B.08. Combined Syn_Sol_26QA027.pdf

SUPPLY AND INSTALL METAL STORAGE BUILDING AT BOLIVAR

MITIGATION AREA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.2, as supplemented with additional information included in this notice.

Solicitation Number W912EE26QA0027 is being issued as a request for quote (RFQ) with the intent to issue one Firm-Fixed Price Contract. This solicitation is being issued as a 100% total small business set-aside. The NAICS code for this requirement is 332311 - Prefabricated Metal Building and Component Manufacturing, the size standard is 750 employees. This procurement is being conducted in accordance with regulations at RFO Part 12 - Acquisition of Commercial Products and Commercial Services

The U.S. Army Corps of Engineers, Vicksburg District, requires the supply and installation of a pre-engineered storage building at the Bolivar Mitigation Area. The contractor shall lay the concrete, purchase, deliver, and install the storage building, and provide a commercial warranty and perform any rework, if necessary. All work shall be completed no later than 90 days after award.

All Offerors shall submit a quote with content as specified herein. Quotes submitted without the specified content may be determined non-responsive and removed from further consideration.

Offers are encouraged to review all clauses that are incorporated into this solicitation.

****SPECIAL ATTENTION SHOULD BE FOCUSED ON FAR 52.212-2 EVALUATION

– COMMERCIAL PRODUCTS, AS THIS CLAUSE OUTLINES THE EVALUATION

FACTORS FOR THIS REQUIREMENT. SEE NEXT PAGE ****

The government intends to make one award for one firm fixed price contract. Offers for less than the required delivery will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide the best proposed pricing in their initial offer.

A site visit will be held on Thursday, May 28, 2026, from 12pm-2pm CST at the project site.

Please contact Chad Phillips at 601-415-8660 or John Hood at 601-831-0017 to confirm the time for your visit. Coordinates for this site are (34.122965, -90.799082). Government employees are not allowed to discuss project specifics. Any formal questions shall be submitted through the ProjNet portal. See information below.

Quotes shall be submitted electronically via email, to the following:

Genna.W.Wooten@usace.army.mil Dustin.G.Cannada@usace.army.mil

For information concerning this solicitation, contact Genna Wooten or Dustin Cannada at the above email.

mailto:Genna.W.Wooten@usace.army.mil mailto:Dustin.G.Cannada@usace.army.mil

• You are responsible for reading all information contained in this solicitation and all attachments if any posted with it.

• Offerors should check the SAM.gov web site often for modifications to this solicitation.

• Offerors are responsible for ensuring their quotes arrive timely.

TECHNICAL INQUIRIES AND QUESTIONS

*QUESTIONS WILL NOT BE ANSWERED VIA EMAIL OR PHONE CALL. *

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions early in the advertisement process, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Any questions submitted within the 72 hours window of the solicitation closing date are not guaranteed a response will be proivded. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Solicitation Number is: W912EE26QA027 - Supply and install metal storage building

The Bidder/Offeror Inquiry Key is: 2Z568C-RR6IQH

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

https://www.projnet.org/

52.212-2 EVALUATION--COMMERCIALPRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(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 award a contract to the lowest priced quote that conforms to the requirement of the solicitation. Proposals will be evaluated for conformance. For an Offeror to be considered for award, the proposal must receive an “Successful” rating. A proposal receiving a rating of “Unsuccessful” will not be eligible for award.

FACTOR 1 - CAPABILITY

Offerors shall be evaluated on an (successful/unsuccessful) basis. - To be determined successful, the contractor shall submit documentation that clearly demonstrates that they have the capability to or provide the product(s) as specified in the scope of work, including:

• Clear project schedule, demonstrating the ability to complete all delivery and installation work within the required 90-day timeframe

• Comprehensive delivery plan

• Identify the licensed professional engineer that will provide the stamped and sealed drawings

To be determined successful, the contractor shall submit documentation that clearly demonstrates that they have the capability to deliver the supplies as specified in the scope of work.

FACTOR 2 PRICE

The total quoted price will be determined by a summation of the quoted pricing of the line item listed in section B of this solicitation. Quotes will be examined to determine the extent to which quoted prices are comparable with the Government estimates, previous procurement history, and a determination made of Price Reasonableness. The Government may reject any price quote that is determined to be Not Fair and Reasonable, unrealistically high or low in price when compared to Government estimates, or are unbalanced, such that the price quote is deemed to reflect an inherent lack of competence or failure to comprehend the requirements.

