Force and Asset Search Tool (FAAST)
Type of document: Contract Notice
Country: United States
Force and Asset Search Tool (FAAST)
Department of the Army
PO Box 40748 Nashville TN 37204-0748
DANNY H. FREDERICK, Contract Specialist, Phone 6153132668, Email firstname.lastname@example.org
Combined synopsis/solicitation for the
This is a combined synopsis/solicitation for the G8 Force and Asset Search Tool (FAAST) software subscription prepared in accordance with the format in Subpart 12.101-2 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being solicited and this is the written solicitation. Solicitation number W912L7-19-Q -1302 is hereby issued as a Request for Proposals. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01 effective 20 DEC 2018. This requirement is being advertised SMALL BUSINESS set-aside and the North American size standard is $27.5M Industry Classification System (NAICS) Code is 541512.
Proposals are due in this office no later than 28 MAR 2019, THUR @ 1:00pm (CST). Questions are due NLT 25 March 2019 @ 12:00 P.M. CST submitted to LTC Krystal Cherry at email@example.com. The proposal should be emailed to Point of Contact (POC) referencing this solicitation is MAJ Danny Frederick at 615-313-2668. All information and requirements are listed in the Specifications sheet. Evaluation factors for this firm-fixed price award are based on ability to meet the requirements of the Specifications and lowest price technically acceptable by the government. Offeror MUST provide Tax ID and CAGE Code and DUNN’s # with proposal. Offeror must be certified in www.SAM.gov). This will be a determining factor in the award process if the offeror is not current in their certification. .
THIS SOLICIATION WILL CLOSE 28 March 2019, THURSDAY @ 1:00pm (CST)
Description: 1- Year License to Force and Asset Search Tool (1 each)
See Specifications and Technical Exhibit 1
Description: One-day training events per Technical Exhibit 1 (2 each)
Description: Option 1: 1- Year License to Force and Asset Search Tool (1 each)
See Specifications and Technical Exhibit 1
Description: Option 2: 1- Year License to Force and Asset Search Tool (1 each)
See Specifications and Technical Exhibit 1
Subscription to Force and Asset Search Tool (FAAST)
1.1 Scope: The contractor shall provide access to FAAST, a software application (a supply), to all requested Tennessee Army National Guard (TNARNG) personnel in order to conduct asset visibility searches and provide requested functionality of the FAAST transportation module.
1.2 Background: As units participate in both local and contingency operations, movement of equipment and personnel requires visibility at all levels within the chain of command. TNARNG currently does not have a system in place allowing one-stop- shop for the transportation for both equipment and personnel. TNARNG requires an application allowing transportation movement requests (TMRs) to be processed through the approval levels while maintaining visibility to the entire chain of command. In addition to transportation restrictions, units struggle to keep track of and obtain total visibility of their equipment. Global Combat Support System (GCSS)-Army, the current property accountability system of record, restricts visibility of unit equipment through permission settings. This restriction inhibits the chain of command in seeing the ‘full picture’ of their equipment posture.
1.3 Period of Performance: The period of performance will be one (1) Base Year of 12 months and two (2) 12-month option years.
1.4 General Information:
1.4.1 Quality Control (QC):
18.104.22.168. The contractor shall provide real-time property book asset visibility of all TNARNG units, with 100% accuracy and equivalency to GCSS-Army data. The contractor shall obtain daily data pulls from the US Army Logistics Data Analysis Center (LDAC), formally known as Logistics Support Activity (LOGSA). As a minimum the contractor shall provide the technical requirements as identified in Technical Exhibit 1, Salient Characteristics.
22.214.171.124.The Government requires the contractor to provide support in planning, designing, and developing of the FAAST Modifications as defined in the Salient Characteristics. The Contractor shall provide technical direction for software development tasks, including the review of work products for correctness, adherence to the design concept, and for progress in accordance with established schedules. The
contractor shall perform analysis but all decisions remain with the government.
1.4.2. Place and Performance Services:
126.96.36.199. The contractor shall provide access to FAAST software and the required functionality, 24 hours a day, 7 days a week and 365 days per year. The tool shall be accessible from an available Internet connection and from non-military computers using the Common Access Card (CAC). The system shall be off line for scheduled maintenance during off duty hours only (8 P.M. to 5 A.M. Central Standard Time (CST)). Notification shall be sent to all TNARNG users prior to any scheduled disruption in service. The system shall be off line no more than a total of four (4) hours during normal duty hours (6 A.M. to 8 P.M. CST) per month.
