140R2026Q0064_Combined_SS.pdf

COMBINED SYNOPSIS/SOLICITATION

140R2026Q0064

Newlands Project Irrigation Facility Surveys for Lahontan Basin Area Office (LBAO)

Contracting Office:

Bureau of Reclamation Interior Region 10 • California-Great Basin

Acquisitions and Services Division Supply and Services Branch

Sacramento CA 95825

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm-Fixed Price Purchase Order for survey services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01 as of March 13, 2026.

This requirement is being solicited as unrestricted.

GENERAL INFORMATION

RFQ Number: 140R2026Q0064

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS): 541370 Size Standard: $19.0 millions

QUOTE DUE DATE, DELIVERY AND CONTACT INFORMATION

QUOTES DUE: April 27, 2026, at 13:00 PM Pacific Daylight Time

CONTACT INFORMATION: Mouang Phan Email: mouang_phan@ios.doi.gov

Vendor’s Business Information:

Business Name: _______________________________

Agency Point of Contact: _______________________________

Unique Entity ID (UEI)/Cage Code: ______________________

Authorized Agent’s Signature/Date: ____________________________________

Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2 Addendum.

Documents necessary for quotation submission are as follows:

1. Completed and signed Page 2 through 3 of this document.

2. Information required in Addendum to FAR 52.212-1 and/or 52.212-2 on pages 57 to 58.

mailto:mouang_phan@ios.doi.gov

CLIN

NO.

Description Qty Unit of Issue

Proposed Price

00000

The Contractor shall provide all management, personnel, supervision, labor, travel, transportation, special tools, and materials necessary to perform the Newlands Project Irrigation Facility Surveys services in accordance with the attached Performance Work Statement

(PWS).

Activity Unit

(AU)

00010 Tasks 1 – 4:

Task 1: Contract Management Task 2: Surveys Task 3: Legal Description Task 4: Mapping

AU

00020 Travel Cost

This CLIN is for travel to and from work sites.

This is a Time and Materials (T&M) for Travel line item. The ceiling price shall not exceed $25,700.00 without prior consent of the Contracting Officer (CO). Should the contractor incur costs in excess of $25,700.00, the contractor will do so at its own risk.

Invoice will be paid based on actual costs.

AU

Proposed Grand Total

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST SCHEDULE

Performance Work Statement Lahontan Basin Area Office (LBAO) Newlands Project Irrigation Facility Surveys

February 2026

1.0 Background

The United States Bureau of Reclamation (Reclamation), Lahontan Basin Area Office (LBAO), requires surveys, written legal descriptions, and survey maps of Newlands Project irrigation facilities within the project area. The surveys and documentation will be attached to the Patent that the Bureau of Land Management issues to Churchill County and the City of Fallon upon the conveyance of lands. The surveys will ultimately assist in protecting the interests of the United States, Bureau of Reclamation’s, Newlands Project irrigation facilities upon the conveyance of land out of federal ownership.

The conveyance is pursuant to the National Defense Authorization Act of Fiscal Year 2023, Section 2907 (Public Law 117-263).

The general area of interest is from the western edge of Churchill County, NV, to the eastern edge of Fallon, NV, to the southern edge of South Line Reservoir near Fallon, NV. The contractor shall provide all necessary services to complete metes-and-bounds legal descriptions for 22 irrigation facilities. The complete package would include a survey, legal description and map for each facility.

2.0 Scope

2.1 Objective

The objective of this contract is to acquire a Nevada State-certified surveyor with Professional Liability Insurance to conduct surveys of the Newlands Project irrigation facilities within lands that are legislatively designated to be conveyed to Churchill County and the City of Fallon.

2.2 Project Area

The project area is within Churchill County, NV, and includes three parcels of land designated to be conveyed to Churchill County and the City of Fallon. An inventory of all Newlands Project irrigation facilities to be surveyed, including the width and general location of each facility, is included in an attached spreadsheet (Attachment 1). Maps of the three parcels in the project area which point out and identify the irrigation facilities are attached (Attachments 2, 3, and 4). Shapefiles of the conveyance parcels, the Newlands Project irrigation facilities, and the proposed flood easements will be provided to the Contractor upon award. Shapefile data will be available in ArcGIS format. The total project area is 7,031 acres and includes part of the following townships (all Townships are North, all Ranges are East, Mount Diablo Base and Meridian): T19R28; T19R29.

2.3 Tasks

Task 1 – Contract Management: The Contractor shall conduct all managerial and administrative duties to manage this contract. This includes project management and oversight of contractor activities, staff and resources; invoicing; meetings with CO, COR and Technical Lead (contract kickoff, other); and creation of plan and schedule for surveying facilities.

