Attachment 1 -W912P726QA008 R Cummings FY26.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 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.

SEE CONTINUATION

SEE CONTINUATION

SEE CONTINUATION

W912P726QA008

JAMES NEAL

(415) 503-6891

26 MAY 2026

12:00 PM

W912P7 100

W075 ENDIST SAN FRAN

KO CONTRACTING DIVISION, 450 GOLDEN GATE AVENUE

SAN FRANCISCO, CA 94102-3406

UNITED STATES

JAMES NEAL, EMAIL: JAMES.D.NEAL@USACE.ARMY.MIL TELEPHONE: (415)

503-6891

336611

W075 ENDIST SAN FRAN

BAY MODEL VISITOR CENTER, 2100 BRIDGEWAY

SAUSALITO, CA 94965-0000

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit

Price

Amount

0001 5.1.0 - 5.1.6 BASIC SERVICES

(Laydays)

Pricing Arrangement: Firm Fixed Price

1 Job

0002 5.2.0 - 5.2.2 PRE & POST DRY-

DOCKING SEA TRIALS

0003 5.3 DOCKING & BERTHAGE (Electricity

& Fire Protection)

0004 5.4 DRY DOCKING

0005 HULL

0005AA

5.5.1 PRESSURE WASH UNDERWATER

HULL

0005AB 5.5.2 SONIC SURVEY UNDERWATER

HULL PLATING

0005AC 5.5.3 CLEANING UNDERWATER HULL

0005AD 5.5.4 RENEW ANTIFOULING PAINT

0005AE 5.5.5 RENEW ZINC ANODES ON HULL,

SEA CHESTS, SHAFTS & STERN

0005AF 5.5.6 INSPECT OR REPLACE THROUGH

HULL SEA WATER VALVES

0005AG 5.5.7 INSPECT PORT/STBD SHAFTS

STERN/STRUT BEARINGS

0005AH 5.5.8 INSPECT PORT/STBD RUDDER

/STOCK STUFFING BOXES

0005AJ 5.5.9.1 - 5.5.9.2 PROPS

0005AK 5.5.10.1 - 5.5.10.5 BALANCE/NON-

DESTRUCTIVE TEST PORT/STBD

SHAFTS/ STERN TUBE BEARINGS &

STRUTS.

0006 ABOVE WATER LINE HULL BLASTING &

LETTERING

0006AA TASK 5.6.1 - 5.6.5 ABOVE WATER LINE

HULL BLASTING & LETTERING

0006AB 5.7.1.1 - 5.7.1.3 REMOVAL OF DECK

MOUNTED CRANE & DECK MOUNTED

HYDRAULIC CAPSTANS

0006AC 5.7.2.1 - 5.7.2.3 MAIN DECK: AFT

CONTROL STATION

0006AD 5.7.3.1 - 5.7.3.2 MAIN DECK: BLASTING

AND PAINTING

0006AE 5.7.4.1 - 5.7.4.5 MAIN DECK: HATCHES,

SCUTTLES & DECK LOCKERS

0006AF 5.7.5 MAIN DECK: NEW CARGO

RAIDIAL DAVIT

0006AG 5.7.6 MAIN DECK: CABIN LOCKS

0006AH 5.7.7 MAIN DECK: BOW BOARDING RE-

DESIGN

0006AJ 5.8.1 - 5.8.3 NEW TRANSDUCER

(Forward Looking Sonar)

0006AK 5.9.1 - 5.9.4 EXTERIOR CABIN

0007 INCLINE EXPERIMENT & PLACING OF

BALLAST

0007AA 5.10.1-BALLAST

0007AB 5.10.2 INCLINE EXPERIMENT

0008 DIESEL ENGINES, GENERATOR &

TRANSMISSIONS

0008AA 5.11.1 - 5.11.5 MAIN ENGINES

0008AB 5.11.6 TWIN DISK TRANSMISSIONS

0008AC 5.11.7 ONAN GENERATOR

0009 STEERING SYSTEM

0009AA 5.12.1 STEERING OVERHAUL 1 Job

0009AB 5.12.2 STEERING ADDED

REDUNDANCY

0010 5.13 ENGINE / TRANSMISSION

& SHAFT ALIGNMENT

5.14 ROTATING MASS VIBRATIN

ANALYSIS 1 Job

5.15 ENGINE ROOM INTERIOR

LIGHTING

0013 Interior Repairs & Maintenance

0013AA

5.16.1-1.16.4 BILGE PUMPS

Pricing Arrangement: Firm Fixed Price 1 Job

0013AB

5.17 INSTALL TANK MONITORING

SYSTEMS Pricing Arrangement: Firm Fixed Price

0013AC

5.18 ENGINE ROOM BILGE CLEANING

Pricing Arrangement: Firm Fixed Price 1 Job

0013AD 5.19 FUEL TANKS

0013AE 5.20 LIFE RAFT & MOUNT

0013AF 5.21 RELOCATE AND INSTALL NEW LIFE

RINGS & HOLDERS

0013AG INSTALL NAVIGATION (GOVERNMENT

VESSELS) LIGHTS

0014 Electronic Repairs

0014AA 5.23 INSTALL NAVIGATION

(GOVERNMENT VESSELS) LIGHTS

0014AB 5.24 WINDOW DE-FROSTING

0014AC 5.25 CONSTRUCT NEW MAIN SWITCH

PANEL LEFT SIDE OF HELM STATION

0014AD 5.26 REMOVE EXISTING AND

REPLACE ISOLATION TRANSFORMER

0014AE 5.27 TROUBLESHOOT & PLAN REPAIR

FOR THE 24 VOLT SYSTEM

0014AF 5.28 ISOLATE 24 VOLT DC SYSTEM

FROM THE AC SYSTEM

0014AG 5.29 RELOCATE SHORE POWER PLUG

0014AH 5.30 MAIN AC PANEL REBUILD

0014AJ 5.31 REMOVE & REPLACE ONE

ELECTICAL CIRCUIT

0014AK 5.32 CLEAN OVERHEAD OF RESIDUE

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor

Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

52.203-19 Prohibition on Requiring Certain

Internal Confidentiality

Agreements or Statements.

2017-01

52.204-13 System for Award Management-

Maintenance. (Deviation 2026-

O0038)

2026-02

52.209-6 Protecting the Government's

Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for

Debarment, or Voluntarily

Excluded. (Deviation 2026-

52.209-9 Updates of Publicly Available

Information Regarding

Responsibility Matters.

(Deviation 2026-O0038)

52.212-4 Terms and Conditions-

Commercial Products and

Commercial Services. (Deviation

2026-O0038)

52.219-6 Notice of Total Small Business

Set-Aside. (Deviation 2026-

O0038)

2026-02

52.219-8 Utilization of Small Business

Concerns. (Deviation 2026-

O0038)

2026-02

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-

O0038)

2026-02

52.222-37 Employment Reports on

Veterans. (Deviation 2026-

O0038)

2026-02

52.222-40 Notification of Employee Rights

Under the National Labor

Relations Act. (Deviation 2026-

O0038)

2026-02

52.222-41 Service Contract Labor

Standards. (Deviation 2026-

O0038)

2026-02

52.222-44 Fair Labor Standards Act and

Service Contract Labor

Standards-Price Adjustment.

(Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in

Persons. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive

Order 13706. (Deviation 2026-

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving.

2024-05

52.229-12 Tax on Certain Foreign

Procurements.

2026-02

52.232-33 Payment by Electronic Funds

Transfer-System for Award

Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation

2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of

Contract Claim. (Deviation 2026-

DFARS Clauses Incorporated by Reference

Alternate

Deviation

Variation

Effective

252.203-7000 Requirements Relating to

Compensation of Former DoD

Officials.

2011-09

252.203-7002 Requirement to Inform

Employees of Whistleblower

Rights.

2022-12

252.204-7012 Safeguarding Covered Defense

Information and Cyber Incident

2024-05

Reporting.

252.204-7018 Prohibition on the Acquisition of

Covered Defense

Telecommunications Equipment or Services.

2023-01

252.204-7022 Expediting Contract Closeout. 2021-05

252.225-7012 Preference for Certain Domestic

Commodities.

2022-04

252.225-7056 Prohibition Regarding Business

Operations with the Maduro

Regime.

2023-01

252.225-7060 Prohibition on Certain

Procurements from the Xinjiang

Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian

Organizations, Indian-Owned

Economic Enterprises, and

Native Hawaiian Small Business

Concerns.

2023-01

252.232-7003 Electronic Submission of

Payment Requests and

Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable

Adjustment.

2022-12

252.244-7999 Subcontracts for Commercial

Products or Commercial

Services. (DEVIATION 2026-

O0015)

2026-01

252.245-7005 Management and Reporting of

Government Property.

2024-01

252.247-7023 Transportation of Supplies by

Sea.

2024-10

FAR Clauses Incorporated by Full Text

Alternate

Deviation

Variation

52.219-14 Limitations on Subcontracting.

Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)

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

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

(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) Applicability. This clause applies only to-

(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 sections

19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; 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) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract 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 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;

(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.]

[ ] 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 protégé and its mentor approved by the

Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé 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)

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

Statement of Equivalent Rates for Federal Hires (May 2014)

I n complia nce with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part

4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for

Information Only: It is not a Wage

Determination

Employee Class Monetary Wage-Fringe

Benefits

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Alternate

Deviation

Variation

Effective

Date

52.209-10 Prohibition on Contracting With

Inverted Domestic Corporations.

52.222-3 Convict Labor. (Deviation 2026-

52.223-23 Sustainable Products. (Deviation

52.240-91 Security Prohibitions and

Exclusions. (Deviation 2026-

52.244-6 Subcontracts for Commercial

Products and Commercial

Services. (Deviation)

52.245-1 Government Property. 2021-09

52.245-9 Use and Charges. 2012-04

DFARS Clauses Incorporated by Reference

Alternate

Deviation

Variation

252.225-7048 Export-Controlled Items. 2013-06

252.237-7010 Prohibition on Interrogation of

Detainees by Contractor

Personnel.

2023-01

252-240-7997 NIST SP 800-171 DoD

Assessment Requirements.

(DEVIATION 2026-O0025)

Solicitation Provisions

FAR Provisions Incorporated by Reference

Alternate

Deviation

Variation

52.204-7 System for Award Management-

Registration. (Deviation 2026-

52.212-1 Instructions to Offerors-

Commercial Products and

Commercial Services. (Deviation

DFARS Provisions Incorporated by Reference

Alternate

Deviation

Variation

Effective

Date

252.203-7005 Representation Relating to

Compensation of Former DoD

Officials.

2022-09

252.204-7008 Compliance with Safeguarding

Covered Defense Information

Controls.

2016-10

252.204-7024 Notice on the Use of the Supplier

Performance Risk System.

2023-03

252.215-7008 Only One Offer. 2022-12

252.225-7055 Representation Regarding

Business Operations with the

Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain

Procurements from the Xinjiang

Uyghur Autonomous Region-

Representation.

2023-06

DFARS Provisions Incorporated by Full Text

Alternate

Deviation

Variation

252.204-7017 Prohibition on the Acquisition of

Covered Defense

Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications

Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense

Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered

(include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision) https://www.sam.gov/

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title Effective Alternate Variation Date Deviation Effective

52.212-2 Evaluation-Commercial Products 2026-02 and Commercial Services.

(Deviation)

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors will be used to evaluate offers:

PRICE

TECHNICAL

PAST PERFORMANCE

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award..

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Alternate

Deviation

Variation

Effective

Date

52.203-11 Certification and Disclosure

Regarding Payments to Influence

Certain Federal Transactions.

2024-09

52.203-18 Prohibition on Contracting with

Entities that Require Certain

Internal Confidentiality

Agreements or Statements-

2017-01

52.240-90 Security Prohibitions and

Exclusions Representations and

Certifications. (Deviation 2026-

FAR Provisions Incorporated by Full Text

Alternate

Deviation

Variation

52.229-11 Tax on Certain Foreign

Procurements-Notice and

2020-06

Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United

States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting

Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

http://www.irs.gov/w14

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption

[Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the

Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR

52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

DFARS Provisions Incorporated by Full Text

Alternate

Deviation

Variation https://www.irs.gov/help/tax-law-questions

252.204-7998 Alternate A, Annual

Representations and

Certifications. (DEVIATION 2026-

O0043)

2026-02 Alternate

A

Deviation

2026-

O0043

Alternate A, Annual Representations and Certifications (DEVIATION 2026-O0043)(FEB 2026)

Include the following paragraphs (e), (f), and (g) in the provision at FAR 52.204-7:

(e)(1) If the provision at FAR 52.204-7, System for Award Management - Registration, is included in this solicitation, paragraph (g) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management - Registration, is not included in this solicitation, and the Offeror has an active registration in the System for Award

Management (SAM), the Offeror may choose to use paragraph (g) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (g) applies.

[ ] (ii) Paragraph (g) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(f)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--

Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a

Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--

Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a

State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of

$150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

[ ](i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

[ ](ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

[ ](iii) 252.225-7020, Trade Agreements Certificate.

[ ]Use with Alternate I.

[ ](iv) 252.225-7031, Secondary Arab Boycott of Israel.

[ ](v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program

Certificate.

[ ]Use with Alternate I.

[ ]Use with Alternate II.

[ ]Use with Alternate III.

[ ]Use with Alternate IV. [

]Use with Alternate V.

[ ] (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing

Persons with Disabilities.

[ ] (vii) 252.232-7015, Performance-Based Payments--Representation.

(g) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov After reviewing the SAM database information, the

Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-7 and paragraph

(f) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.203-1); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS provision No. Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

https://www.sam.gov/