B08.02 Solicitation W912HQ26RA002 SF33 RFP dated 2026.06.26.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Contractor shall provide all labor, personnel and supervision necessary to the management and/or technical services needed to conduct Independent External Peer Reviews in the key areas of planning, biology, economics, environment, hydrology, or engineering. All labor, travel and other costs will be negotiated at the order level.

Pricing Arrangement: Firm Fixed Price

1 Job

W912HQ26RA002

Section C - Description/Specifications/Statement of Work

Requirements Conduct IEPR in accordance with 33 U.S.C. 2343 - Water Resources Development Act.

Contractor to provide management and/or technical services in support of IEPRs for water resources projects, scientific assessments and related work products consistent with OMB Bulletin M-05-03 and WRDA 2007, as amended, and related USACE guidance. For each order under this ordering vehicle, the Contractor will be required to establish a panel of experts, typically in accordance with the National Academy of Science (NAS) policy for selecting committee members, and manage peer reviews for project studies, scientific assessments and/or related work products.

Specific requirements will be detailed in each order, but typically will include developing a work plan in coordination with USACE, establishing a panel of experts in accordance with specified requirements for expertise and applicable conflict of interest criteria, facilitating meetings among the panel and USACE staff, assessing the adequacy and acceptability of the methods used by USACE, considering any public comments submitted to USACE, submitting a final report that includes a full analysis of the project study, scientific assessment or work product, and managing and documenting the panel evaluation of USACE responses to the panel comments. Individual reviews may also include requirements for site visits and briefings to senior USACE officials as specified in each order.

Product Service Code : B599 North American Industry Classification System (NAICS) : 541990

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-4 Inspection of Services-Fixed- Price.

1996-08

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance will be specified in the Performance Work Statement.

DoDAAC: W26HM4 CountryCode: USA

W4EF USA ENGR IWR

7701 TELEGRAPH RD CASEY BLDG 2594, ALEXANDRIA VA 22315-3868

ALEXANDRIA, VA 22315-3868

UNITED STATES

Grant M. Cunningham

Section F - Deliveries or Performance

F001 - PERIOD OF PERFORMANCE

This contract includes a five-year ordering period with no options. The period of performance for each order issued under this contract will be specified in the Performance Work Statement for the order.

F002 - PLACE OF PERFORMANCE

Contractors shall complete all required services at the Contractor's facility. Occasional travel may be required. If travel is required, it will be specified in the Performance Work Statement for the order.

F003 - ON / OFF RAMP

The U.S. Army Corps of Engineers intends to utilize On-Ramps and Off-ramps, as necessary, to maintain a sufficient pool of contract awardees. It is solely up to the Government to determine whether or not On and/or Off ramps will occur. During an On-ramp, the Government will accept and evaluate new proposals with the intention of adding additional agreements to the suite of contracts to refresh the pool of competition and provide the Government with better buying power.

These proposals shall be subject to the same proposal instructions and evaluation procedures as contained in this solicitation. During a contract off-ramp, the Contracting Officer may elect to remove firms from the contractor pool. This can be performed by Off-Ramping a contractor via bilateral modification, via termination for convenience, or termination for default. The decision points below include, but are not limited to, some of the reasons why an On- or Off-ramp may occur.

On-Ramp:

If the Government feels the BPA needs additional competition

If market research shows there are more entrants to this market

If the number of requirements unexpectedly increases

Off-Ramp:

If a contractor fails to participate in at least 2 orders per year with each year being calculated from the date of award of this contract, the Contractor may be subject to Off-Ramping.

If a contractor no longer meets the qualifications listed in WRDA 2007, as amended

If a contractor has a documented poor performance record on two or more orders with an overall performance rating of marginal or lower within a 12-month period, the Contractor may be subject to Off-Ramping.

