proposed for debarment (see

− FAR 9.404 for

− information on the System for Award Management (SAM) Exclusions).

− The notice must include the following:

+ (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded, by the Federal Government.

+ (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s

reason(s) for doing business with the subcontractor notwithstanding

its being listed with an exclusion in SAM.

− (4) The systems

− and procedures the Contractor has established to ensure that it

− is fully protecting the Government's interests when dealing with

− such subcontractor in view of the specific basis for the party’s

− debarment, suspension, or proposed debarment.

+ (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, proposed debarment, or voluntary exclusion.

(e)

Subcontracts.

I (Mar 2020) of 52.219-7.

(20)

− 52.219-8, Utilization of

− Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and

− (3)).

+ 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 (Sep

− 2023) (15 U.S.C. 637(d)(4)).

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

(ii)

Alternate

Alternate

III (Jun 2020) of 52.219-9.

− (v)

− Alternate IV (Sep

− 2023)

− of 52.219-9.

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

(22)

(i)

(26)

(i)

− 52.219-28, Post Award

− Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

(ii)

Alternate

(15 U.S.C. 637(a)(17)).

(31)

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

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

(32)

− 52.222-19, Child

− Labor-Cooperation with Authorities and Remedies (Feb

− 2024).

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

(33)

52.222-21, Prohibition

(34)

(i)

− 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

+ 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii)

Alternate

E.O. 13627).

(40)

− 52.222-54, Employment

− Eligibility Verification

− (May 2022)

− (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.)

+ 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)

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).

+ (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

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)).

+ (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

Alternate I (Dec 2023) of 52.204–30.

(viii)

− 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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.

+ 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).

+ 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(xi)

52.222-35, Equal Opportunity

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).

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

(B)

Alternate

2014) (41 U.S.C. chapter 67).

(xix)

− 52.222-54, Employment

− Eligibility Verification

− (May 2022)

− (E.O. 12989).

+ 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).

(xx)

52.222-55, Minimum Wages

read "paragraphs (a), (b), and (c) of this clause".

Alternate II

− (Nov 2024) . As prescribed in

+ (Jan 2025). As prescribed in

12.301

(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

__(2) Alternate I (Dec 2023)

52.204-30.

− (H) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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.

+ (H) 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.

(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(M) 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.

(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

− (O) __

− (1)

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

+ (O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__

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

(P) 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).

(Q) 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).

− (R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

+ (R) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989).

(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(viii)

52.222-26, Equal Opportunity

− (Sep 2016) (E.O.11246).

+ (Sep 2016) (E.O. 11246).

(ix)

52.225-13, Restrictions

52.233-1, Disputes (May 2014).

(vii)

− 52.244-6, Subcontracts for Commercial Products and Commercial Services (Nov 2024).

+ 52.244-6, Subcontracts for Commercial Products and Commercial Services

+ (Jan 2025).

(viii)

52.253-1, Computer Generated Forms (Jan 1991).

intelligence community—see FAR 3.900(a).

(ii)

− 52.204-10,

− Reporting Executive Compensation and First-Tier

− Subcontract Awards (Jun 2020)(Pub. L.

− 109-282) (31 U.S.C. 6101 note)

− (Applies to contracts valued at or above the

− threshold specified in FAR 4.1403(a) on

− the date of award of this contract).

+ 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii)

− 52.222-19, Child

− Labor-Cooperation with Authorities and Remedies

− (Feb 2024)

− (E.O. 13126) (Applies to contracts for

− supplies exceeding the micro-purchase threshold,

− as defined in 2.101 on the date of

− award of this contract).

+ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv)

52.222-20, Contracts for

transiting through its information system.)

(ii)

− 52.209-6, Protecting the

− Government’s Interest When Subcontracting with Contractors Debarred,

− Suspended, or Proposed for Debarment (Nov

− 2021) (Applies to contracts over the threshold specified in

− FAR 9.405-2(b) on the date

− of award of this contract).

+ 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii)

52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(e)

(1)

− The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

+ Unless the Contractor has reason to question the representation, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2)

− The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if–

+ Unless the Contractor has reason to question the representation, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(i)

The subcontractor is registered in SAM; and

ineligible for award of a contract.

(2)

− (i) The

− Contractor may accept a subcontractor's written representations

− of its size and socioeconomic status as a small business, small

− disadvantaged business, veteran-owned small business, service-disabled

− veteran-owned small business, or a women-owned small business if

− the subcontractor represents that the size and socioeconomic status

− representations with its offer are current, accurate, and complete

− as of the date of the offer for the subcontract.

− (ii) The Contractor

− may accept a subcontractor's representations of its size and socioeconomic

− status as a small business, small disadvantaged business, veteran-owned

− small business, service-disabled veteran-owned small business, or

− a women-owned small business in the System for Award Management

− (SAM) if–

+ (i)

+ Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

+ (ii)

+ Unless the Contractor has reason to question the representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(A) The subcontractor is registered

in SAM; and

(d) The Offeror’s

subcontracting plan shall include the following:

− (1) Separate

− goals, expressed in terms of total dollars subcontracted, and as

− a percentage of total planned subcontracting dollars, for the use

− of small business, veteran-owned small business, service-disabled

− veteran-owned small business, HUBZone small business, small disadvantaged

− business, and women-owned small business concerns as subcontractors.

− For individual subcontracting plans, and if required by the Contracting

− Officer, goals shall also be expressed in terms of percentage of

− total contract dollars, in addition to the goals expressed as a

− percentage of total subcontract dollars. The Offeror shall include

− all subcontracts that contribute to contract performance, and may

− include a proportionate share of products and services that are

− normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

+ (1)

+ Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 15 U.S.C. 657r(a), an Offeror that is a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico. In accordance with 43 U.S.C. 1626—

(i) Subcontracts

awarded to an ANC or Indian tribe shall be counted towards the subcontracting

and women-owned small business concerns have an equitable opportunity

to compete for subcontracts.

− (9) Assurances

− that the Offeror will include the clause of this contract entitled

− "Utilization of Small Business Concerns" in all subcontracts that

− offer further subcontracting opportunities, and that the Offeror

− will require all subcontractors (except small business concerns)

− that receive subcontracts in excess of the applicable threshold

− specified in FAR 19.702(a) on the date

− of subcontract award, with further subcontracting possibilities

− to adopt a subcontracting plan that complies with the requirements

− of this clause.

+ (9)

+ Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns, including entities that are treated as small business concerns by statute for certain purposes ( e.g., ANCs, see 13 CFR 125.3(b)(2))) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances

that the Offeror will–

(i) Cooperate in any studies or surveys

as may be required;

− (ii) Submit

− periodic reports so that the Government can determine the extent

− of compliance by the Offeror with the subcontracting plan;

+ (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;

(iv) Submit

with the Contracting Officer any material matter pertaining to payment

to or utilization of a subcontractor.

− (15) Assurances

− that the offeror will pay its small business subcontractors on time

− and in accordance with the terms and conditions of the underlying

− subcontract, and notify the contracting officer when the prime contractor

− makes either a reduced or an untimely payment to a small business

− subcontractor (see 52.242-5).

+ (15) Assurances that the Contractor will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

(e) In order

to effectively implement this plan to the extent consistent with

plan shall make the Offeror ineligible for award of a contract.

Alternate III

− (Jun 2020). As prescribed in

+ (Jan 2025). As prescribed in

19.708

− (b)(1)(iii),

− substitute the following paragraphs (d)(10) and (l) for paragraphs (d)(10)

− and (l) in the basic clause:

+ (b)(1)(iii), substitute the following paragraphs (d)(10) and (l) for paragraphs (d)(10) and (l) in the basic clause:

(d)(10)

Assurances that the offeror will—

(i)

Cooperate in any studies or surveys as may be required;

− (ii) Submit periodic reports so that the

− Government can determine the extent of compliance by the Offeror

− with the subcontracting plan;

+ (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

(iii)

Submit Standard Form (SF) 294 Subcontracting Report for Individual

Contracting Officer who approved the commercial plan.

