Class Deviation 2024-O0002

OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2024-O0002
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—The Service-Disabled Veteran-Owned Small Business Program
Effective January 1, 2024, contracting officers shall use the procedures in this class
deviation in lieu of the procedures at Federal Acquisition Regulation (FAR) 19.1403(a) through
(c), 19.1405(b), and 19.1406 to verify an offeror’s eligibility for a set-aside or sole-source award
under the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. In addition,
contracting officers shall use the SDVOSB protest procedures in this class deviation in lieu of
the procedures at FAR 19.307.
(A) Preaward Procedures
Status as an SDVOSB concern under the SDVOSB Program is determined by the Small
Business Administration (SBA) in accordance with 13 CFR part 128. For set-aside awards under
the SDVOSB Program, contracting officers shall verify that an offeror is eligible for
consideration for award by confirming that a concern either—
(1) Is designated as certified by SBA in SBA’s Veteran Small Business Certification
(VetCert) database at https://veterans.certify.sba.gov; or
(2) Has both represented its status as an SDVOSB concern in the System for Award
Management (SAM) and submitted an application for certification to SBA’s VetCert database on
or before December 31, 2023. Pending applications are available at
https://veterans.certify.sba.gov.
If an offeror meets the criteria at (1) or (2) above, the contracting officer may proceed
with offeror evaluation. If an offeror is a joint venture, the contracting officer may proceed with
offeror evaluation if the managing SDVOSB joint venture partner meets the criteria at (1) or (2)
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above. If an offeror does not meet either criteria at (1) or (2), the contracting officer shall
remove the concern from consideration.
For sole-source awards under the SDVOSB Program, contracting officers shall only
make award to a concern that meets the criteria at (1) or (2) above. Contracting officers may
make sole-source awards to a joint venture if the managing SDVOSB joint venture partner meets
the criteria at (1) or (2) above.
Contracting officers may continue to rely on an SDVOSB concern’s representation in
SAM for awards made to SDVOSB concerns outside of the SDVOSB Program.
(B) Solicitations Provisions and Contract Clauses
For sole-source and set-aside awards made under the SDVOSB program, contracting
officers shall use—
• 52.212-3, Offeror Representations and Certifications—Commercial Products and
Commercial Services (DEVIATION 2024-O0002) in lieu of FAR solicitation
provision 52.212-3.
• 52.212-5, Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Products and Commercial Services (DEVIATION
2024-O0002) in lieu of FAR clause 52.212-5.
• 52.219-1 Small Business Program Representations (DEVIATION 2024-O0002) in
lieu of FAR solicitation provision 52.219-1.
• 52.219-8, Utilization of Small Business Concerns (DEVIATION 2024-O0002), in
lieu of FAR clause 52.219-8.
• 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(DEVIATION 2024-O0002), in lieu of FAR clause 52.219-27.
• 52.219-28, Post-Award Small Business Program Representation (Deviation 2024-
O0002) in lieu of FAR clause 52.219-28.
Because FAR clause 52.212-5 is updated frequently to include new clauses, contracting
officers are authorized to add individual FAR clauses to solicitations and contracts as required to
augment the deviation clause as FAR 52.212-5 is updated after issuance of this class deviation.
(C) Protest Procedures
(1) For sole-source acquisitions under the SDVOSB Program, the contracting officer, the
Department of Veterans Affairs (VA), or SBA may protest the apparent successful offeror’s
SDVOSB status. For all other acquisitions, any interested party, as defined at 13 CFR 134.1002,
may protest the apparent successful offeror’s SDVOSB status. SBA’s SDVOSB protest are
found at 13 CFR part 128.500 and at 13 CFR part 134, Rules of Procedure Governing Cases
Before the Office of Hearings and Appeals (OHA). Assertions that a protested concern is not an
SDVOSB concern, without setting forth specific facts or allegations will not be considered by
OHA. SDVOSB status protests must be in writing and include the information at 13 CFR part
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134.1005. OHA will consider protests challenging the SDVOSB status or ownership and control
of a concern if—
(i) For status protests, the protester presents evidence supporting the contention that
the owner(s) cannot provide documentation from the VA to show that they meet the definition of
“service-disabled veteran” or “service-disabled veteran with a permanent or severe disability” as
set forth in 13 CFR 128.102; or
(ii) For joint venture protests, the protester presents evidence that the managing
SDVOSB joint venture partner does not meet the requirements at 13 CFR 128.402.
(2) An interested party, except the contracting officer, is required to submit its protest to
the contracting officer to be received by the close of business on the fifth business day after—
(i) Bid opening in sealed bid acquisitions;
(ii) Notification by the contracting officer of the apparent successful offeror for
negotiated acquisitions;
(iii) Notification by the contracting officer of the intended awardee for an order,
except for an order issued under a Federal Supply Schedule (FSS) contract that is set aside for
SDVOSBs under a multiple-award contract that was not totally or partially set aside or reserved
for SDVOSBs; or
(iv) Notification by the contracting officer of the intended awardee for a blanket
purchase agreement, except for a blanket purchase agreement issued under a FSS contract that is
set aside for SDVOSBs.
(3) Any protest received after the designated time limit is untimely except—
(i) The VA or SBA may file an SDVOSB status protest at any time; and
(ii) The contracting officer, SBA, or VA may file an SDVOSB status protest at any
time after the apparent successful awardee has been identified or after bid opening, whichever
applies.
(4) Contracting officers shall forward all protests to the U.S. Small Business
Administration, Office of Hearings and Appeals, 409 Third Street, SW, Washington, DC 20416,
or by email to OHAfilings@sba.gov, marked “Attn: SDVOSB Status Protest”. The protest shall
include a referral letter written by the contracting officer with information pertaining to the
solicitation. The referral letter must include the following information to allow OHA to
determine timeliness and standing:
• The solicitation number (or an electronic link to or a paper copy of the solicitation).
• The name, address, telephone number, and email address of the contracting officer.
• Whether the contract was awarded on a sole-source or set-aside basis.
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• Whether the protestor submitted an offer.
• Whether the protested concern was the apparent successful offeror.
• When the protested concern submitted its initial offer that included price.
• Whether the acquisition was conducted using sealed bid or negotiated procedures.
• The bid opening date, if applicable.
• The date the contracting officer received the protest.
• The date the protestor received notification about the apparent successful offeror, if
applicable.
