B.01 Combined Synopsis Solicitation W912HN26QA011 J.STROM THURMOND FY26.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation notice being posted as an avenue to provide Request for Quotes on solicitation W912HN26QA011. This is a solicitation for a commercial product in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION.

QUOTES ARE BEING REQUESTED. This will be solicited as 100% Small Business set-aside. The NAICS Code is 325120 with a size standard of 1,200 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2025-06.

Title of Requirement: FY26 Liquid Oxygen for J. Strom Thurmond Dam and Lake Project

Description of Requirement: The work to be performed under this contract consists of supplying liquid oxygen, as described in DESCRIPTION/SPECS/WORK STATEMENT.

below, to the J. Strom Thurmond Dam and Lake Project.

Submission Requirements: Fill out and return pages 3 (RFQ), and (BID Schedule) of this document. In a separate attachment entitled “Supplier Agreement/Contract” provide a document which shows evidence that the contractor has an agreement with an actual producer/supplier/deliverer of the product. In a separate attachment entitled “Past Performance” offerors shall provide project title, detailed description phone of contact and telephone number for two deliveries of bulk oxygen in which your firm has successfully executed delivery of liquid bulk oxygen within the last 5 years).

Demonstrated experience information shall not exceed 2 pages in length (one page per delivery). Each delivery must include point of contact information.

Quotes should be emailed to Alicia Scott at alicia.d.scott@usace.army.mil by 19 March 2026 at 11:00 a.m. Eastern Daylight Time with a copy to Chad Arnett at chad.a.arnett@usace.army.mil.

Basis for Award: 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. (See– Evaluation Factors for award 52.212-2).

This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation – Commercial Products and Commercial Services, and FAR 9.104. Technical acceptability will be determined on the basis of Contractor submission of the following requirements:

• Supplier Agreement/ Contract which shows evidence that the contractor has an agreement with an actual producer/supplier/deliverer of the product.

• Demonstrated Experience in performing two (2) deliveries of bulk oxygen in which your firm has successfully executed delivery of liquid bulk oxygen (within the last 5 years). The two deliveries will demonstrate the ability to meet the requirements in the Statement of Work.

mailto:alicia.d.scott@usace.army.mil mailto:chad.a.arnett@usace.army.mil.

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.

Submissions shall be submitted via PDF format. Any quote not conforming to the above or omitting any of the submission requirements will not be considered.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Alicia Scott Phone: (912) 652-5005

Email: alicia.d.scott@usace.army.mil

QUOTES DUE BY: 11:00 am (EDT) on 19 March 2026

CONTRACTOR:

UNIQUE ENTITY ID:

CAGE CODE:

TAX ID NO.:

E-MAIL:

PHONE NO.:

DATE OF QUOTE:

PLACE OF MANUFACTURE

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

NOTES TO OFFERORS

Note 1: Quotes shall meet the specifications in the Statement 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 www.sam.gov. or by calling 866-606-8220

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time seven days prior to closing date to Alicia Scott at alicia.d.scott@usace.army.mil Please CC, Chad Arnett at chad.a.arnett@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: This acquisition will utilize Simplified Procedures pursuant to FAR 13.5.

http://www.sam.gov/ mailto:chad.a.arnett@usace.army.mil

BID SCHEDULE

ITEM

No.

Description QTY U/M Unit price Amount

J. STROM THURMOND LIQUID OXYGEN

6,000

Actual Tons

OPTION

Option Item 1: J. STROM THURMOND LIQUID OXYGEN

1,000

OPTION

Option Item 2: J. STROM THURMOND LIQUID OXYGEN

1,000

TOTAL BASE CLIN 0001: $__________________________

TOTAL OPTION CLINS 0002 -0003: $__________________________

TOTAL BASE CLINS PLUS OPTIONS (CLINS 0001-0003):

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, 2026 thru December 1, 2026.

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, 2026 thru December 1, 2026 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, 2026 and December 1, 2026 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, 2026 and December 1, 2026 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 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 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

Gilchrist Ferry Road

JST Liquid Storage Site

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

52.219-6 Notice of Total Small Business Set-Aside. 2026-02

52.222-50 Combating Trafficking in Persons. 2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.229-12 Tax on Certain Foreign Procurements. 2021-02

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. 2026-02

52.233-4 Applicable Law for Breach of Contract Claim. 2026-02

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 Reporting

2024-05

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Alternate Deviation

Variation

52.212-4 Terms and Conditions-Commercial Products and Commercial Services.

2026-02

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026)

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

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

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

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

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

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

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

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

When an excusable delay occurs, the Contractor shall-

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

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

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

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

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

(i) Payment-

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

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

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Alternate Deviation

Variation

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

52.223-5 Pollution Prevention and Right-to- Know Information.

2024-05

52.223-23 Sustainable Products. 2026-02

52.240-91 Security Prohibitions and Exclusions. 2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.217-6 Option for Increased Quantity. 1989-03

Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 24 hours of required delivery.[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-7 Option for Increased Quantity- Separately Priced Line Item.

1989-03

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 24 hours of required delivery[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

Solicitation Provisions

DFARS Provisions Incorporated by Reference

Alternate Deviation

Variation

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

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

2023-03

252.225-7031 Secondary Arab Boycott of Israel . 2005-06

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

DFARS Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [X] does not provide covered https://www.sam.gov/ 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.

(End of provision)

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.

https://www.sam.gov/

(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 [X] 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).

252.225-7000 Buy American--Balance of Payments Program Certificate.

2024-02

BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (FEB 2024)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "critical component," "critical item," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program-Basic clause of this solicitation.

(b) Evaluation. The Government-

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the Offeror certifies that-

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(2) The Offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Line Item Number Country of Origin (If known) Exceeds 55%

Domestic Content (yes/no)

(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number

[List as necessary]

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

52.212-2 Evaluation-Commercial Products and Commercial Services.2026-02 Evaluation-Commercial Products and Commercial Services (Feb 2026)

(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:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state: Evaluation factors other than price when combined are [significantly more important than price/approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

(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

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

FAR Provisions Incorporated by Full Text

Alternate Deviation

Variation

52.229-11 Tax on Certain Foreign Procurements- Notice and Representation.

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.

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 would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet 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.

(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 shall 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) http://www.irs.gov/w14

(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 Internal Revenue Service (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.

(End of provision)

Additional Regulation or Supplemental Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

5152.211-9000 VARIATIONS IN ESTIMATED

QUANTITIES — SUB LINE ITEMS

2019-12

[End of clause.] https://www.irs.gov/help/tax-law-questions