A21 - Solicitation - W912PM26RA009.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

W. Kerr Scott Operations and Maintenance Support Services

INSTRUCTIONS FOR SUBMISSION

Proposals shall be submitted electronically via email to both the Contract Specialist (benjamin.t.rickman@usace.army.mil) and the Contracting Officer (troy.d.small@usace.army.mil).

Questions will be accepted until 2 January 2026. All questions must be submitted via ProjNet at https://www.projnet.org. See attachment 0006 - ProjNet Information for details. The Government is not obligated to respond to questions received after this deadline. Relevant questions received within the specified timeframe will be answered via amendment to this Request for Proposal (RFP). Telephonic inquiries will not be addressed.

Proposals must adhere to the sequence and format outlined in attachment 0004 - General Proposal Submission Requirements.

SITE VISIT

A site visit has been scheduled for

Date: 17 December 2025

Time: 11:00 AM, Eastern Time

Location: W. Kerr Scott Dam & Reservoir, Visitors Assistance Center, 499 Reservoir Road, Wilkesboro NC Wilkesboro, North Carolina 28697

Please RSVP to benjamin.t.rickman@usace.army.mil by 15 December 2025.

Offerors will have the opportunity to tour the W. Kerr Scott Dam & Reservoir and surrounding areas using personal vehicles. The site visit will be conducted over one day only; no alternate dates will be available.

METHOD OF PAYMENT

Invoicing will be monthly per DFARS 252.204-7006 either at the peak or off-peak contract line item (CLIN) unit price for Level I Services. Level II Services will be invoiced monthly for any services that were performed under TP 2.27.2.

The Contractor shall submit to the Contracting Officer's Representative, in such form and reasonable detail as the COR may require, two copies of the invoice for the pay period supported by a statement of cost incurred by the Contractor in the performance of this contract and claimed to constitute allowable cost.

The Contracting Officer reserves the right to audit invoices and statements of cost at any time prior to final payment. Payments are subject to adjustment - either reduction for disallowed costs identified during audit, or correction for over- or under-payments on previous invoices.

The Government will process and remit payment for allowable costs, within a reasonable timeframe following receipt of each invoice and supporting documentation. Payment will be based on costs allowable in accordance with FAR 31.2 Contracts with Commercial Organizations, and any further limitations defined within this contract

ADMINISTRATIVE DATA

The Procuring Contracting Officer (PCO) is the only person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer

The Contracting Officers Representative (COR) is an individual, including a contracting officer's technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed by the US Army Corps of Engineers each year:

New Year's Day, 1st day of January

Martin Luther King's Birthday, 3rd Monday of January

Washington's Birthday, 3rd Monday of February

W912PM26RA009

Memorial Day, Last Monday of May

Juneteenth, 19th day of June

Independence Day, 4th day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veteran's Day 11th day of November

Thanksgiving 4th Thursday of November

Christmas Day December 25th

PERMITS AND RESPONSIBILITIES

The Contractor shall obtain all necessary licenses and permits required to perform the work, at no additional expense to the Government. The Contractor is solely responsible for any damages to persons or property resulting from their fault or negligence during the performance of this contract.

SAFETY AND HEALTH REQUIREMENTS

The Contractor shall comply with the requirements of Engineer Manual (EM) 385-1-1, as current at the time of bid submission. The current edition of EM 385-1-1, along with all published changes, is available at http://www.publications.usace.army.mil/usacepublications/engineermanuals.aspx.

REQUIRED INSURANCE

The Contractor shall procure and maintain, during the entire period of contract performance, the following minimum insurance coverage:

Workers' Compensation and Employer's Liability Insurance: Coverage in an amount not less than $100,000, or the statutory limit required by the laws of the state in which the work is performed, whichever is greater.

Comprehensive General Liability Insurance: Coverage in an amount not less than $500,000 per occurrence.

Automobile Liability Insurance: 200,000 per person and 500,000 per occurrence for bodily injury liability, and $20,000 per occurrence for property damage liability.

Vessel Liability Insurance: When contract performance involves the use of vessels, the Contracting Officer will require vessel collision liability and protection and indemnity (P&I) liability insurance.

Prior to commencing work, the Contractor shall furnish the Contracting Officer with a certificate of insurance or other written evidence demonstrating compliance with the insurance requirements outlined above. The insurance policies shall include an endorsement stating that the Government will receive written notice at least thirty (30) days prior to any cancellation or material alteration of the policies that could adversely affect the Government's interests. This notice period shall not be less than the period prescribed by the laws of the state in which the contract is performed.

The Contractor shall include the substance of this clause, in all subcontracts issued hereunder.

SYSTEM FOR AWARD MANAGEMENT (SAM) AND ELECTRONIC FUNDS TRANSFER (EFT)

Each prospective awardee shall be registered to receive contracts with an active Cage Code and be active to receive contract awards in the System for Award Management (SAM) database not later than the due date/time of solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling 866-606-8220, Monday - Friday from 8am - 8pm EST. On-line Representations and Certifications may also be filled out at this website.

Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

PRE-AWARD INFORMATION

The resulting contract will be awarded to a responsible contractor. To be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

h. Each Offeror shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

NOTE 1: All unit prices should be rounded to two (2) decimal places.