Alternate IV

− (Sep

− 2023).

− As prescribed in

+ (Jan 2025). As prescribed in

19.708

− (b)(1)(iv),

− substitute the following paragraphs (c) and (d) for paragraphs

− (c) and (d) of the basic clause:

+ (b)(1)(iv), substitute the following paragraphs (c) and (d) for paragraphs (c) and (d) of the basic clause:

(c)(1) The Contractor,

upon request by the Contracting Officer, shall submit and negotiate

by the Contracting Officer. The subcontracting plan does not apply

retroactively.

− (2)(i) The prime Contractor

− may accept a subcontractor's written representations of its size

− and socioeconomic status as a small business, small disadvantaged

− business, veteran-owned small business, service-disabled veteran-owned

− small business, or a women-owned small business if the subcontractor

− represents that the size and socioeconomic status representations

− with its offer are current, accurate, and complete as of the date

− of the offer for the subcontract.

− (ii)

− The Contractor may accept a subcontractor's representations of its

− size and socioeconomic status as a small business, small disadvantaged

− business, veteran-owned small business, service-disabled veteran-owned

− small business, or a women-owned small business in the System for

− Award Management (SAM) if–

+ (2)(i) Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

+ (ii) Unless the Contractor has reason to question the representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(A) The subcontractor

is registered in SAM; and

(d) The

Contractor's subcontracting plan shall include the following:

− (1) Separate goals, expressed in terms

− of total dollars subcontracted and as a percentage of total planned

− subcontracting dollars, for the use of small business, veteran-owned

− small business, service-disabled veteran-owned small business, HUBZone

− small business, small disadvantaged business, and women-owned small

− business concerns as subcontractors. For individual subcontracting

− plans, and if required by the Contracting Officer, goals shall also

− be expressed in terms of percentage of total contract dollars, in

− addition to the goals expressed as a percentage of total subcontract

− dollars. The Contractor shall include all subcontracts that contribute

− to contract performance, and may include a proportionate share of

− products and services that are normally allocated as indirect costs.

− In accordance with 43 U.S.C. 1626–

+ (1) Separate goals, expressed in terms of total dollars subcontracted and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Contractor shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 15 U.S.C. 657r(a), a Contractor that is a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico. In accordance with 43 U.S.C. 1626—

(i) Subcontracts awarded to an ANC or

Indian tribe shall be counted towards the subcontracting goals for

small disadvantaged business, and women-owned small business concerns

have an equitable opportunity to compete for subcontracts.

− (9) Assurances that

− the Contractor will include the clause of this contract entitled

− "Utilization of Small Business Concerns" in all subcontracts that

− offer further subcontracting opportunities, and that the Contractor

− will require all subcontractors (except small business concerns)

− that receive subcontracts in excess of the applicable threshold

− specified in FAR 19.702(a) on the date

− of subcontract award, with further subcontracting possibilities

− to adopt a subcontracting plan that complies with the requirements

− of this clause.

+ (9) Assurances that the Contractor will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Contractor will require all subcontractors (except small business concerns, including entities that are treated as small business concerns by statute for certain purposes ( e.g., ANCs, see 13 CFR 125.3(b)(2))) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that

the Contractor will–

the contracting officer any material matter pertaining to the payment

to or utilization of a subcontractor.

− (15)

− Assurances that the offeror will pay its small business subcontractors

− on time and in accordance with the terms and conditions of the underlying

− subcontract, and notify the contracting officer when the prime contractor

− makes either a reduced or an untimely payment to a small business

− subcontractor (see 52.242-5).