• Whether a contract has been awarded.
(5) OHA will notify the protester, the protested concern, SBA’s Director of Government
Contracting (D/GC), SBA Counsel, and the contracting officer of the date OHA received the
protest. OHA does not have a standard timeline for issuing decisions. Before an OHA decision
is made and after receiving a protest involving the apparent successful offeror’s status as an
SDVOSB concern, the contracting officer shall either—
(i) Withhold award of the contract until OHA determines the status of the protested
concern; or
(ii) Award the contract after receipt of the protest but before OHA issues its decision
if the contracting officer determines in writing that an award must be made to protect the public
interest. The contracting officers shall notify OHA and SBA D/GC in writing of the
determination and include a copy in the contract file.
(6) After an OHA decision is made, OHA will notify the contracting officer, the
protester, and the protested concern of its decision. The decision is effective immediately and is
final. OHA decisions may not be appealed.
(i) If the contracting officer has withheld award and OHA has determined that the
protested concern is an eligible SDVOSB or has dismissed all protests against the protested
concern, then the contracting officer may award the contract to the protested concern.
(ii) If the contracting officer has withheld contract award, and OHA has sustained the
protest and determined that the concern is not an SDVOSB, then the contracting officer shall not
award the contract to the protested concern.
(iii) If the contracting officer made a written determination that award must be made
to protect the public interest and awarded the contract, and the OHA decision sustaining the
protest is received after award—
(a) The contracting officer shall terminate the contract, unless the contracting
officer determines in writing that termination is not in the best interests of the Government.
However, the contracting officer shall not exercise any options or award further task or delivery
orders;
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(b) The contracting officer shall update the Federal Procurement Data System to
reflect the final OHA decision; and
(c) A concern found to be ineligible may not submit future offers as an SDVOSB
concern until the concern is designated as an SDVOSB by SBA in the SBA VetCert database.
This class deviation implements revisions made by SBA to its regulations in its final rule
published in the Federal Register on November 29, 2022, at 87 FR 73400. SBA’s final rule
implements section 862 of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L.
116-283; 15 U.S.C. 657f). Section 862 created a requirement for a concern to be certified as an
SDVOSB in order to be awarded a set-aside or sole-source contract under the SDVOSB
Program.
This class deviation remains in effect until incorporated into the FAR or is otherwise
rescinded. My point of contact is Ms. Jeanette Snyder, DPC/DARS, who may be reached at
jeanette.m.snyder4.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
Attachments:
As stated
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52.212-3 Offeror Representations and Certifications—Commercial Products and
Commercial Services (DEVIATION 2024-O0002).
Insert the following deviation provision with its Alternate I in solicitations set aside for, or to
be awarded on a sole source basis to, service-disabled veteran-owned small business concerns
that are for the acquisition of commercial products or commercial services.
OFFEROR REPRESENTATION AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2024-O0002)
(JAN 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed
the annual representations and certification electronically in the System for Award Management
(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual
representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the
clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a
small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who
are citizens of the United States and who are economically disadvantaged in accordance with 13
CFR part 127, and the concern is certified by SBA or an approved third-party certifier in
accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business
eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for
its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the
enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the
offeror, or that owns or controls one or more entities that control an immediate owner of the
offeror. No entity owns or exercises control of the highest level owner.
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Immediate owner means an entity, other than the offeror, that has direct control of the
offeror. Indicators of control include, but are not limited to, one or more of the following:
Ownership or interlocking management, identity of interests among family members, shared
facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the
definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with
the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs)
1000–9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of
components, or otherwise made or processed from raw materials into the finished product that is
to be provided to the Government. If a product is disassembled and reassembled, the place of
reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any
predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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Restricted business operations means business operations in Sudan that include power
production activities, mineral extraction activities, oil-related activities, or the production of
military equipment, as those terms are defined in the Sudan Accountability and Divestment Act
of 2007 (Pub. L. 110–174). Restricted business operations do not include business operations
that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional
government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign
Assets Control in the Department of the Treasury, or are expressly exempted under Federal law
from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized
peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or
education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other
technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the
President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern (SDVOSB)—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned and controlled by one or more
service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent
of the stock of which is owned by one or more service-disabled veterans; and
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(ii) The management and daily business operations of which are controlled by one
or more service-disabled veterans or, in the case of a service-disabled veteran with permanent
and severe disability, the spouse or permanent caregiver of such veteran; or
(iii) A small business concern eligible under the SDVOSB Program in accordance
with 13 CFR part 128 (see subpart 19.14).
(2) Service-disabled veteran, as used in this definition, means a veteran, as defined in
38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16),
and who is registered in the Beneficiary Identification and Records Locator Subsystem, or
successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits
Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the
SDVOSB Program means an SDVOSB concern that is either–
(1) Effective January 1, 2024, is designated in the SBA Veteran Certification Small
Business (VetCert) database at https://veterans.certify.sba.gov as certified by SBA in accordance with
13 CFR 128.300; or
(2) Has represented that it is a SDVOSB concern in SAM and has submitted a complete
application for certification to SBA via SBA’s VetCert database at https://veterans.certify.sba.gov on or
before December 31, 2023.
Service-Disabled Veteran-Owned Small Business (SDVOSB) Program means a program that
authorizes contracting officers to limit competition, including award on a sole-source basis, to
SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—(1) Means a concern, including its affiliates, that is
independently owned and operated, not dominant in its field of operation, and qualified as a
small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom
directly or indirectly controls or has the power to control the others, or a third party or parties
control or have the power to control the others. In determining whether affiliation exists,
consideration is given to all appropriate factors including common ownership, common
management, and contractual relationships. SBA determines affiliation based on the factors set
forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small
business concern under the size standard applicable to the acquisition, that—
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(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR
124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and
economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the
United States; and
(ii) Each individual claiming economic disadvantage has a net worth not
exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR
124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as
defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of
this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and
carrying out the affairs of the predecessor under a new name (often through acquisition or
merger). The term “successor” does not include new offices/divisions of the same company or a
company that only changes its name. The extent of the responsibility of the successor for the
liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned and controlled by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or
more veterans.
Women-owned business concern means a concern which is at least 51 percent owned by
one or more women; or in the case of any publicly owned business, at least 51 percent of its
stock is owned by one or more women; and whose management and daily business operations
are controlled by one or more women.