188.8.131.52. The contractor shall approve and provide system access to all TNARNG personnel requesting view only user roles (no quantity limitation on roles). The Government will approve roles other than view-only. The contractor shall submit all roles other than view-only to the designated Government point of contact before granting access.
184.108.40.206. The Government shall provide the contractor the TNARNG task organization and any changes thereafter until subscription expires. The contractor shall update the software to reflect any updated task organization changes within 24 hours of receipt.
220.127.116.11. The contractor shall provide asset visibility within FAAST to TNARNG users within 5 days of contract award and receiving the Government provided task organization in order to align the TNARNG force tree in FAAST.
18.104.22.168. The contractor shall provide access to a fully functional transportation module within four (4) weeks of contract award. Fully functional defined by ability to provide technical requirements as identified in Technical Exhibit 1.
22.214.171.124. The contractor shall provide 24-7 access to the online help desk ticket (HDT) system. The contractor shall supply unlimited HDT support (phone and email), during business hours. Business hours defined as 6 A.M. – 4:30 P.M. CST. Requests for view only user role access shall be granted within four (4) business hours. All other HDT requests will be resolved within 24 hours.
126.96.36.199. The contractor shall provide a total of two (2), one (1) day training events. The training events will be conducted on-site at the Governments designated location and will consist of two (2) hands-on, real-time access instructional blocks of instruction. The blocks of instruction will consist of (1) How to use FAAST for asset visibility and property accountability search requirements (as listed in Technical Exhibit 1) and (2) The transportation module functionality (as listed in Technical Exhibit 1). The training days may not be consecutive and may be a different audience. The Government shall supply all equipment necessary for the training event.
188.8.131.52. The contractor shall provide an electronic FAAST “user’s manual” specifically oriented for use by the TNARNG, i.e. focusing on “how to” use the requested functions and “how to” produce the requested reports as mentioned in Technical Exhibit 1. The manual shall include screen shots with detailed instructional comments on the use of the asset visibility tool and step-by-step tutorial on the functionality of the transportation module. The tutorial shall include step-by-step instruction from each permission role perspective, i.e. “Add” and “Approve” permissions. The user manual shall include detailed description and screen shots of the report capabilities of FAAST.
184.108.40.206. Onsite personnel are not required for the services of a Web based application. Personnel in support of query development may be located at the contractor’s facility. Personnel supporting the FAAST application are required to maintain a confidential status of security. No Secret security clearance is required.
220.127.116.11. Contractor shall include three types of permissions: “View only”, “Add”, and “Approve”. The TNARNG United States Property and Fiscal Officer (USPFO)/G8 point of contact (POC) and/or Director of Logistics/G4 point of contract will approve “Add” and “Approve” user roles.
18.104.22.168. The TNARNG G8 and/or G4 POC will provide routing and user role positions for all TNARNG users.
22.214.171.124. Contractor shall allow the upload of supporting documentation in FAAST. File size limit shall be 25MB. Documents will stay in FAAST for the duration of an active subscription with the option to archive or download files in a PDF file format using the same naming convention as saved in FAAST.
1.5 Contract information: the contractor will supply the Cage code, Duns Number, Tax ID and a schedule. The schedule will be subject to change and final approval is by the contracting officer.
1.6 Anti-Terrorism (AT) / Operational Security (OPSEC)
1.6.1. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.6.2. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
1.6.3. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.
TECHNICAL EXHIBIT 1
Salient Characteristics Performance Requirements Summary (PRS)
ASSET VISIBILITY MODULE: The TNARNG property management personnel must perform automated materiel management on a web-based application within an accredited datacenter, and must be hosted on a .MIL site in support of Command activities, contingency operations, exercise support and force transformation to perform the following activities:
a. View total asset visibility of both forward and rear hand receipts;
b. Capability to print reports from search queries;
c. Access to the Automated Deployment Equipment List tool;
d. Access to equipment validation tool for current, first and second future authorization documents;
e. Capability to run Excess and Shortage Equipment Reports by Task Organization queries (include dollar value reporting);
f. Provide dollar value reporting for all equipment queries;
g. Conduct search queries for units by Unit Name;
h. Conduct search queries for units by Unit Identification Code (UIC);
i. Conduct search queries by TNARNG task organization;
j. Conduct search queries by Line Item Number (LIN), National Stock Number (NSN) or Serial Number.