+ (15) Assurances that the Contractor will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

any option thereafter.

(c)

− If the

− Contractor represented that it was any of the small business concerns

− identified in 19.000(a)(3) prior to

− award of this contract, the Contractor shall rerepresent its size

− and socioeconomic status according to paragraph (f) of this clause or,

− if applicable, paragraph (h) of this clause, when the Contracting

− Officer explicitly requires it for an order issued under a multiple-award

− contract.

+ If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

+ (1)

+ Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

+ (2)

+ Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

+ (3)

+ Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

+ (4)

+ When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d)

The Contractor

women-owned, or women-owned small business set-aside or sole-source

award regardless of dollar value.

− (f)

− Except

− as provided in paragraph (h) of this clause, the Contractor shall

− make the representation(s) required by paragraph (b) and (c) of

− this clause by validating or updating all its representations in

− the Representations and Certifications section of the System for

− Award Management (SAM) and its other data in SAM, as necessary,

− to ensure that they reflect the Contractor's current status. The

− Contractor shall notify the contracting office in writing within

− the timeframes specified in paragraph (b) of this clause, or with

− its offer for an order (see paragraph (c) of this clause), that

− the data have been validated or updated, and provide the date of

− the validation or update.

+ (f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g)

If the

(1)

The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

− (2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

− (3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

− (4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

+ (2)

+ [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

+ (3)

+ [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

+ (4)

+ Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

− (5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

+ (5)

+ Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [

The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

− (6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

− (7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

+ (6)

+ [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

+ (7)

+ [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8)

Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [

(i)

It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

− (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [

+ (ii)

+ It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [

The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.

] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

The

Contracting Officer may terminate the contract.

− (2)

− The suspending

− official may suspend the Contractor in accordance with procedures

− in FAR subpart 9.4.

+ (2) The suspending and debarring official may suspend the Contractor in accordance with procedures in FAR

+ subpart 9.4.

(3)

− The debarring

− official may debar the Contractor for a period not to exceed 3 years

− in accordance with the procedures in FAR subpart 9.4.

+ The suspending and debarring may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR

+ subpart 9.4.

(End of clause)

Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

(i)

− A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order11246, as amended, if a particular group is employed in a substantially disparate manner.

+ A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.

(j)

The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

(k)

− The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order11246, as amended.

+ The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order 11246, as amended.

(l)

− The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order11246, as amended.

+ The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended.

(m)

− The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g) of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary shall take action as prescribed in 41 CFR 60-4.8.

+ The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g) of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary shall take action as prescribed in 41 CFR 60-4.8.

(n)

The Contractor shall designate a responsible official to-

shall comply, for the period of performance of this contract, with

the requirements of the E-Verify program MOU.

− (i) The Department

− of Homeland Security (DHS) or the Social Security Administration

− (SSA) may terminate the Contractor’s MOU and deny access to the

− E-Verify system in accordance with the terms of the MOU. In such

− case, the Contractor will be referred to a suspension or debarment

− official.

− (ii) During

− the period between termination of the MOU and a decision by the

− suspension or debarment official whether to suspend or debar, the

− Contractor is excused from its obligations under paragraph (b) of

− this clause. If the suspension or debarment official determines

− not to suspend or debar the Contractor, then the Contractor must reenroll

− in E-Verify.

+ (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspending and debarring official.

+ (ii)

+ During the period between termination of the MOU and a decision by the suspending and debarring official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is not suspended, debarred, or subject to a voluntary exclusion, then the Contractor must reenroll in E-Verify.

(c)

Web

Alternate I (Dec 2023) of 52.204-30.

(x)

− 52.219-8, Utilization

− of Small Business Concerns (Feb

− 2024) (15 U.S.C.637(d)(2)

− and (3)), if the subcontract offers 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.

+ 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C.637(d)(2) and (3)), if the subcontract offers 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.

(xi)

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(xii)

− 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

+ 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(xiii)

52.222-35, Equal Opportunity