Women-owned small business concern means a small business concern—
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(1) That is at least 51 percent owned by one or more women; or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or more
women; and
(2) Whose management and daily business operations are controlled by one or more
women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in
accordance with 13 CFR part 127), means a small business concern that is at least 51 percent
directly and unconditionally owned by, and the management and daily business operations of
which are controlled by, one or more women who are citizens of the United States, and the
concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR
127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in
paragraph (b)(2) of this provision do not automatically change the representations and
certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically
in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror
verifies by submission of this offer that the representations and certifications currently posted
electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial
Products and Commercial Services, have been entered or updated in the last 12 months, are
current, accurate, complete, and applicable to this solicitation (including the business size
standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer
is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for
paragraphs ____.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the
offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer
and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result
in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for
supplies to be delivered or services to be performed in the United States or its outlying areas, or
when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all
that apply.
(1) Small business concern. The offeror represents as part of its offer that—
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(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements
of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and
unique entity identifier of each party to the joint venture: __.]
(2) Veteran-owned small business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as
part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business (SDVOSB) concern. [Complete only
if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of
this provision.] The offeror represents as part of its offer that it □ is, □ is not an SDVOSB
concern.
(4) Service-disabled veteran-owned small business (SDVOSB) concern joint venture
eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror
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. [The offeror shall enter the name and
unique entity identifier of each party to the joint venture: __.]
(5) Small disadvantaged business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents
that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(6) Women-owned small business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents
that it □ is, □ is not a women-owned small business concern.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it
□ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through
(c). [The offeror shall enter the name and unique entity identifier of each party to the joint
venture:__.]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint
venture. The offeror represents that it □ is, □ is not a joint venture that complies with the
requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique
entity identifier of each party to the joint venture:__.]
Note to paragraphs (c)(9) and (10):
Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the
simplified acquisition threshold.
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(9) Women-owned business concern (other than small business concern). [Complete
only if the offeror is a women-owned business concern and did not represent itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, a
women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50
percent of the contract price:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as
a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of
its offer, that—
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this
representation, as having been certified by SBA as a HUBZone small business concern in the
Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of
HUBZone residents of 35 percent of its employees during performance of a HUBZone contract
(see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of
13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of
each party to the joint venture:__.] Each HUBZone small business concern participating in the
HUBZone joint venture shall provide representation of its HUBZone status.
(d) Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that—
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the
Equal Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It □ has developed and has on file, □ has not developed and does not have on file,
at each establishment, affirmative action programs required by rules and regulations of the
Secretary of Labor (41 CFR parts 60–1 and 60–2), or
(ii) It □ has not previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of Labor.
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(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).
(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the
offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with the award of any
resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a
lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete
and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
provide the name of the registrants. The offeror need not report regularly employed officers or
employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation
(FAR) 52.225–1, Buy American—Supplies, is included in this solicitation.)
(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2)
of this provision, is a domestic end product and that each domestic end product listed in
paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in
the United States that do not qualify as domestic end products. For those foreign end products
that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror
shall also indicate whether these foreign end products exceed 55 percent domestic content,
except for those that are COTS items. If the percentage of the domestic content is unknown,
select “no”.
(iii) The Offeror shall separately list the line item numbers of domestic end products
that contain a critical component (see FAR 25.105).
(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical
component,” “domestic end product,” “end product,” “foreign end product,” and “United States”
are defined in the clause of this solicitation entitled “Buy American-Supplies.”
(2) Foreign End Products:
Exceeds 55%
Line Item No. Country of origin domestic content
(yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No. ______
[List as necessary]
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(4) The Government will evaluate offers in accordance with the policies and procedures
of FAR part 25.
(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only
if the clause at FAR 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act, is
included in this solicitation.)
(i)(A) The Offeror certifies that each end product, except those listed in paragraph
(g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product
listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
product,” “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic
end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free
Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in
the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade
Act.”
(ii) The Offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end
products) or Israeli end products as defined in the clause of this solicitation entitled “Buy
American—Free Trade Agreements—Israeli Trade Act.”
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani,
Panamanian, or Peruvian End Products) or Israeli End Products:
Line item No. Country of origin
[List as necessary]
(iii) The Offeror shall list those supplies that are foreign end products (other than
those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation
entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The Offeror shall list as
other foreign end products those end products manufactured in the United States that do not
qualify as domestic end products. For those foreign end products that do not consist wholly or
predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether
these foreign end products exceed 55 percent domestic content, except for those that are COTS
items. If the percentage of the domestic content is unknown, select “no”.
Other Foreign End Products:
Exceeds 55% domestic content
Line Item No. Country of origin
(yes/no)
[List as necessary]
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(iv) The Offeror shall list the line item numbers of domestic end products that contain
a critical component (see FAR 25.105).
Line Item No. ______
[List as necessary]
(v) The Government will evaluate offers in accordance with the policies and
procedures of FAR part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.
If Alternate II to the clause at FAR 52.225–3 is included in this solicitation, substitute the
following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined
in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade
Act”:
Israeli End Products:
Line Item No.
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.
If Alternate III to the clause at FAR 52.225–3 is included in this solicitation, substitute the
following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country
end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end
products) or Israeli end products as defined in the clause of this solicitation entitled “Buy
American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan,
Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line item No. Country of origin
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225–5, Trade
Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph
(g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the
clause of this solicitation entitled “Trade Agreements”.
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(ii) The offeror shall list as other end products those end products that are not U.S.-
made or designated country end products.
Other End Products:
Line item No. Country of origin
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will
evaluate offers of U.S.-made or designated country end products without regard to the
restrictions of the Buy American statute. The Government will consider for award only offers of
U.S.-made or designated country end products unless the Contracting Officer determines that
there are no offers for such products or that the offers for such products are insufficient to fulfill
the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if
the contract value is expected to exceed the simplified acquisition threshold.) The offeror
certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of
or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a Federal, state or local
government contract or subcontract; violation of Federal or state antitrust statutes relating to the
submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal criminal tax laws,
or receiving stolen property,
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a
Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of
this clause; and
(4) Have,□ have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds the threshold at 9.104–5(a)(2) for which the
liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it
has been assessed. A liability is not finally determined if there is a pending administrative or
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judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally
determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is
not delinquent in cases where enforced collection action is precluded.
(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under
I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.