*** END OF NARRATIVE ***

0001 Delivery Schedule From date of lead time event to completion of performance 5 Calendar Year

Date of Award 1 JobQuantity

Address and POC Place of Performance DoDAAC: W26HM4 CountryCode: USA

W4EF USA ENGR IWR

7701 TELEGRAPH RD CASEY BLDG 2594, ALEXANDRIA VA 22315-3868

ALEXANDRIA, VA 22315-3868 UNITED STATES

cs

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.242-15 Stop-Work Order. 1989-08

Section G - Contract Administration Data

G001 - CONTRACTING OFFICER/AUTHORITY

a. All contractual administration will be carried out by a warranted Contracting Officer acting within their delegated limits. Communications pertaining to contract administration matters shall be addressed to the Contracting Officer shown on the front page of the contract award. No changes in or deviation from the Performance Work Statement shall be effective without a contract modification executed by the Contracting Officer authorizing such changes.

b. The Contracting Officer is the only person authorized to issue changes or otherwise change the terms and conditions of contractual actions. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the Contractor is at risk that no adjustment will be made in the contract action's price to cover any increase(s) in costs incurred as a result thereof.

G002 - CONTRACTING OFFICER REPRESENTATIVES (COR's)

a. The Contracting Officer may appoint one or more Government employees as Contracting Officer Representatives (COR's) for technical purposes applicable to this contract. This individual will represent the Contracting Officer in the technical phases of work but will not be authorized to change any of the terms and conditions of the contract or direct work that will require an amendment to the contract.

b. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this 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.

c. COR appointment(s) shall be in writing, signed by the Contracting Officer, and shall set forth the authority granted to and the limitations of the COR. The appointment letter shall be provided to the contractor who shall acknowledge receipt of the appointment letters in writing without delay. Such signing shall represent the contractor's acknowledgement of the limited authority of the COR.

d. COR appointments may be changed or revoked by the Contracting Officer in writing.

G003 - CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number and order number (as applicable).

G004 - CONSTRUCTIVE CHANGE ORDERS

No order, statement or conduct of the Contracting Officer, the authorized representative of the Contracting Officer, whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change under the "Changes" clause of this contract or entitle the contractor to an equitable adjustment of the contract price or delivery schedule under that or any other clause, unless such change is issued in writing and signed by the Contracting Officer. No representative of the Contracting Officer (either PCO or ACO) shall be authorized to issue a written change order under the "Changes" clause of this contract. The Contractor shall be under no obligation to comply with any orders or directions not issued in writing and signed by the Contracting Officer.

G005 - OMBUDSMAN

A contractor who receives contract may contact the ombudsman with a complaint concerning the award of a particular order placed against this multiple award contract.

The contractor is encouraged to first try to resolve the issue with the Contracting Officer who signed the order prior to contacting the ombudsman. Ombudsman complaints sent via e-mail are acceptable; however, contractors are encouraged to identify in the subject line of the e-mail "Ombudsman Complaint" to ensure appropriate and prompt attention by the ombudsman.

Upon review of the facts, the ombudsman will determine whether the contractor was afforded a fair opportunity consistent with the procedures in the contract and either deny the contractor's complaint or require the Contracting Officer take corrective action regarding the complaint. The ombudsman will communicate his or her determination on the matter to the contractor and Contracting Officer.

The primary ombudsman and secondary ombudsman will be provided at time of award.

G006 - INVOICE INSTRUCTIONS, SUBMISSION REQUIREMENTS, PAYMENT SCHEDULE

AND POINTS OF CONTACT

a. General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract, inclusive of all costs and expenses, the firm-fixed price stated in this contract.

The Contractor shall provide invoices in accordance with FAR 32.905(b). Electronic invoice submissions must be created in black and white and in Adobe's Portable Document Format (PDF) and comply with the requirements specified within this contract. At a minimum, invoices must contain the following elements:

* Name and address of the contractor must match the data shown in the System for Award Management (SAM). Differences between the Contractor name and remittance address on the invoice and the data shown in the System for Award Management (SAM) record can cause delays in payment. Please verify these data agree exactly.

* Invoice date and number.

* Entire Contract number, contract line-item number, the order number and modification number, as applicable.