Task 2 – Surveys: The Contractor must perform surveys of centerline, width and length of all Newlands Project irrigation facilities using specifications for easement width identified in Attachment 1. This results in one survey per facility. There are twenty-two (22) facilities that need to be surveyed.

Task 3 – Legal Descriptions: The Contractor must provide draft metes-and-bounds legal descriptions for all Newlands Project irrigation facilities identified in Attachments 1-4 to be delivered upon completion for review by Reclamation.

After review by Reclamation, develop and deliver final metes-and-bounds descriptions upon completion.

Task 4 – Mapping: The Contractor must create draft survey maps of all Newlands Project irrigation facilities identified in Attachments 1-4 to be delivered upon completion for review by Reclamation. After review by Reclamation, develop and deliver final survey maps upon completion.

2.4 Deliverable Specifications

Meetings Participate in Project Kickoff meeting with the Contracting Officer (CO), COR, and Technical Lead to discuss the contract. This meeting is to be conducted on MS Teams or Zoom. The Contractor will be responsible for taking meeting notes and providing them to Reclamation.

Participate in a pre-survey meeting to discuss Contractor’s plan for survey. This meeting is to be conducted on MS Teams or Zoom.

Invoices Prepare and deliver invoice within 5 working days of completion of draft legal description(s). Invoice must include: the date, contract number, invoice number, CO, COR, contract amount, task number, percent complete, and current invoice amount. Send invoice via email to CO and COR.

Must prepare and submit a final invoice within 14 working days of completion of contract tasks/deliverables. Send invoice via email to CO and COR.

Survey plan and schedule

Complete a plan that describes Contractor’s approach to the tasks/deliverables outlined in this PWS, the Contractor’s approach to completing the Project within the schedule, key staff roles and responsibilities, and contact information.

Plan is to be submitted electronically in Word format for review by CO, COR and Technical Lead within 14 working days of the Project Kickoff meeting.

Draft legal description Provide in PDF format. Allow for 14 working days for Reclamation review and response.

Draft Survey map Must meet Reclamation’s Visual Identity Requirements, which include the following elements: north arrow, scale bar, legend box, primary title, subtitle, logo, as well as source data attribution and originating office file path.

Provide draft survey map upon completion for Reclamation Review and response.

Final description Submit final legal description electronically in PDF format to CO, COR and Technical Lead.

Final Survey map Produce Final Survey map based on Reclamation’s review of the draft and provide to Reclamation electronically in PDF format.

3.0 Type of Contract

The government intends to award a firm-fixed price (FPP) type contract for services.

4.0 Period of Performance

The period of performance for this contract shall be as follows:

One year from the date of award.

5.0 Administrative Information

The contractor must be able to provide a Nevada-licensed surveyor to perform the surveys and draft the legal descriptions.

The surveyor must also carry Professional Liability Insurance.

5.1 Recognized Holidays:

The contractor is not required to perform services as recognized on the following holidays:

New Years Day Martin Luther King Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas

5.2 Hours of Operations

The contractor is responsible for conducting business between the hours of 8 AM to 5 PM, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

5.3 Place of Performance

The work to be performed under this contract will be performed at the Newlands Project irrigation facilities identified in Attachments 1-4 (survey work) and the contractor’s facility (legal description and maps).

5.4 Security

The contractor shall be responsible for safeguarding all government information and property provided for contractor use.

At the close of each work period government facilities shall be secured.

6.0 Delivery

All records, files, documents, emails, notes, calculations, and data are the property of the Federal government. The Contractor shall be responsible for creating and maintaining the required records specifically cited in Section 2. If requested by Reclamation, the Contractor shall provide the original record or data files including any metadata, or a reproducible copy of any such records, within five (5) working days of receipt of the request.

Upon completion, legal descriptions and maps are to be provided electronically via email to the following people:

Contracting Officer’s Representative (COR)

Technical Lead

7.0 Government-Furnished Property

The Government is not furnishing any equipment, services, facilities, etc. for this contract.

8.0 Performance Assessment and Disincentives

(a) Monitoring Performance. During the course of the evaluation period, the COR will track contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the contractor's performance during the period being evaluated. At the end of the period, the COR will assess the contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP).