This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax
Court review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax
liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to
request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal
to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the
taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior
opportunity to contest the liability. This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the
taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §
6159. The taxpayer is making timely payments and is in full compliance with the agreement
terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full
payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not
delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy
Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products
(Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end
products being acquired under this solicitation that are included in the List of Products
Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at
22.1503(b).]
(1) Listed end products.
Listed countries of
Listed end product
origin
(2) Certification. [If the Contracting Officer has identified end products and countries of
origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or
(i)(2)(ii) by checking the appropriate block.]
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□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this
provision that was mined, produced, or manufactured in the corresponding country as listed for
that product.
□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision
that was mined, produced, or manufactured in the corresponding country as listed for that
product. The offeror certifies that it has made a good faith effort to determine whether forced or
indentured child labor was used to mine, produce, or manufacture any such end product
furnished under this contract. On the basis of those efforts, the offeror certifies that it is not
aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the
acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate
whether the place of manufacture of the end products it expects to provide in response to this
solicitation is predominantly—
(1) □ In the United States (Check this box if the total anticipated price of offered end
products manufactured in the United States exceeds the total anticipated price of offered end
products manufactured outside the United States); or
(2) □ Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor
Standards. (Certification by the offeror as to its compliance with respect to the contract also
constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt
services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2)
applies.]
□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR
22.1003–4(c)(1). The offeror □ does □ does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for
other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the
case of an exempt subcontract) in substantial quantities to the general public in the course of
normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established
catalog or market prices (see FAR 22.1003–4(c)(2)(ii)) for the maintenance, calibration, or repair
of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees
performing work under the contract will be the same as that used for these employees and
equivalent employees servicing the same equipment of commercial customers.
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□ (2) Certain services as described in FAR 22.1003–4(d)(1). The offeror □ does □ does
not certify that—
(i) The services under the contract are offered and sold regularly to non-
Governmental customers, and are provided by the offeror (or subcontractor in the case of an
exempt subcontract) to the general public in substantial quantities in the course of normal
business operations;
(ii) The contract services will be furnished at prices that are, or are based on,
established catalog or market prices (see FAR 22.1003–4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will
spend only a small portion of his or her time (a monthly average of less than 20 percent of the
available hours on an annualized basis, or less than 20 percent of available hours during the
contract period if the contract period is less than a month) servicing the Government contract;
and
(iv) The compensation (wage and fringe benefits) plan for all service employees
performing work under the contract is the same as that used for these employees and equivalent
employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the
Contracting Officer did not attach a Service Contract Labor Standards wage determination to the
solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails
to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the
Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable
if the offeror is required to provide this information to SAM to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5)
of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent
amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If
the resulting contract is subject to the payment reporting requirements described in FAR 4.904,
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the TIN provided hereunder may be matched with IRS records to verify the accuracy of the
offeror's TIN.
(3) Taxpayer Identification Number (TIN).
□ TIN: __________.
□ TIN has been applied for.
□ TIN is not required because:
□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does
not have income effectively connected with the conduct of a trade or business in the United
States and does not have an office or place of business or a fiscal paying agent in the United
States;
□ Offeror is an agency or instrumentality of a foreign government;
□ Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
□ Sole proprietorship;
□ Partnership;
□ Corporate entity (not tax-exempt);
□ Corporate entity (tax-exempt);
□ Government entity (Federal, State, or local);
□ Foreign government;
□ International organization per 26 CFR 1.6049–4;
□ Other _____.
(5) Common parent.
□ Offeror is not owned or controlled by a common parent;
□ Name and TIN of common parent:
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Name __________.
TIN __________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies
that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government
agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation,
unless the exception at 9.108–2(b) applies or the requirement is waived in accordance with the
procedures at 9.108–4.
(2) Representation. The Offeror represents that—
(i) It □ is, □ is not an inverted domestic corporation; and
(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions
relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the
Department of State at CISADA106@state.gov.
(2) Representation and certifications. Unless a waiver is granted or an exception applies
as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—
(i) Represents, to the best of its knowledge and belief, that the offeror does not export
any sensitive technology to the government of Iran or any entities or individuals owned or
controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does
not engage in any activities for which sanctions may be imposed under section 5 of the Iran
Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does
not knowingly engage in any transaction that exceeds the threshold at FAR 25.703–2(a)(2) with
Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and
interests in property of which are blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked
Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision
do not apply if—
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(i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a
comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated
country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a
requirement to be registered in SAM or a requirement to have a unique entity identifer in the
solicitation).
(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the
Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall
respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in
the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the
following information:
Immediate owner CAGE code: ____.
Immediate owner legal name: ____.
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity: □ Yes or □ No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that
the immediate owner is owned or controlled by another entity, then enter the following
information:
Highest-level owner CAGE code: ____.
Highest-level owner legal name: ____.
(Do not use a “doing business as” name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony
Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235), and similar
provisions, if contained in subsequent appropriations acts, The Government will not enter into a
contract with any corporation that—
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has
considered suspension or debarment of the corporation and made a determination that suspension
or debarment is not necessary to protect the interests of the Government; or
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(ii) Was convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless an agency
has considered suspension or debarment of the corporation and made a determination that this
action is not necessary to protect the interests of the Government.
(2) The Offeror represents that—
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation
under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204–
16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a
Federal contract or grant within the last three years.
(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the
following information for all predecessors that held a Federal contract or grant within the last
three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
(s) [Reserved]
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all
solicitations that require offerors to register in SAM (12.301(d)(1)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in
contract awards in the prior Federal fiscal year. The representation is optional if the Offeror
received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly
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accessible Web site the results of a greenhouse gas inventory, performed in accordance with an
accounting standard with publicly available and consistently applied criteria, such as the
Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ]
does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e.,
make available on a publicly accessible Web site a target to reduce absolute emissions or
emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a
recognized, third-party greenhouse gas emissions reporting program.
(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision,
respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas
emissions and/or reduction goals are reported.
(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions), Government agencies
are not permitted to use appropriated (or otherwise made available) funds for contracts with an
entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or
abuse to sign internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative of a Federal department or
agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene
requirements applicable to Standard Form 312 (Classified Information Nondisclosure
Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or
any other form issued by a Federal department or agency governing the nondisclosure of
classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not
require its employees or subcontractors to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors
from lawfully reporting waste, fraud, or abuse related to the performance of a Government
contract to a designated investigative or law enforcement representative of a Federal department
or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(v) Covered Telecommunications Equipment or Services—Representation. Section
889(a)(1)(A) and section 889 (a)(1)(B) of Public Law 115–232.
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(1) The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards
for “covered telecommunications equipment or services”.
(2) The Offeror represents that—
(i) It [ ] does, [ ] does not provide covered telecommunications equipment or services
as a part of its offered products or services to the Government in the performance of any
contract, subcontract, or other contractual instrument.
(ii) After conducting a reasonable inquiry for purposes of this representation, that it [
] does, [ ] does not use covered telecommunications equipment or services, or any equipment,
system, or service that uses covered telecommunications equipment or services.
(End of provision)
Alternate I (JAN 2024). As prescribed in 12.301(b)(2), add the following paragraph (c)(12)
to the basic provision:
(c)(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of
this provision.)
__ Black American.
__ Hispanic American.
__ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
__Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia,
Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam,
Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong
Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
__ Subcontinent Asian (Asian-Indian) American (persons with origins from India,
Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
__ Individual/concern, other than one of the preceding.
(End of provision)
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52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders—Commercial Products and Commercial Services (DEVIATION 2024-O0002).
Insert the following clause in solicitations and contracts that are set-aside for, or that are for
the sole-source award of a contract, under the Service-Disabled Veteran-Owned Small Business
Program and that are for the acquisition of commercial products or commercial services.
OFFEROR REPRESENTATION AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2024-O0002)
(JAN 2024)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services (JAN 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section
1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233–3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233–4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108–77 and 108–78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to
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implement provisions of law or Executive orders applicable to acquisitions of commercial
products and commercial services: [Contracting Officer check as appropriate.]
__ (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020),
with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655)
__ (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41
U.S.C. 3509).
__ (3) 52.203–15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111–5). (Applies to contracts
funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable
elements of the intelligence community—see FAR 3.900(a).
__ (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
__ (6) [Reserved]
__ (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–
117, section 743 of Div. C).
__ (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
__ (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section
102 of Division R of Pub. L. 117–328).
__ (10) 52.209–6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101
note).
__ (11) 52.209–9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) (41 U.S.C. 2313).
__ (12) [Reserved]
__ (13) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15
U.S.C. 657a).
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__ (14) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its
offer) (15 U.S.C. 657a).
__ (15) [Reserved]
__ (16)(i) 52.219–6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
__ (ii) Alternate I (MAR 2020) of 52.219–6.
__ (17)(i) 52.219–7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
__(ii) Alternate I (MAR 2020) of 52.219–7.
__ (18) 52.219–8, Utilization of Small Business Concerns (DEVIATION 2024-O0002)
(JAN 2024) (15 U.S.C. 637(d)(2) and (3)).
___ (19)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C.
637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219–9.
__ (iii) Alternate II (NOV 2016) of 52.219–9.
__ (iv) Alternate III (JUN 2020) of 52.219–9.
__ (v) Alternate IV (SEP 2023) of 52.219–9.
__ (20)(i) 52.219–13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219–13.
__ (21) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
__ (22) 52.219–16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (23) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the Service-Disabled
Veteran-Owned Small Business Program (DEVIATION 2024-O0002) (JAN2024) (15 U.S.C.
657f).
__ (24)(i) 52.219–28, Post-Award Small Business Program Rerepresentation
(DEVIATION 2024-O0002) (JAN 2024) (15 U.S.C. 632(a)(2)).
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__ (ii) Alternate I (MAR 2020) of 52.219–28.
__ (25) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
__ (26) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned
Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT
2022) (15 U.S.C. 637(m)).
__ (27) 52.219–32, Orders Issued Directly Under Small Business Reserves (MAR 2020)
(15 U.S.C. 644(r)).
__ (28) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
__ (29) 52.222–3, Convict Labor (JUN 2003) (E.O. 11755).
__ (30) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC
2022) (E.O. 13126).
__ (31) 52.222–21, Prohibition of Segregated Facilities (APR 2015).
__ (32)(i) 52.222–26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222–26.
__ (33)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222–35.
__ (34)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29
U.S.C. 793).
__ (ii) Alternate I (July 2014) of 52.222–36.
__ (35) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
__ (36) 52.222–40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
__ (37)(i) 52.222–50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter
78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222–50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (38) 52.222–54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)
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__ (39)(i) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition
of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223–9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to
the acquisition of commercially available off-the-shelf items.)
__ (40) 52.223–11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (41) 52.223–12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (42)(i) 52.223–13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223–13.
__ (43)(i) 52.223–14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223–14.
__ (44) 52.223–15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42
U.S.C. 8259b).
__ (45)(i) 52.223–16, Acquisition of EPEAT®-Registered Personal Computer Products
(OCT 2015) (E.O.s 13423 and 13514). __
__ (ii) Alternate I (Jun 2014) of 52.223–16.
__ (46) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (JUN 2020) (E.O. 13513).
__ (47) 52.223–20, Aerosols (JUN 2016) (E.O. 13693).
__ (48) 52.223–21, Foams (JUN 2016) (E.O. 13693).
__ (49)(i) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224–3.
__ (50)(i) 52.225–1, Buy American—Supplies (OCT 2022)) (41 U.S.C. chapter 83).
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__ (ii) Alternate I (OCT 2022) of 52.225–1.
__ (51)(i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC
2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19
U.S.C. chapter 29 (sections 4501–4732), Public Law 103–182, 108–77, 108–78, 108–286, 108–
302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225–3.
__ (iv) Alternate III (JAN 2021) of 52.225–3.
__ (v) Alternate IV (OCT 2022) of 52.225–3.
__ (52) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__ (53) 52.225–13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
__ (54) 52.225–26, Contractors Performing Private Security Functions Outside the
United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act
for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (55) 52.226–4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42
U.S.C. 5150).
__ (56) 52.226–5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
__ (57) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
__ (58) 52.232–29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
__ (59) 52.232–30, Installment Payments for Commercial Products and Commercial
Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (60) 52.232–33, Payment by Electronic Funds Transfer—System for Award
Management (OCT 2018) (31 U.S.C. 3332).
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__ (61) 52.232–34, Payment by Electronic Funds Transfer—Other than System for
Award Management (JUL 2013) (31 U.S.C. 3332).
