A22-0001-Solicitation-W912EK26QA001.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

Clock Tower HVAC Maintenance Services

W912EK26QA001

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Schedule of Prices Instructions:

The contractor to perform mechanical maintenance service TWELVE (12) MONTHS per year in accordance with the performance work statement.

The contractor will maintain mechanical system(s) consisting of the components described in ATTACHMENT A, Equipment list, using trained personnel.

All maintenance tasking procedures, which technicians follow, are determined by the manufacturer's recommendations, equipment application, equipment run time and the contractor's experience.

Offered prices shall include the cost of providing and installing all materials.

Item Supplies/Service Quantity Unit Unit Price Amount

Clock Tower HVAC Total Maintenance Base Year

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Clock Tower HVAC Total Maintenance Option Year 1

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Clock Tower HVAC Total Maintenance Option Year 2

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Clock Tower HVAC Total Maintenance Option Year 3

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Clock Tower HVAC Total Maintenance Option Year 4

Pricing Arrangement: Firm Fixed Price

12 Months

Continuation of Description

U.S. ARMY CORPS OF ENGINEERS - ROCK ISLAND DISTRICT

HVAC TOTAL MAINTENANCE COVERAGE - CLOCK TOWER COMPLEX

INSTRUCTIONS TO OFFEREORS, EVALUATION FACTORS & METHODS

MVR.03 QUESTION AND ANSWER via email 1.

Technical inquiries and questions relating to this request for quotation (RFQ) are to be submitted to Jocelyn Rain at jocelyn.w.rain@usace.army.mil and Nick Moore at Nicholas.m.moore@usace.army.mil no later than 16 October 2025. Answers to all questions submitted timely will be provided via an update to the notice on SAM.gov, an amendment, or both.

SITE VISIT2.

Federal Acquisition Regulation (FAR) provisions 52.237-1 "Site Visit" is included in this RFQ by reference only. This paragraph is meant to supplement it. The provision which can be read in its entirety by accessing it at , a free public website.https://www.acquisition.gov/

All interested vendors are encouraged to attend the site visit meeting on to review general work 14 October 2025 at 9:00am Central Daylight Time site conditions prior to submitting quotations ("quotes")quote. This site visit meeting will be held at the Clock Tower Building #205. All interested vendors who plan to attend See MVR.03 for the correct MUST notify the Point of Contact by email at least one business day before the meeting.

email address and . Use the point of contact in MVR.03 and the contact information from the SF ensure that you receive a confirmation of receipt 1449 in box 7 on visitor pass applications.

No questions or clarifications will be discussed or answered at the Site Visit. Any questions that an interested vendor may have regarding the RFQ, or as a result of the site visit, shall be submitted in writing via email to the Contract Specialist and Contracting Officer. See MVR.03 above for instructions.

Access to Rock Island Arsenal

To access Rock Island Arsenal as a visitor, a real ID* must be presented. The address, phone and URL for the Visitor Center is provided in this paragraph. For additional information about what to expect when coming to the Arsenal to obtain a pass. Navigate to https://home.army.mil/ria and view the Pass Request Information section on that page to learn about the process of getting a pass for delivery of /about/visitor-information product.

* This went into effect on 01 October 2025. A REAL ID has a small gold star in the top right corner of your driver's license or state ID.

Visitor Welcome Center

Phone: (309) 782-1337

Email: usarmy.RIA.imcom.mbx.usag-access-request@army.mil

Location: Just outside the Moline Gate

23 Prospect Drive, Moline, ILAddress:

https://www.acquisition.gov/ https://home.army.mil/ria/about/visitor-information https://home.army.mil/ria/about/visitor-information

Hours of Operation:

Daily: 7 a.m. - 3 p.m.

INSTRUCTIONS FOR SUBMITTAL OF QUOTATIONS3.

This section of the RFQ provides all instructions on what information to provide in your quote and what documents to include with it and expands upon Federal Acquisition Regulation (FAR) provision 52.212-1 "Instructions to Offerors", which should be read in its entirety. Failure to follow these instructions could result in your quote to be considered non-responsive.

A. SF 1449 Instructions

- Complete Block 17a: Enter Name, Address, CAGE code and Current Phone Number of Person to contact regarding quote.

- Complete and sign Blocks 30a, 30b, and 30c.

B. Vendor Representations and Certifications

- If your company has completed them in SAM.gov then mark an "X" in FAR 52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003 and 2025-O0004) at paragraph (b)(2) (i) as illustrated here:

[X] Paragraph (d) applies.

- If your company has not completed them in SAM.gov, mark and X at paragraph (b)(2) (ii) and proceed with completing the fill-ins in the 1449 prior to submitting your quote as illustrated here:

(ii) [X] Paragraph (d) does not apply, and the Vendor has completed the individual representations and certifications in the solicitation.