AWARD:

It is incumbent upon the offeror to submit sufficient documentation and information for the government to evaluate their capability and the price. Failure to submit sufficient information for the government to determine the capability of the offeror and price may be cause for rejection of your offer.

Award will be made to the contractor whose price is the lowest of all offers determined successful. The government will evaluate the lowest priced offer’s capability. If the lowest priced offer is determined to be unsuccessful, the next lowest priced offers capability will be evaluated until a successful offer is determined.

NOTE: All offers must be valid for 60 days.

(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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Created On:

21 May 2026, 15:54 PM Central Daylight Time

Solicitation/Contract Form Continuation

Supply and install metal storage building.Instrument Name:

Product Service Code : 5450

W912EE26QA027

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Supply and install metal storage building at Bolivar Mitigation Area (Coordinates:

34.122965, -90.799082) Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

: The contractor shall provide all labor, tools, equipment, transportation, parts, Scope of Work materials, and other incidentals necessary to supply and install a pre-engineered storage building structure at Bolivar Mitigation Area located on Alligator-Hillhouse Road in Bolivar County, MS (coordinates: 34.122965, -90.799082). The contractor shall be responsible for ensuring all products and installation provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer's specifications, industry standard practices and this Performance Work Statement (PWS).

The contractor shall purchase, deliver and install one 60-ft x 60-ft I-beam (red iron) steel building with a 14-ft eave height and a 6-inch concrete welded wire re-enforced floor. The building will be a pre-engineered building having 26-gauge galvalume roof and walls. Roof will have a 4:12 roof pitch with 6 inches of eave overhang and 6 inches of gable overhang. The walls and trim will all be tan colored. All columns will be supported by concrete footings. The concrete footings and slab will be a 3,500-psi mix and all rebar reinforcement will be by engineer's design. One 12-ft (H) x 16-ft

(W) roll-up steel door will be installed on each of the endwalls of the building. These doors will be a Raynor slat type door constructed with 22-gauge steel and have a manual chain hoist for operation. Also, one 3/0 7/0 steel walk-in door with all required hardware will be installed on one sidewall of the building. Structure, footings and concrete slab will be designed and stamped by a licensed professional engineer.

The building will be rated for extreme wind load and snow load, with a wind rating of 140 MPH and a snow load of 20 PSF. Stamped and sealed drawings and calculations will be provided by a licensed professional engineer for compliance with applicable local and state building codes concerning the building and foundation elements.

All work shall be conducted in accordance with USACE Safety and Occupational Health Requirements (EM 385-1-1) and adhere to local, state, and federal building codes. Contractor shall install all materials in a professional manner based on product specifications to ensure structure is safe for employee utilization.

Government personnel will prep the site by clearing any existing vegetation. Minimal grading may be required by the contractor to ensure the site is level. Contractor will be required to supply, place and compact select fill material to raise the building pad 12 inches above existing grade.

Defective Items: The contractor shall provide a standard commercial warranty and perform the rework at no additional cost to the government.

Hours of Operation: The contractor shall be available between the hours of 0700 and 1630 Monday through Friday (except federally observed holidays), to receive verbal notification of any order.

Contractor shall provide the government with one complete copy of the manufacturer's installation instructions and maintenance kit at the end of the installation. During the installation, the site will be kept clean of debris and trash. Tools and materials may be stored on site with appropriate protective measures and approval by the government's representative.

: Government Furnished Property (GFP) is not Government Furnished Property (GFP) applicable to the performance of this contract.

Refuse Removal: Contractor shall be responsible for the disposal of material collected from site.

Debris is to be hauled from the location once job has been completed.

SECURITY REQUIREMENTS:

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Non-U.S. Citizens working on Government Contracts: Government Approval MUST be obtained PRIOR to any non-U.S. Citizen being permitted to work on a government contract. The Contractor must submit a letter requesting approval via the Contracting Officer/Contracting Officer Representative to the Vicksburg District Security Officer. The letter must include the contract number, period of performance, location(s) of work performance and attach a copy of the individual's passport and visa/work authorization documents.

*** END OF NARRATIVE ***

Requirements The Operations Section requires the supply and installation of a pre-engineered storage build-ing at the Bolivar Mitigation Area. The contractor shall lay the concrete, purchase, deliver, and install the storage building.

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance shall be completed once structure has been delivered and installed. Installation will take place at Bolivar Mitigation Area, Coordinates: 34.122965, -90.799082. See scope of work for full details.