__ (62) 52.232–36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (63) 52.239–1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (64) 52.242–5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
__ (65)(i) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(NOV2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247–64.
__ (iii) Alternate II (NOV 2021) of 52.247–64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial products and commercial services: [Contracting Officer check as
appropriate.]
__ (1) 52.222–41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
__ (2) 52.222–42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222–43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 52.222–44, Fair Labor Standards Act and Service Contract Labor Standards—
Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
__ (5) 52.222–51, Exemption from Application of the Service Contract Labor Standards
to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements
(MAY 2014) (41 U.S.C. chapter 67).
__ (6) 52.222–53, Exemption from Application of the Service Contract Labor Standards
to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
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__ (8) 52.222–62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
__ (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in
excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of
this contract, and does not contain the clause at 52.215–2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after
any resulting final termination settlement. Records relating to appeals under the disputes clause
or to litigation or the settlement of claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of
this clause, the Contractor is not required to flow down any FAR clause, other than those in this
paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless
otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41
U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712).
(iii) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements
or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in
subsequent appropriations acts (and as extended in continuing resolutions)).
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(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section
1634 of Pub. L. 115–91).
(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–
232).
(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023)
(Section 102 of Division R of Pub. L. 117–328).
(vii) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (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.
(viii) 52.222–21, Prohibition of Segregated Facilities (APR 2015).
(ix) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(x) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29
U.S.C. 793).
(xii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiii) 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.
(xiv) 52.222–41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter
67).
(xv) __ (A) 52.222–50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.
chapter 78 and E.O. 13627).
__ (B) Alternate I (Mar 2015) of 52.222–50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvi) 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).
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(xvii) 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).
(xviii) 52.222–54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xix) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(xx) 52.222–62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(xxi)(A) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224–3.
(xxii) 52.225–26, Contractors Performing Private Security Functions Outside the
United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act
for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiii) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause
52.226–6.
(xxiv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors
(MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with
paragraph (c) of 52.232–40.
(xxv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247–64.
(2) While not required, the Contractor may include in its subcontracts for commercial
products and commercial services a minimal number of additional clauses necessary to satisfy its
contractual obligations.
(End of clause)
Alternate I (JAN 2024). Use the deviation clause with its Alternate I when the head of the
agency has waived the examination of records by the Comptroller General in accordance with
FAR 25.1001 and delete paragraph (d) from the basic deviation clause, redesignate paragraph (e)
as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the
redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.
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Alternate II (JAN 2024). If the acquisition will use funds appropriated or otherwise made
available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5), the
contracting officer shall use the deviation clause with its Alternate II and substitute the following
paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General
appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an
authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and
involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this
clause, the Contractor is not required to flow down any FAR clause in a subcontract for
commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except
the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below,
the extent of the flow down shall be as required by the clause—
(A) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41
U.S.C. 3509).
(B) 52.203–15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111–5).
(C) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41
U.S.C. 4712).
(D) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section
1634 of Pub. L. 115–91).
(E) 52.204–25, Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–
232).
(F) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023)
(Section 102 of Division R of Pub. L. 117–328).
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(G) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (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) 52.222–21, Prohibition of Segregated Facilities (APR 2015).
(I) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(J) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(K) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29
U.S.C. 793).
(L) 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.
(M) 52.222–41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter
67).
(N) __ (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).
(O) 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).
(P) 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).
(Q) 52.222–54, Employment Eligibility Verification (MAY 2022) (Executive
Order 12989).
(R) 52.222–55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(S) 52.222–62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)(E.O.
13706).
Page 12 of 13
Attachment 2
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(T) (1) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(2) Alternate I (JAN 2017) of 52.224–3.
(U) 52.225–26, Contractors Performing Private Security Functions Outside the
United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act
for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(V) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations.
(JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR
clause 52.226–6.
(W) 52.232–40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in
accordance with paragraph (c) of 52.232–40.
(X) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247–64.
(End of clause)
Page 13 of 13
Attachment 3
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
52.219-1 Small Business Program Representations (DEVIATION 2024-O0002).
Insert the following deviation provision with its Alternate I in solicitations exceeding the
micro-purchase threshold when the contract is for supplies to be delivered or services to be
performed in the United States or its outlying areas, or when the contracting officer has applied
this part in accordance with 19.000(b)(1)(ii).
SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2024-O0002)
(JAN 2024)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a
small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who
are citizens of the United States and who are economically disadvantaged in accordance with 13
CFR part 127, and the concern is certified by SBA or an approved third-party certifier in
accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business
concern eligible under the WOSB Program.
Service-disabled veteran-owned small business (SDVOSB) concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one and controlled by one or
more service-disabled veterans or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one
or more service-disabled veterans or, in the case of a service-disabled veteran with permanent
and severe disability, the spouse or permanent caregiver of such veteran; or
(iii) A small business concern eligible under the SDVOSB Program in accordance
with 13 CFR part 128.
(2) Service-disabled veteran, as used in this definition, means a veteran, as defined in
38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and
who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor
system that is maintained by the Department of Veterans Affairs’ Veterans Benefits
Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the
SDVOSB Program, means an SDVOSB concern that either—
Page 1 of 5
Attachment 3
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(1) Effective January 1, 2024, is designated in the SBA Veteran Certification Small Business
(VetCert) database at https://veterans.certify.sba.gov as certified by SBA in accordance with 13 CFR
128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete
application for certification to SBA via SBA’s VetCert database at https://veterans.certify.sba.gov on or
before December 31, 2023.
Service-Disabled Veteran-Owned Small Business (SDVOSB) Program means a program
that authorizes contracting officers to limit competition, including award on a sole-source basis,
to SDVOSB concerns eligible under the SDVOSB Program.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small
business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR
124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and
economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the
United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
and
(2) The management and daily business operations of which are controlled (as defined at
13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this
definition.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned and controlled by one or more veterans
(as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or
more veterans.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or more
women; and
Page 2 of 5
Attachment 3
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(2) Whose management and daily business operations are controlled by one or more
women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in
accordance with 13 CFR part 127) means a small business concern that is at least 51 percent
directly and unconditionally owned by, and the management and daily business operations of
which are controlled by, one or more women who are citizens of the United States, and the
concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR
127.300.
(b) (1) The North American Industry Classification System (NAICS) code for this acquisition
is ________ [insert NAICS code].