(b) Contractor Self-Assessment. Following each evaluation period, the contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the contractor's performance during the evaluation period. Where deficiencies in performance are noted, the contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

(c) COR Recommendation. The COR will consider all evaluations and any other pertinent information, including contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the contractor. Any errors identified by the contractor will be addressed by the COR in its final report. The contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

(d) Invoicing. The contractor shall submit one copy of all payment invoices, with the appropriate backup documents to the CO and COR. The COR will determine if the invoice is complete and proper as submitted. The COR also will determine if billed services have been satisfactorily performed and if expenses billed are correct. If it is determined that the amount billed is incorrect, the COR will, within seven days, request the contractor to submit a revised invoice. The contractor shall specifically identify the “Final Invoice.” The Final invoice shall include the remaining payment claimed to be due under the basic contract and all modifications issued, if any. The final invoice shall also have the Contractor’s Release of Claims Certificate attached.

(e) The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the contractor performance.

9.0 Attachments

Newlands Project irrigation facilities spreadsheet

Map 1. T19N R28E

Map 2. T19N R29E Sec18

Map 3. T19N R29E

End of Performance Work Statement

SECTION C - COMMERCIAL CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference February 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.acquisition.gov/far-overhaul

The clauses in the table below are incorporated by reference.

FAR 52.204-13 System for Award Management-Maintenance (Deviation MAR 2026) Oct 2018

(a) Definitions. As used in this clause— Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract.

Clauses Title Date FAR 52.203-17 Contractor Employee Whistleblower Rights Nov 2023 FAR 52.204-13 System for Award Management Maintenance Oct 2018 FAR 52.223-5 Pollution Prevention and Right-to-Know Information May 2024 FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation April 1984 FAR 52.242-15 Stop Work Order Aug 1989 http://www.acquisition.gov/far/ http://www.acquisition.gov/far-overhaul https://www.sam.gov/

To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).

Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract.

A change in the UEI does not necessarily require a novation.

(End of clause)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION MAR 2026)

Jun 2020

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor’s general and administrative expenses or indirect costs.

Month of award means the month in which the Contracting Officer signs a contract or the month in which the Contractor signs a first-tier subcontract.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the information described at 17 CFR 229.402(c)(2).

(b) Requirement. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public;

therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

Nothing in this clause requires disclosing classified information.

(c) Reporting. Unless otherwise directed by the Contracting Officer, or as provided in paragraph (f) of this clause, the Contractor shall report the following in the System for Award Management at https://www.sam.gov as follows:

(1) Executive compensation of the prime contractor. The Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor's preceding fiscal year, the Contractor received—

(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants);

cooperative agreements; and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.

Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

https://www.sam.gov/ http://www.sec.gov/answers/execomp.htm

(2) First-tier subcontract information. The Contractor shall report the following information by the end of the month following the month of award of each first-tier subcontract award:

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s ultimate parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) The subcontract number assigned by the Prime Contractor.

(vii) Subcontractor’s physical address.

(viii) Subcontractor’s primary performance location.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) The applicable North American Industry Classification System code.

(3) Executive compensation of the first-tier subcontractor. The Contractor shall report by the end of the month following the month of award of a first-tier subcontract award and annually thereafter (calculated from the prime contract award date) the names and total compensation of each of the five most highly compensated executives for that subcontractor in the subcontractor’s preceding completed fiscal year, if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants);

cooperative agreements; and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (see http://www.sec.gov/answers/execomp.htm).

(d) Restriction. The Contractor shall not split or break down subcontracts to a value below the threshold at the Federal Acquisition Regulation 4.208(e), on the date of subcontract award, to avoid the reporting requirements in paragraph (c) of this clause.

(e) Duration. Continued reporting on first-tier subcontracts is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after a first-tier subcontract expires.

(f) Exceptions.

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(g) Prepopulated data. The Subcontract Reports in SAM will prepopulate with some information from SAM and the Federal Procurement Data System (FPDS). If the FPDS information is incorrect, the Contractor should notify the Contracting Officer. If the SAM information is incorrect, the Contractor is responsible for correcting this information.

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

(DEVIATION NOV 2025)

Jan 2025

(a) Definition. As used in this clause— Commercially available off-the-shelf (COTS) item

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold http://www.sec.gov/answers/execomp.htm http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

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

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

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

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

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that—

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services

(Deviation MAR 2026) Nov 2023

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.219-28 Post award Small Business Program Representation (DEVIATION

NOV 2025)

Jan 2025

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 (c) 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 a small business concern, a small disadvantaged business concern, or a joint venture that 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 (e) of this clause or, if applicable, paragraph (g) 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.

(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) 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.

(d) 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.

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

(f) 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 (e) or (g) of this clause.

(g) 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 https://www.sba.gov/document/support--table-size-standards 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 (g)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) 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: __.]

(4) Economically disadvantaged women-owned small…