The module shall provide users the ability to filter and view data by the TASK ORGANIZATION (Force Tree) provided by the TNARNG USPFO/G8 point of contact. The queries shall report equipment on hand data by State, Major Support Command (MSC), Battalion (BN) and UIC.
Equipment data shall include but not be limited to:
§ Material Description
§ Material Number/NSN
§ On Hand Stock
§ Storage Location (SLOC) or Sub-Hand Receipt Holder
§ Batch Code or Condition Code
§ Serial Number
§ Supply Categories of Materiel Code (SCMC)
§ Controlled Inventory Item Code (CIIC)
The module shall provide asset managers with a “One Stop” system that furnishes “Asset Visibility” and “Equipment Management” capabilities.
TRANSPORTATION MODULE: The contractor shall provide the capability for users to perform the following activities:
a. Unit request functionality and routing capability resulting in military format Transportation Request Form for required documentation; can be printed or downloaded for auditability as needed;
b. Shall have functionality to show reservation status by UIC, Sub Activity Group (SAG), Transportation Account Code (TAC) and Dates;
c. Shall have reporting capability for download into excel for manipulation;
d. Shall have dollar amount functions for Installation Transportation Office (ITO) to confirm reservation (estimate and final funding amount);
e. Shall be able to key both a vendor estimate and actual cost and maintain in system for historical purposes;
f. Shall have a “Completed” status check box for reporting payment by budget personnel (indicate invoice is paid);
g. Shall be able to annotate awarded vendor info (Carrier) in a text box for all charter bus, charter flight, and TMRs, i.e. Delta, Southwest etc.;
h. Shall have “checkbook” functionality in order to reconcile funding versus expenditures; shall be able to differentiate fiscal year funding versus fiscal year expenditures; shall be able to maintain checkbook functionality based on each fiscal year’s funding; shall be able to filter and produce reports based on the following:
§ Cumulative AFP and Allotment
§ Cumulative total of reservation amount
§ Cumulative total of payments
§ Cumulative balance of difference
i. Shall have the ability to upload convoy requests and supporting documents in pdf and excel format;
j. Shall generate email “Transportation Request” review notifications to appropriate user based on permissions and routing lists;
k. Shall be able to search type of movement request by: TMR, Passenger Movement Bus, Passenger Movement Flight, Convoy;
l. Shall indicate Defense Movement Coordinator (DMC) and ITO in the routing of TMRs;
m. Shall be able to AUTO APPROVE at current user level based on User Permission and level (be able to key and approve a transportation request);
n. Shall include the following dropdowns in the ITO (Passenger) routing platform:
§ Returned To
§ Pending Funding
§ Sourced (MILAIR)
§ Sourced (Commercial)
§ Movement Complete
o. Shall include the following dropdowns in the ITO (Equipment) routing platform:
§ Returned To
§ Pending Funding
§ CBL Processed
p. Shall include the following dropdowns in the DMC (TMR) routing platform:
§ Returned To
§ Approved (FWD to ITO)
Provisions and Clauses
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
System for Award Management
Commercial and Government Entity Code Reporting
Ownership or Control of Offeror
Incorporation by Reference of Representations and Certifications
Basic Safeguarding of Covered Contractor Information Systems
Alternative Line Item Proposal
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
Notice of Standard Competition
Prohibition on Contracting with Inverted Domestic Corporations—Representation
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29
Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
Instructions to Offerors—Commercial Items
Offeror Representations and Certifications—Commercial Items–Alternate I
(see full text below)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items
Place of Performance
Option to Extend Services
Option to Extend the Term of the Contract
Small Business Program Representations–Alternate I
Notice of Total Small Business Set-Aside
(see full text below)
Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEV)
Certification Regarding Knowledge of Child Labor for Listed End Products
Previous Contracts and Compliance Reports
Affirmative Action Compliance
Certification Regarding Trafficking in Persons Compliance Plan
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation
Buy American—Free Trade Agreements-Israeli Trade Act Certificate (DEV)
Trade Agreements Certificate (DEV)
Discounts for Prompt Payment
Limitation on Withholding of Payments
Prohibition of Assignment of Claims
Privacy or Security Safeguards
Contractor Inspection Requirements
Certificate of Conformance
Commercial Bill of Lading Notations
Termination for Convenience of the Government (Fixed-Price) (Short Form)
Solicitation Provisions Incorporated by Reference
Clauses Incorporated by Reference
Alterations in Solicitation
Alterations in Contract
Authorized Deviations in Provisions
Authorized Deviations in Clauses
Computer Generated Forms
Contracting Officer’s Representative