(2) The small business size standard is _______ [insert size standard].
(3) The small business size standard for a concern that submits an offer, other than on a
construction or service acquisition, but proposes to furnish an end item that it did not itself
manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition
threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless
the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically
disadvantaged women-owned, or women-owned small business set-aside or sole-source award
regardless of dollar value.
(c) Representations. (1) The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements
of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and
unique entity identifier of each party to the joint venture: __.]
(2) [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small
disadvantaged business concern as defined in 13 CFR 124.1002.
Page 3 of 5
Attachment 3
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(3) [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents as part of its offer 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 offeror represents as part of its offer that it □ is, □ is not a joint venture that
complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror 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 offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with
the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and
unique entity identifier of each party to the joint venture: __.]
(6) Veteran-owned small business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as
part of its offer that it □ is, □ is not a veteran-owned small business concern.
(7) Service-disabled veteran-owned small business concern. [Complete only if the
offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this
provision.] The offeror represents as part of its offer 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. [Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(6) of this provision.] It □ is, □ is not a service-disabled
veteran-owned joint venture that complies with the requirements of 13 CFR 128.402. [ The
offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(9) [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this
representation, as having been certified by SBA as a HUBZone small business concern in the
Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of
HUBZone residents of 35 percent of its employees during performance of a HUBZone contract
(see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of
13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of
each party to the joint venture: __.] Each HUBZone small business concern participating in the
HUBZone joint venture shall provide representation of its HUBZone status.
Page 4 of 5
Attachment 3
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a
business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-
owned small, economically disadvantaged women-owned small, or women-owned small eligible
under the WOSB Program in order to obtain a contract to be awarded under the preference
programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any
other provision of Federal law that specifically references section 8(d) for a definition of
program eligibility, shall-
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
Alternate I (JAN 2024). Add the following paragraph (c)(10) to the deviation provision:
(c)(10) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this
provision. The offeror shall check the category in which its ownership falls:
__ Black American.
__ Hispanic American.
__ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
__ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia,
Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam,
Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong
Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
__ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
__ Individual/concern, other than one of the preceding.
(End of provision)
Page 5 of 5
Attachment 4
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
52.219-8 Utilization of Small Business Concerns (DEVIATION 2024-O0002).
Insert the following deviation clause in solicitations and contracts that are set aside for
service-disabled veteran-owned small business concerns under the service-disabled veteran-
owned small business program and when the contract amount is expected to exceed the
simplified acquisition threshold unless-
(a) A personal services contract is contemplated (see 37.104); or
(b) The contract, together with all of its subcontracts, will be performed entirely outside
of the United States and its outlying areas.
UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION 2024-O0002)
(JAN 2024)
(a) Definitions. As used in this contract—
HUBZone small business concern means a small business concern that meets the
requirements described in 13 CFR 126.200, certified by the Small Business Administration
(SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small
Business Search (DSBS) and SAM.
Service-disabled veteran-owned small business (SDVOSB) concern—
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned and controlled by one or more
service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent
of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one
or more service-disabled veterans or, in the case of a service-disabled veteran with permanent
and severe disability, the spouse or permanent caregiver of such veteran; or
(iii) A small business concern eligible under the SDVOSB Program in accordance
with 13 CFR part 128.
(2) Service-disabled veteran, as used in this definition, means a veteran, as defined in
38 U.S.C.101 (2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and
who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor
system that is maintained by the Department of Veterans Affairs’ Veterans Benefits
Administration, as a service-disabled veteran.
Page 1 of 4
Attachment 4
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the
SDVOSB Program, means an SDVOSB concern that is either—
(1) Effective January 1, 2024, is designated in SBA’s Veteran Certification Small Business
(VetCert) database at https://veterans.certify.sba.gov as certified by SBA in accordance with 13 CFR
128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete
application for certification to SBA via SBA’s VetCert database at https://veterans.certify.sba.gov on or
before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program
that authorizes contracting officers to limit competition, including award on a sole-source basis,
to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern means a concern, including its affiliates, that is independently
owned and operated, not dominant in its field of operation and qualified as a small business
under the criteria and size standards in 13 CFR part 121, including the size standard that
corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small
business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR
124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and
economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the
United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set
forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined
at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this
definition.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned and controlled by one or more veterans
(as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more veterans; and
Page 2 of 4
Attachment 4
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(2) The management and daily business operations of which are controlled by one or
more veterans.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women, or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or more
women; and
(2) Whose management and daily business operations are controlled by one or more
women.
(b) It is the policy of the United States that small business concerns, veteran-owned small
business concerns, service-disabled veteran-owned small business concerns, HUBZone small
business concerns, small disadvantaged business concerns, and women-owned small business
concerns shall have the maximum practicable opportunity to participate in performing contracts
let by any Federal agency, including contracts and subcontracts for subsystems, assemblies,
components, and related services for major systems. It is further the policy of the United States
that its prime contractors establish procedures to ensure the timely payment of amounts due
pursuant to the terms of their subcontracts with small business concerns, veteran-owned small
business concerns, SDVOSB concerns, HUBZone small business concerns, small disadvantaged
business concerns, and women-owned small business concerns.
(c) (1) A joint venture qualifies as a small business concern if—
(i) Each party to the joint venture qualifies as small under the size standard for the
solicitation; or
(ii) The protégé is small under the size standard for the solicitation in a joint
venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a
SBA mentor-protégé program.
(2) A joint venture qualifies as a HUBZone small business concern if it complies with
the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts
to the fullest extent consistent with efficient contract performance. The Contractor further agrees
to cooperate in any studies or surveys as may be conducted by the United States Small Business
Administration or the awarding agency of the United States as may be necessary to determine the
extent of the Contractor's compliance with this clause.
(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
Page 3 of 4
Attachment 4
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
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–
(i) The subcontractor is registered in SAM; and
(ii) The subcontractor represents that the size and socioeconomic status
representations made in SAM are current, accurate and complete as of the date of the offer for
the subcontract.
(3) The Contractor may not require the use of SAM for the purposes of representing
size or socioeconomic status in connection with a subcontract.
(4) In accordance with 13 CFR 121.411, 126.900, 127.700 and 128.600, a contractor
acting in good faith is not liable for misrepresentations made by its subcontractors regarding the
subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a
HUBZone small business concern is certified by SBA as a HUBZone small business concern by
accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the
subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint
venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm
the representation by accessing SAM.