C. Schedule Of Prices (Line Items) Vendors must complete schedule of prices for all line items and total price of all years must be equal to value of all line items.

D. Taxpayer Information Please provide the following information by filling out the lines below:

Taxpayer ID Number: ____________________________ Point of Contact: _________________________________ Phone & Email: __________________________________

4. SUBMISSION INSTRUCTIONS

Include the Solicitation Number W912EK26QA001 on the subject line of your email when you submit your quote. Quotes shall be submitted via email to the following points of contact:

To: jocelyn.w.rain@usace.army.mil

CC: nicholas.m.moore@usace.army.mil

5. ATTACHMENTS

Include all required attachments when submitting quotes :

Completed 1449, including all fill-ins in paragraphs 3 and 10.

Completed Amendments to the 1449 Key Personnel Resumes Certifications

6. SAM REGISTRATION

Vendors must be current in their registration in the System for Award Management (SAM) Database before a Government contract can be awarded. Go to https://www.sam.gov/ to complete registration or renew registration if needed.

7. WAGE RATES

Prevailing Wage Rates will apply for any award resulting from this RFQ for quotes. Wage Rate information is included as an attachment to the RFQ. Vendors should consider the requirement to pay prevailing wage rates to any employees, when determining the quoted prices.

8. LENGTH OF CONTRACT

While the length of this contract includes four option years, the resultant award will be only be for the base period. Option years, which may or may not be exercised, are at the discretion of the Government, not the Contractor.

9. SPECIAL INSTRUCTIONS

Thoroughly read the PERFORMANCE WORK STATEMENT. Your quote should be based on the requirements of the PWS and the Evaluation Factors stated below.

The resultant contract will be awarded on a lump sum price only. This breakdown of unit line-item prices is included for evaluation, and for reference in reviews of monthly invoices.

10. EVALUATION FACTORS AND METHODS

W912EK26QA001

mailto:jocelyn.w.rain@usace.army.mil mailto:nicholas.m.moore@usace.army.mil

The Government is using Simplified Acquisition Procedures for this requirement. Quotes determined to be technically acceptable will be considered for award. Quotes will be ranked from lowest to highest and award will be made to the vendor with the lowest priced technically acceptable quote. The Evaluation Factors and Evaluation Methods sections below expand upon FAR provision 52.212-2 "Evaluation-- Commercial Products And Commercial Services" and provide further detail to Vendors, regarding what their quote should contain and how it will be evaluated.

A. Evaluation Factors

Quotes will be evaluated in accordance with (IAW) 13.106-2 "Evaluation Of Quotations Or Offers".

Quotes determined to be technically acceptable will then be evaluated based on price.

i. Factor 1 - Technical: The technical factor consists of the following sub-factors, which have no order of importance:

a) Subfactor 1: Technical Experience. The Contractor shall have a minimum of ten years of experience each for Key Personnel IAW PWS paragraph 1.6.11:

- Project Manager

- Service Technician

**Submit one current resume for the proposed employee for these two positions.

b) Subfactor 2: Certifications for Service Technician. The Certification factor requires the submission of the following certificates, which have no order of importance, IAW PWS paragraph 1.6.11.4:

- National American Technician Excellence (NATE) Certified

- Liebert Certified

- Licensed in Refrigeration, Hydronics, and HVAC

c) Subfactor 3: Response Time. Unscheduled repairs require a one-hour response time. Vendor's office location must be within a 50-mile driving distance to be considered for award as follows:

Write physical address of Vendor's local office from which contract would be managed on the three lines below:

ii. Factor 2 - Price. All quotes found to be technically acceptable per the terms in FAR provision 52.212-2 and the supplemental information above may be ranked from lowest to highest based on total proposed price.

B. Evaluation Methods

i. Factor 1: Technical Evaluation.

Quotes will be evaluated based on the technical factor and determined to be either Acceptable or Unacceptable per the definitions provided below for each factor and subfactor. Each subfactor will be rated acceptable or unacceptable. Then an overall rating will be determined based on the subfactor ratings as described in paragraphs a) through c) below.

a) Subfactor 1: Technical Experience

Acceptable: The quote demonstrates that a proposed Project Manager and a proposed Service Technician each possess a minimum of 10 years of verifiable experience in HVAC maintenance and repair. The quote must include resumes or other documentation that clearly demonstrates this experience for both individuals.