Requirements Relating to Compensation of Former DoD Officials
Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
Requirement to Inform Employees of Whistleblower Rights
Representation Relating to Compensation of Former DoD Officials
Disclosure of Information
Payment for Subline Items Not Separately Priced
Control of Government Personnel Work Product
DoD Antiterrorism Awareness Training for Contractors
Compliance with Safeguarding Covered Defense Information Controls
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
Safeguarding Covered Defense Information and Cyber Incident Reporting
Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism
Item Unique Identification and Valuation
Substitutions for Military or Federal Specifications and Standards
Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items
Evaluation Factor for Employing or Subcontracting with Members of the Selected Reserve
Advancing Small Business Growth
Drug-Free Work Force
Buy American and Balance of Payments Program–Alternate I
Release of Past Infringement
Technical Data–Commercial Items
Deferred Delivery of Technical Data or Computer Software
Validation of Restrictive Markings on Technical Data
Electronic Submission of Payment Requests and Receiving Reports
252.232-7006 (see full text below)
Wide Area WorkFlow Payment Instructions
Limitation of Government’s Obligation
Levies on Contract Payments
Performance-Based Payments—Deliverable-Item Basis
Representation of Use of Cloud Computing
Cloud Computing Services
Notice of Supply Chain Risk
Notice of Supply Chain Risk (DEV)
Supply Chain Risk (DEV)
Pricing of Contract Modifications
Subcontracts for Commercial Items
Warranty of Data–Alternate I
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation — Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. The Government shall perform a technical analysis of offerors proposal. To be technically acceptable the vendor must provide all deliverable on Technical Exhibit 1 on the Specifications. The vendor must provide a narrative explanation on each deliverables.
2. Past Performance within 3 years to include contract number(s)
3. Must be active in System of Award Management (SAM) as of the date of submission
Technical and past performance, when combined, are more important than price. Numbers 1-4 above are listed from greatest importance to least.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
As part of the price evaluation, the Government will evaluate the option to extend Services under FAR clause 52.217-8 by adding one-half of the Offeror’s final option period price to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of the evaluation (i.e. Total Evaluated Price) will include the base period, total of options, and one-half of the last year option to determine the price basis. Offerors are required only to price the base and the four one-year options. Offerors shall not submit a price for the potential one-half year extension of services period.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically
process vendor payment requests and receiving reports, as authorized by Defense
Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
DCAA Auditor DoDAAC
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Insert the following clause in solicitations and contracts for acquisitions that are set aside for, or awarded on a sole source basis to women-owned small business (WOSB) concerns under 19.1505(c) or 19.1506(b). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in 8.405-5 and 16.505(b)(2)(i)(F):
Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (JAN 2019) (DEVIATION 2019-O0003)
(a) Definitions. As used in this clause—
“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.
“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.
“WOSB Program Repository” means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to—
(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, WOSB concerns eligible under the WOSB Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; and
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program. Offers received from concerns that are not WOSB concerns eligible under the WOSB Program shall not be considered.
(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Agreement. By submission of an offer and execution of a contract, a WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(2) Supplies or products (other than procurement from a nonmanufacturer in such supplies or products), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.
(f) Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB Program if—
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern eligible under the WOSB Program;
(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions−
(i) Setting forth the purpose of the joint venture;
(ii) Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the WOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture.
(4) The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture.
(1) Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a WOSB concern eligible under the WOSB Program that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (g)(1) of this clause does not apply to construction or service contracts.
(End of clause)