(End of clause)
Page 4 of 4
Attachment 5
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(DEVIATION 2024-O0002).
Insert the following deviation clause in solicitations and contracts for acquisitions that are set
aside for, or awarded on a sole source basis to, service-disabled veteran-owned small business
concerns. This includes multiple-award contracts when orders may be set aside for service-
disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F):
NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEVIATION
2024-O0002) (JAN 2024)
(a) Definition. Service-disabled veteran-owned small business concern (SDVOSB) concern—
(1) Means a small business concern–
(i) Not less than 51 percent of which is owned and controlled by one or more service-
disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the
stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or
more service-disabled veterans or, in the case of a service-disabled veteran with permanent and
severe disability, the spouse or permanent caregiver of such veteran; or
(iii) A small business concern eligible under the SDVOSB Program in accordance
with 13 CFR part 128.
(2) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38
U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16); and
who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor
system that is maintained by the Department of Veterans Affairs’ Veterans Benefits
Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the
SDVOSB Program means an SDVOSB concern that either—
(1) Effective January 1, 2024, is designated as certified by the Small Business
Administration (SBA) in the SBA Veteran Certification Small Business (VetCert) database at
https://veterans.certify.sba.gov in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in the System for Award
Management (SAM) and submitted a complete application for certification to SBA via the SBA
VetCert database at https://veterans.certify.sba.gov on or before December 31, 2023.
Page 1 of 3
Attachment 5
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
Service-Disabled Veteran-Owned Small Business (SDVOSB) Program means a program
that authorizes contracting officers to limit competition, including award on a sole-source basis,
to SDVOSB concerns eligible under the SDVOSB Program.
(b) Applicability. This clause applies only to—
(1) Contracts that have been set aside for, or awarded on a sole-source basis to,
SDVOSB concerns eligible under the SDVOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for SDVOSB
concerns eligible under the SDVOSB Program;
(3) Orders set aside for SDVOSB concerns eligible under the SDVOSB Program under
multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to SDVOSB concerns eligible under the SDVOSB Program
under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General. Effective January 1, 2024, for SDVOSB set-aside or sole-source procurements,
offers are solicited only from certified SDVOSB concerns, and awards resulting from this
solicitation will be made only to a concern that either—
(1) Is designated in SBA’s Veteran Certification Small Business (VetCert) database as an
SDVOSB concern certified by SBA; or
(2) Has represented its status as an SDVOSB concern in SAM and has submitted a
complete application for certification to SBA via SBA’s VetCert database at
https://veterans.certify.sba.gov on or before December 31, 2023. Offers received from concerns
that do not meet the criteria of paragraph (c)(1) or (2) of this clause shall not be considered.
(d) A joint venture may be considered an SDVOSB concern if—
(1) The managing partner of the joint venture complies with the criteria at paragraph
(c)(1) or (2) of this clause and in 13 CFR 128.402(a) through (c); and
(2) Each party to the joint venture is small under the size standard corresponding to the
NAICS code assigned to the procurement, or the protégé is small under the size standard
corresponding to the NAICS code assigned to the procurement in a joint venture comprised of a
mentor and protégé with an approved mentor-protégé agreement under an SBA mentor-protégé
program.
Page 2 of 3
Attachment 5
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
(e) In a joint venture that complies with paragraph (d) of this clause, the SDVOSB party or
parties to the joint venture shall perform at least 40 percent of the work performed by the joint
venture. Work performed by the SDVOSB party or parties to the joint venture must be more than
administrative functions.
(End of clause)
Page 3 of 3
Attachment 6
Class Deviation 2024-O0002
The Service-Disabled Veteran-Owned Small Business Program
Changes are indicated by a change bar in the right-hand margin.
52.219-28 Post-Award Small Business Program Rerepresentation (DEVIATION 2024-
O0002).
Insert the following deviation clause in solicitations and contracts exceeding the micro-
purchase threshold to be set aside for, or to be awarded on a sole source basis to, service-disabled
veteran-owned small business concerns, when the contract is for supplies to be delivered or
services to be performed in the United States or its outlying areas, or when the contracting
officer has applied FAR part 19.3 in accordance with FAR 19.000(b)(1):
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION 2024-O0002)
(JAN 2024)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including
options. However, the term does not include contracts that exceed five years in duration because
the period of performance has been extended for a cumulative period not to exceed six months
under the clause at 52.217–8, Option to Extend Services, or other appropriate authority.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and
operated, not dominant in its field of operation, and qualified as a small business under the
criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom
directly or indirectly controls or has the power to control the others, or a third party or parties
control or have the power to control the others. In determining whether affiliation exists,
consideration is given to all appropriate factors including common ownership, common
management, and contractual relationships. SBA determines affiliation based on the factors set
forth at 13 CFR 121.103.
(b) 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, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after
modification of the contract to include this clause, if the novation agreement was executed prior
to inclusion of this clause in the contract.
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(2) Within 30 days after a merger or acquisition that does not require a novation or within
30 days after modification of the contract to include this clause, if the merger or acquisition
occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising
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.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in
effect at the time of this rerepresentation that corresponds to the North American Industry
Classification System (NAICS) code(s) assigned to this contract. The small business size
standard corresponding to this NAICS code(s) can be found at
https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not
manufacture, process, or produce itself, for a contract other than a construction or service
contract, is 500 employees, or 150 employees for information technology value-added resellers
under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition
threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the
Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged
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
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The Service-Disabled Veteran-Owned Small Business Program
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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 Contractor represented that it was other than a small business concern prior to
award of this contract, the Contractor may, but is not required to, take the actions required by
paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not
have a representation in SAM for the NAICS code applicable to this contract, the Contractor is
required to complete the following rerepresentation and submit it to the contracting office, along
with the contract number and the date on which the rerepresentation was completed:
(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 124.1002.
(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). [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.
(8) [Complete only if the Contractor represented itself as a veteran-owned small business
concern in paragraph (h)(6) of this clause.] Service-disabled veteran-owned small business
(SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is,
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□ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the
requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of
each party to the joint venture: __.]
(9) [Complete only if the Contractor represented itself as a small business concern in
paragraph (h)(1) of this clause.] The Contractor represents that—
(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. [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.
[Contractor to sign and date and insert authorized signer's name and title.]
(End of clause)
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