DoDAAC: 964410 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

MARKS FIELD OFFICE, PO BOX 126

MARKS, MS 38646

UNITED STATES

Chad Phillips

Continuation of Deliveries or Performance

0001 Delivery Schedule From date of lead time event to completion of performance 90 Calendar Days

Date of Award 1 JobQuantity

Address and POC Ship To DoDAAC: 964410 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

MARKS FIELD OFFICE, PO BOX 126 MARKS, MS 38646 UNITED STATES

JEFFREY CH PHILLIPS, DELIVER_TO_EMP_ID_NO

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Continuation of Accounting and Appropriation Data

1. CYBERSECURITY MATURITY MODEL CERTIFICATION (CMMC): In accordance with DFARS 240.370-5 the following provisions and clauses are required in all solicitations except for solicitations/contracts solely for the acquisition of commercially available off-the-shelf (COTS) items:

Provision - 252.204-7008, Compliance with Safeguarding Covered Defense Information Control.

Clause - 252.204-7009, Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information.

Clause - 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

Clause - 252.240-7997, NIST SP 800-171 DoD Assessment Requirements.

In the case of solicitation no. W912EE26QA027, implementation of a NIST SP 800-171 assessment is not a requirement since there is no covered defense information provided by the Government in the release of the solicitation, and the solicitation contains no controlled technical information. All information related to this project has been posted for full public view at www.sam.

gov.

2. AUTHORITY FOR CHANGE OR MODIFICATION

"Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an Administrative Contracting Office (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer."

3. ELECTRONIC FUNDS TRANSFER INFORMATION

"All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered /maintained in the System for Award Management (SAM) located at www.SAM.gov. UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete.

To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in SAM. Failure to update/maintain this information in SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration? https://www.fsd.gov /gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one? https://www.fsd.gov /gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov."

4. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS (IF APPLICABLE)

"In addition to complying with the requirements outlined in FAR Part 22.13, FAR FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract.

While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS): https://www.dol.

gov/vets/

W912EE26QA027

https://www.dol.gov/vets/ https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules /employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes "

5. LIMITATIONS ON SUBCONTRACT (IF APPLICABLE):

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100 % Total Small Business under NAICS Code 332311 with a small business size standard of 750 employees.

The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

W912EE26QA027

https://www.fedshirevets.gov/ https://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html https://wct.army.mil/modules/employers/index.html

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

A similarly situated entity is a first-tier subcontractor (including independent contractors) that meets two specific criteria:

1) Same Program Status: It has the same small business program status that qualified you, the prime contractor, for the award.

2) Small Size: It is considered a small business under the size standard for the NAICS code you assigned to that specific subcontract

Upon the Contracting Officer's request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (FAR 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

1. Total cost of contract = $

2. Total cost of performance by Prime and it's similarly saturated entities = $

3. Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated Entities = (Line 1 / Line 2) X 100 = %

6. SPECIAL CONTRACT REQUIREMENTS (IF APPLICABLE)

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: [enter solicitation number]

Line 7 "Name and address of the acquiring agency": USACE Vicksburg District (MVK), Contracting Office, 4155 Clay Street, Vicksburg, MS 39183

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.

7. PERIOD OF PERFORMANCE:

All supplies must be delivered and installed within 90 days of award. All work must be coordinated with the Government Technical Point of Contact listed below and in accordance with the prepared scope of work.

8. INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212-4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

CEMVK-Invoices-Billings@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC AT:

Chad.Phillips@usace.army.mil

3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR'S FINAL INVOICE

SHALL BE SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE

DATE SPECIFIED IN THE CONTRACT. THE INVOICE MUST BE

CLEARLY MARKED AND SUBMITTED AS OUTLINED ABOVE"FINAL"

9. POINTS OF CONTACT

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT:

W912EE26QA027

mailto:CEMVK-Invoices-Billings@usace.army.mil mailto:Chad.Phillips@usace.army.mil

TBD

GOVERNMENT CONTRACTING POINT OF CONTACT:

Genna Wooten

PHONE: 601-631-5826

EMAIL: genna.w.wooten@usace.army.mil

*** END OF NARRATIVE ***

mailto:genna.w.wooten@usace.army.mil

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

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

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

(Deviation 2026-O0038)

2026-03

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on 2026-02

Veterans. (Deviation 2026- O0038)

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

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

2024-05

52.229-12 Tax on Certain Foreign Procurements.

2021-02

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

2021-11

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

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

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

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

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

2023-06

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

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

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

(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)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

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.

(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…