Item Supplies/Service Quantity Unit Unit Price

Amount

W. Kerr Scott Project O&M Off-Peak Operations and Maintenance, Level I Services.

Off-Peak months are defined in TP-1.21 in the attached technical provisions.

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

3 Months

Operations and Maintenance Level I Services - Peak Months .

Peak months are defined in TP-1.21 in the attached technical provisions

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

7 Months

Level II Services AT OR BELOW $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Level II Services OVER $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job

1 Job order less than or equal to $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

Option Line Item

W. Kerr Scott Project O&M Off-Peak Operations and Maintenance, Level I Services.

Off-Peak months are defined in TP-1.21 in the attached technical provisions.

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

5 Months

Option Line Item

Operations and Maintenance Level I Services - Peak Months .

Peak months are defined in TP-1.21 in the attached technical provisions

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

7 Months

Option Line Item

Level II Services AT OR BELOW $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Level II Services OVER $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

W. Kerr Scott Project O&M Off-Peak Operations and Maintenance, Level I Services.

Off-Peak months are defined in TP-1.21 in the attached technical provisions.

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

5 Months

Option Line Item

Operations and Maintenance Level I Services - Peak Months .

Peak months are defined in TP-1.21 in the attached technical provisions

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

7 Months

Option Line Item

Level II Services AT OR BELOW $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Level II Services OVER $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

W. Kerr Scott Project O&M Off-Peak Operations and Maintenance, Level I Services.

Off-Peak months are defined in TP-1.21 in the attached technical provisions.

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

5 Months

Operations and Maintenance Level I Services - Peak Months .

Peak months are defined in TP-1.21 in the attached technical provisions

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

7 Months

Option Line Item

Level II Services AT OR BELOW $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Level II Services OVER $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

W. Kerr Scott Project O&M Off-Peak Operations and Maintenance, Level I Services.

Off-Peak months are defined in TP-1.21 in the attached technical provisions.

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

5 Months

Option Line Item

Operations and Maintenance Level I Services - Peak Months .

Peak months are defined in TP-1.21 in the attached technical provisions

Product Service Code: S216

7 Months

Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

Option Line Item

Level II Services AT OR BELOW $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Level II Services OVER $5,000.00.

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2

Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

Product Service Code: S216 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements See attachment A2 - PWS WKS OM_11 Aug 2025.

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination

Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM

CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance will be at the project site, W. Kerr Scott Dam & Reservoir, Wilkesboro, North Carolina.

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Continuation of Deliveries or Performance

Delivery Period Delivery Date 01 Feb 2026

Line Item Delivery Schedule Quantity Address and POC

Delivery Period From 01 Feb 2026 to 30 Nov 2026

3 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period From 01 Feb 2026 to 30 Nov 2026

7 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period From 01 Feb 2026 to 30 Nov 2026

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period From 01 Feb 2026 to 30 Nov 2026

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2026 to 30 Nov 2027

5 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2026 to 30 Nov 2027

7 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2026 to 30 Nov 2027

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2026 to 30 Nov 2027

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2027 to 30 Nov 2028

5 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2027 to 30 Nov 2028

7 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2027 to 30 Nov 2028

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2027 to 30 Nov 2028

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period 5 Months Place of Performance

From 01 Dec 2028 to 30 Nov 2029 DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2028 to 30 Nov 2029

7 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2028 to 30 Nov 2029

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2028 to 30 Nov 2029

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2029 to 30 Nov 2030

5 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2029 to 30 Nov 2030

7 Months Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Dec 2029 to 30 Nov 2030

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period From 01 Dec 2029 to 30 Nov 2030

1 Job Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.233-3 Protest after Award. Aug 1996

FAR Clauses Incorporated by Full Text

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that--Definition. Similarly situated entity

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b) (2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), 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 towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(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 towards the prime contractor's 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 towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

(x) By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.245-7005 Management and Reporting of Government Property. Jan 2024

252.246-7003 Notification of Potential Safety Issues. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

DFARS Clauses Incorporated by Full Text

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.

(Jan 2023)

CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL REQUIREMENT (JAN 2023)

(a) Scope. The Cybersecurity Maturity Model Certification (CMMC) CMMC is a framework that measures a contractor's cybersecurity maturity to include the implementation of cybersecurity practices and institutionalization of processes (see https://www.acq.osd.mil/cmmc/index.html).

(b) Requirements. The Contractor shall have a current (i.e. not older than 3 years) CMMC certificate at the CMMC level required by this contract and maintain the CMMC certificate at the required level for the duration of the contract.

(c) Subcontracts. The Contractor shall-

(1) Insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items; and

(2) Prior to awarding to a subcontractor, ensure that the subcontractor has a current (i.e., not older than 3 years) CMMC certificate at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor.

(End of clause)

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

ELECTRONIC SOFTWARE CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING WAGE RATE

REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS (APR 2011)

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the contractor elects to use an electronic payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with the Wage Rate Requirements statute. When the contractor uses an electronic payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the Federal Acquisition Regulation (FAR);

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's RMS;

(5) demonstrated security of data and data entry rights;

(6) ability to produce contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the date/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of clause)

SETTLEMENT OF PROPOSALS

Basis for Settlement of Proposals

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation

(FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply.

For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of Clause)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics…