B.01- Combined Synopsis and Solicitation - W912HN25Q5009-2-27-25.pdf

W912HN25Q5009

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; THERE WILL NOT

BE A SEPARATE PRE-SOLICITATION NOTICE POSTED WITH THIS ACTION. QUOTES

ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This procurement will be a 100% set-aside for Small Business. The solicitation number is W912HN25Q5009, and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 325120 - Industrial Gas with a small business size standard of $1,200 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-06.

Title of Requirement: FY25 Liquid Oxygen for the J. Strom Thurmond Dam and lake project located in Modoc, South Carolina

Description of Requirement: The work to be performed under this contract consists of supplying liquid oxygen to the J. Strom Thurmond Dam and Lake Project. The daily liquid oxygen requirement will gradually increase from approximately 15 tons/ day in early summer to a maximum of approximately 100 tons/day in late summer or early fall. The demand then gradually decreases through late fall until the system is shut down in November. The peak demand period will last between three (3) to six (6) weeks.

During the peak demand, periodic daily “around the clock” deliveries, seven (7) days per week will be required. Bulk liquid oxygen shall comply with Compressed Gas Association (CGA) guidelines and shall be at least 99.5%oxygen.

**** The period of performance is from May 1, 2025 through December 1, 2025. ****

Submission Requirements: Fill out the Request for Quotes (RFQ) on page 3, provide the unit and total cost for CLINs 0001 through 0003 on pages 5 through 6, and provide evidence of technical capabilities that are annotated in the Basis of Award on pages 1 and 2; and return via email to Sarai Hayward at sarai.hayward@usace.army.mil and Nathan Aylesworth at nathan.a.aylesworth@usace.army.mil by March 13, 2025 at 9:00 a.m. EST.

Basis for Award. The Government has the right to reject any and all offers. The Government will make an award to the lowest priced, responsible, responsive quote that meets or exceeds the requirements stated, and whose proposed price has been determined to be fair and reasonable. This is in accordance with the Federal Acquisition Regulation (FAR) 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES and FAR 9.104.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government will make an award to the lowest priced Offeror who is deemed technically acceptable, responsive, with a responsibility determination that meets or exceeds the requirements stated, and whose proposed price has been determined to be fair and reasonable. Technical acceptability will be determined on the basis of Contractor submission of the following requirements:

mailto:sarai.hayward@usace.army.mil mailto:nathan.a.aylesworth@usace.army.mil

- Supplier Agreement/ Contract reflecting the capacity requirement of the Scope of Work

- Project Plan/ Delivery Plan (include a description of using contract drivers and trucks or company owner trucks, include the use of company installed telemetry on the tanks or forecasting based on our use rates.

- Demonstrated Experience in performing two (2) deliveries of bulk oxygen in which your firm has successfully executed delivery of liquid bulk oxygen (between 2018 through 2024). Demonstrated experience information shall not exceed 2 pages in length (one page per delivery). Each delivery must include Point of Contract information.

- All the above information shall include Point of Contact information to include the name, title, email address and phone number of the reference/s Point of Contact.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Equal Low Quotes: Contracts shall be awarded in the following order of priority when two or more low quotes are equal in all respects:

(1) The Contractor’s Small Business Socioeconomic Category will be evaluated against The Savannah District’s FY25 Small Business Contracting Goals. In the event of tied equal low quotes, the contractor’s Small Business Socioeconomic Category shall be used as a tie breaker, with consideration provided to the contractor whom may fall under a category in which the Savannah District is deficient.

If two or more quotes remain equally eligible after application of the above, award shall be made by a drawing by lot limited to those quotes. If time permits, the contractors involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by at least three persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

REQUEST FOR QUOTE

US Army Corps of Engineers – Savannah District

POC: Sarai Hayward

Phone: (912) 652-5348

Email: sarai.hayward@usace.army.mil

QUOTES DUE BY: 9:00 am (ET) on 13 March 2025

CONTRACTOR: ______________________________________________________

UNIQUE ENTITY ID: _________________________________________________

CAGE CODE: ________________________________________________________

TAX ID NO.: _________________________________________________________

E-MAIL: ____________________________________________________________

PHONE NO.: ________________________________________________________

DATE OF QUOTE: ____________________________________________________

PLACE OF MANUFACTURE: ___________________________________________

QUOTE PREPARED AND CERTIFIED BY:

Print Name and Title Date

The Contractor, by signing this document, understands and complies with the requirements listed in the Statement of Work (SOW) and shall provide equipment meeting the requirements.

NOTES TO OFFEROR

Note 1: Quotes shall meet the specifications in the Scope of Work to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e., Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220.

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time five days prior to closing date to Sarai Hayward at sarai.hayward@usace.army.mil and Nathan Aylesworth at nathan.a.aylesworth@usace.army.mil

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote.

Note 5: This acquisition will utilize Simplified Procedures pursuant to FAR 13.1.

Note 6: Include a unit price and a total for each Item No.

Note 7: The Government plans to award without discussions or negotiations; however, if after receipt of the quote if it is subsequently determined that discussions/negotiations are necessary, appropriate steps will be taken and the need for such discussions/negotiations shall be adequately documented in the contract file.

Submissions may be submitted via PDF format. Any submission not conforming to the above requirements will not be considered.

Note 8: There will be no wage determination as this is not applicable for this supply acquisition.

************ The Government reserves the right to cancel this solicitation. ************** http://www.acquisition.gov/ mailto:sarai.hayward@usace.army.mil mailto:nathan.a.aylesworth@usace.army.mil http://www.sam.gov/

Section B - Supplies or Services and Prices

SECTION B

ENTER PRICES WHERE SPACE IS PROVIDED FOR ALL ITEMS.

FAILURE TO FOLLOW THIS INSTRUCTION MAY RENDER THE QUOTE NON-

RESPONSIVE AND THE QUOTE WILL NOT BE CONSIDERED FOR AWARD.

**THE ONLY ACCEPTABLE FORMAT FOR PRICING BY THE GOVERNMENT WILL BE

DOLLAR VALUES EXPRESSED IN NO MORE THAN 2 (TWO) DECIMAL PLACES**

(Example $100,000.00)

ITEM NO SUPPLIES/SERVICE

S

QUANTITY UNIT UNIT PRICE AMOUNT

0001 6,000 Net Ton (2,000

LB).

JST Liquid Oxygen (BASE) ____FFP

May 1, 2025 through December 1, 2025

FOB: Destination

PSC CD: 6830

NET AMT

QUANTITY UNIT UNIT PRICE AMOUNT

0002 1,000 Net Ton

JST Liquid Oxygen (OPTION 1) ____FFP

Anytime between July 1, 2025 through December 1, 2025

QUANTITY UNIT UNIT PRICE AMOUNT

0003 1,000 Net Ton

JST Liquid Oxygen (OPTION 2) ___FFP

Anytime between July 1, 2025 through December 1, 2025

Section C - Descriptions and Specifications

DESCRIPTION/SPECS/WORK STATEMENT

1. SCOPE OF WORK. The work to be performed under this contract consists of supplying liquid oxygen, as described in paragraph 2 below, to the J. Strom Thurmond Dam and Lake Project. The period of this requirement is May 1, 2025 thru December 1, 2025.

2. LIQUID OXYGEN. The contractor shall furnish liquid oxygen as specified below.

a. SYSTEM REQUIREMENTS: The daily liquid oxygen requirement will gradually increase from approximately fifteen (15) tons/day in early summer to a maximum of approximately one hundred

(100) tons/day in late summer or early fall. The demand then gradually decreases through late fall until the system is shut down in November. The peak demand period will last between three (3) to six (6) weeks. During the peak demand, periodic daily “around the clock” deliveries, seven (7) days per week will be required. Bulk liquid oxygen shall comply with Compressed Gas Association (CGA) guidelines and shall be at least 99.5% oxygen.

b. BASE REQUIREMENT. The contractor shall furnish up to 6,000 tons of liquid oxygen from May 1, 2025 thru December 1, 2025 as described in 2.a.above

c. OPTION 1. The contractor shall furnish an additional 1,000 tons of liquid oxygen anytime between July 1, 2025 and December 1, 2025 as described in 2.a. above.

d. OPTION 2. The contractor shall furnish an additional 1,000 tons of liquid oxygen anytime between July 1, 2025 and December 1, 2025 as described in 2.a. above.

3. DELIVERY SCHEDULE. The Contracting Officer’s Representative will advise the contractor in writing of the rate at which oxygen is being injected into the lake and of any change in this rate. It will be the contractor’s responsibility to ensure that the storage tanks are kept at a sufficient level to support uninterrupted system operation and to prevent system pressure drops. It will be the contractor’s responsibility to ensure that the storage tanks are filled at a rate that does not cause shutdown of the system due to high pressure. It will be the contractor’s responsibility to ensure proper operation of the valves when filling storage tanks. Storage facilities consist of two (2) twenty-two thousand (22,000) gallon storage tanks. The tanks will be empty prior to the initial fill. The contractor shall be responsible for all hoses and adapters necessary to transfer the oxygen from the tanker truck to the liquid storage tanks. The contractor shall continue delivery of liquid oxygen until seasonal lake destratification occurs in the contract year.

4. PLACE OF DELIVERY. Oxygen will be delivered to the Government storage facility at the J.

Strom Thurmond Dam and Lake Project, Modoc, South Carolina. The facility can accommodate full size twenty (20) ton tankers. The storage facilities are located at the end of Gilchrist Ferry Road in Modoc, SC (see Vicinity Map).

5. COORDINATION OF DELIVERIES. The contractor will be responsible for coordinating all deliveries with the Richard B. Russell Power Plant Shift Operator. Telephone Number (706) 213- 3465. The driver will notify the Richard B. Russell Power Plant Shift Operator upon arrival at the LOx storage tank site before off loading of LOx and also notify Richard B. Russell Power Plant Shift Operator when leaving the storage facility. The driver must provide the Richard B.

Russell Power Plant Shift Operator his or her name.

6. GENERAL SAFETY REQUIREMENTS. Deliveries and liquid tank truck transfers will be in accordance with the Compressed Gas Association (CGA) P-12-2009. Safe Handling of Cryogenic Liquids.

a. The requirements stated herein are applicable to the contractor’s employees and to any contract carrier and its employees used by the Contractor.

b. Contractor should routinely inspect the roads to the USACE J. Strom Thurmond bulk LOx storage tank site.

c. Contractor truck drivers shall be aware that USACE oxygen sites are operated remotely and automatically. Truck drivers shall remain alert for system operating changes that can affect LOx tank pressure and the tank filling operation.

d. USACE LOx tank pressures and levels are continuously monitored and the data is recorded. The data can be watched live or retrieved at any time to monitor what occurs during LOx tank filling.

e. USACE LOx tank fill pipes have a design pressure of 250 psig. Truck drivers shall monitor the off-loading pressure and ensure that it does not exceed 250 psig.

f. Unless noted otherwise, USACE LOx tanks shall be maintained at a pressure between 180 and 190 psig as shown on the tank’s electronic pressure transmitter digital readout during tank filling. Truck drivers shall not leave the site if the tank pressure is below 180 psig.

g. USACE LOx tanks shall never be filled above the full trycock level.

h. Truck drivers shall not depart with the LOx tank at a pressure over 195 psig.

i. Truck drivers shall not depart until the fill pipe has returned to ambient temperature and is no longer venting.

j. Truck drivers shall not depart with any LOx tank hose drain valve(s) open.

LOx remaining in the fill pipe at the completion of off-loading shall be allowed to warm to gas that is vented. Afterwards, the valve(s) is closed.

k. Truck drivers shall not depart prior to properly closing valves on the LOx tank that were used for tank filling.

l. Truck drivers who unlock and open a gate(s) to access the LOx tank(s) shall close and lock the gate immediately after passing through it. This applies to traveling both to and from the tank(s).

m. In the event the truck driver observes a problem at the oxygen site, the driver shall call the Richard B. Russell Power Plant Shift Operator and advise them of the problem.

n. Truck drivers shall use all appropriate personal protective equipment while working on USACE property.

o. Contractor shall provide a spill kit at the site large enough to contain or absorb any volume of petroleum liquid associated with or contained on the delivery vehicle.

7. SECURITY REQUIREMENTS.

a. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by

DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

c. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

Vicinity Map verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

Gilchrist Ferry Road

JST Liquid Storage Site

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2025 TO

01-DEC-2025

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

W912HN

0002 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination JAN 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for 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.

https://www.sam.gov/ https://wawf.eb.mil/

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items—

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

(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.

https://wawf.eb.mil/

(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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Section H - Special Contract Requirements

FAR 52.229-11& 52.229-12

Special Contract Requirements:

1) FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number:W912HN25Q5009

Line 7 “Name and address of the acquiring agency”

U.S. Army Corps of Engineers, Savannah District

100 W. Oglethorpe Ave., Savannah, GA 31401

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.”

Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability.

Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.204-28 Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

DEC 2023

52.207-3 Right of First Refusal of Employment MAY 2006

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.213-1 Fast Payment Procedure MAY 2006

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-6 Alt I Notice of Total Small Business Set-Aside (NOV 2020) Alternate I

MAR 2020

52.219-33 Nonmanufacturer Rule SEP 2021

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies

FEB 2024

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

JUN 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-25 Affirmative Action Compliance APR 1984

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021

52.222-54 Employment Eligibility Verification MAY 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

NOV 2007

52.226-7 Drug-Free Workplace MAY 2024

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020

52.228-2 Additional Bond Security OCT 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.229-12 Tax on Certain Foreign Procurements FEB 2021

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-24 Prohibition of Assignment of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

NOV 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.234-1 Industrial Resources Developed Under Title III, Defense Production Act

SEP 2016

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities

NOV 2024

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.246-23 Limitation Of Liability FEB 1997

52.246-26 Reporting Nonconforming Items. AUG 2024

52.249-2 Termination For Convenience Of The Government (Fixed-Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

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

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 (Dev)

Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013

REVISION 1)

MAY 2024

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

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

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System

MAR 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7006 Use of Employees or Individual Subcontractors Who Are Members of the Selected Reserve

OCT 2008

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders

DEC 2022

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American and Balance of Payments Program FEB 2024

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities APR 2022

252.225-7013 Duty-Free Entry--Basic NOV 2023

252.225-7021 Trade Agreements--Basic FEB 2024

252.225-7025 Restriction on Acquisition of Forgings DEC 2009

252.225-7048 Export-Controlled Items JUN 2013

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

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

JUN 2023

252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

JAN 2023

252.225-7972 (Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024- O0014)

AUG 2024

252.225-7973 (Dev)

Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation

(DEVIATION 2024-O0014)

AUG 2024

252.226-7003 Drug-Free Work Force AUG 2024

252.228-7001 Ground And Flight Risk MAR 2023

252.228-7003 Capture and Detention DEC 1991

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7011 Payments in Support of Emergencies and Contingency Operations

MAY 2013

252.242-7005 Contractor Business Systems FEB 2012

252.242-7006 Accounting System Administration FEB 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.244-7001 Contractor Purchasing System Administration MAY 2014

252.244-7001 Alt I

Contractor Purchasing System Administration (May 2014) --Alternate I

MAY 2014

252.246-7003 Notification of Potential Safety Issues JAN 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the contracting officer and shall not be binding until so approved.

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name)

(Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name

Manufacturer's Name

Source's Name

Item Name

Service Identification

Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not in itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate the contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interests, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

52.212-4 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.