Unacceptable: The quote fails to demonstrate that either the proposed Project Manager or the proposed Service Technician possess the minimum requirement of 10 years of verifiable experience in HVAC maintenance and repair. The quote does not include adequate documentation (i.e., resumes) to verify this experience for both individuals.

b) Subfactor 2: Certifications for Service Technician Acceptable: The quote demonstrates that the proposed Service Technician possesses all of the following certifications/licenses: (1) National American Technician Excellence (NATE) Certified, (2) Liebert Certified, and (3) Licensed in Refrigeration, Hydronics, and HVAC. Copies of all valid certifications/licenses must be included in the quote as verification.

Unacceptable: The quote fails to demonstrate that the proposed Service Technician possesses all of the required certifications/licenses: (1) National American Technician Excellence (NATE) Certified, (2) Liebert Certified, or (3) Licensed in Refrigeration, Hydronics, and HVAC. The quote does not include copies of all valid certifications/licenses as verification.

c) Subfactor 3: Response Time Acceptable: The Vendor's address as quoted is within a 50-mile driving distance of the Rock Island District Headquarters at 1500 Rock Island Drive, Rock Island IL. The provided address must be a physical office location and not a PO Box.

Unacceptable: The Vendor's address as quoted is NOT within a 50-mile driving distance of the Rock Island District Headquarters at 1500 Rock Island Drive, Rock Island IL. The provided address must be a physical office location and not a PO Box.

d) Overall Technical Rating

Acceptable: The quote has received a rating of acceptable on each of the technical subfactors.

Unacceptable: The quote has received a rating of unacceptable on one or more of the technical subfactors.

ii. Factor 2: Price Evaluation: The price of each technically acceptable quote will be evaluated for fairness and reasonableness. Quotes will also be evaluated for unbalanced pricing.

ii. Award Decision. An award will be made to the lowest priced technically acceptable quote.

Requirements Work shall consist of maintaining, diagnosing and repairing the Heating Ventilation and Air Conditioning (HVAC) equipment in Bldg. 205, Bldg. 217, and Bldg. 340. The work includes preventative maintenance, control system calibration, heating water and chilled water systems water treatment, troubleshooting equipment and systems.

Product Service Code: Z1NB

Option Line Item

Product Service Code: Z1NB

Option Line Item

Product Service Code: Z1NB

Option Line Item

Product Service Code: Z1NB

Option Line Item

Product Service Code: Z1NB

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection Location

Inspection Destination Instructions: Work will be inspected and accepted at the worksite, which is the Government facility, where performance occurs. Multiple addresses stated in the PWS.

DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Inspection Location

Inspection Destination Instructions: Work will be inspected and accepted at the worksite, which is the Government facility, where performance occurs. Multiple addresses stated in the PWS.

DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Inspection Location

Inspection Destination Instructions: Work will be inspected and accepted at the worksite, which is the Government facility, where performance occurs. Multiple addresses stated in the PWS.

DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Inspection Location

Inspection Destination Instructions: Work will be inspected and accepted at the worksite, which is the Government facility, where performance occurs. Multiple addresses stated in the PWS.

DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Inspection Location

Inspection Destination Instructions: Work will be inspected and accepted at the worksite, which is the Government facility, where performance occurs. Multiple addresses stated in the PWS.

DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Continuation of Deliveries or Performance

From 01 Nov 2025 to 31 Oct 2026

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule 12 Months Monthly 1 Month

Period of Performance From 01 Nov 2025 To 31 Oct 2026

12 Months Place of Performance DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Delivery Schedule 12 Months Monthly 1 Month

Period of Performance From 01 Nov 2026 To 31 Oct 2027

12 Months Place of Performance DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Delivery Schedule 12 Months Monthly 1 Month

Period of Performance From 01 Nov 2027 To 31 Oct 2028

12 Months Place of Performance DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Option Line Item

Delivery Schedule 12 Months Monthly 1 Month

Period of Performance

12 Months Place of Performance DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

From 01 Nov 2028 To 31 Oct 2029

Option Line Item

Delivery Schedule 12 Months Monthly 1 Month

Period of Performance From 01 Nov 2029 To 31 Oct 2030

12 Months Place of Performance DoDAAC: W912EK CountryCode: USA

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

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

252.204-7018 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 252.225-7012 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

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 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 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.203-7003 Agency Office of the Inspector General. Aug 2019

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

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

Feb 2024 Deviation 2024-O0006 Feb 2024

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--

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

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)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (Nov 2023)

Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) 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.

(b) 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.

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

(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) 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; and

(D) Contractor point of contact.

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

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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 (u)(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.

(v) 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.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N/A

Issue By DoDAAC N/A

Admin DoDAAC N/A

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Not applicable.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(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 (section 743 of Division E, Title VII, (Jan 2017) 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 (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

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

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

(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:

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

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C.