* Description of the services delivered and accepted during the invoice period including Contract Line-Item Number (CLIN); and the percent of each task/service completed within the invoice period and cumulatively. The description must match those contained in the purchase order/contract description. Additionally, the Contractor shall include the names of all Contractor staff working on contract during the invoice period. The Contractor is authorized to invoice as frequently as monthly. The final invoice must be clearly marked as final.

* Name and address of official to whom payment will be sent.

* If other direct costs and or travel are being invoiced, the Contractor shall submit receipts for those costs along with the invoice. Contractor shall not assess profit or fee against other direct costs and or travel.

b. Invoice Submission. The Contractor shall submit an electronic invoice via e-mail to the following email addresses:

DLL-CEIWRCONTRACT@usace.army.mil

A copy of each invoice shall be furnished to the COR/TPOC as applicable and to the Contract Specialist.

The subject line shall include the contract number, and invoice number and the contractor's final invoice should be marked as such.

c. Questions Regarding Payment. Questions regarding status of payment should be directed to the USACE Finance Center at CEFC-Payments@usace.army.mil (*only if more than 30 days have passed since the invoice was submitted*). A copy of the questions must be furnished to the emails listed above in paragraph b, the Contract Specialist and or the Contracting Officer.

d. Improper/Defective Invoice. Invoices which do not contain the required elements as detailed above and or invoices are deemed rejected upon submission. Invoices that are submitted to incorrect Points of Contact are deemed not received (not constructively received), thus are Improper/Defective. Interest will not accrue on any Improper or Defective invoice.

*** END OF NARRATIVE ***

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

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

2018-12

Section H - Special Contract Requirements

H001 - NOTICE OF INCORPORATION OF SECTION K

This notice is to inform offerors that Section K "Representations, Certifications and Other Statements of Offerors or Quotes (Bidders)" of the solicitation will not be distributed with the contract; however, it is incorporated within and will be included as a part of the resultant contract as though furnished in full text therewith.

H002 - PERFORMANCE MEETING

The Contracting Officer or duly authorized representative may call a conference quarterly, or as deemed necessary, to discuss any phase of performance under the agreement.

H003 - GOVERNMENT RESERVED RIGHTS

The Government reserves the right to pre-approve contractor recommended changes in technical personnel during the period of performance of this contract and any orders issued under it.

H004 - SAFEGUARDING OF INFORMATION

The Contractor (including any subcontractors) and their employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract are for the sole use of and will become the exclusive property of the US Government.

None of the following items concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer's Representative: article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph.

This obligation does not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

H005 - CONTRACT TYPE

The USACE Mission Support Battalion intends to award a Firm Fixed-Price Blanket Purchase Agreements (BPA) to one or more eligible organization whose offer represents the best value to the Government based upon comparatively evaluated Factors as described below. In accordance with the Water Resources Development Act (WRDA) of 2007 as amended and codified (Title 33

US Code 2343(c)(1) awardees shall only be the National Academy of Sciences or a similar independent scientific and technical advisory organization or an eligible organization. In accordance with 33 US Code 2343(k)(3), an eligible organization is defined as:

a. is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of title 26 of the US Code;

b. is independent;

c. is free from conflicts of interest;

d. does not carry out or advocate for or against Federal water resource projects; and

e. has experience in establishing and administering peer review panels.

H006 - ORDERING

The resulting contracts will include an ordering period of five years from the date of award. There is no guarantee that the contract will continue thru the entire five-year ordering period. There is no minimum guarantee for the BPAs. BPAs will be reviewed annually to determine if the Government need still exists, if adequate competition is being achieved, if small business compliance requirements are being met, and to evaluate the contractor's performance under the BPA.

Contractors who receive award of a contract under this solicitation will share a maximum capacity (ceiling) of $7,000,000.00 over the duration of the five-year ordering period.

In accordance with RFO 13.201, individual orders shall not exceed the simplified acquisition threshold.

In accordance with RFO 13.201 (and RFO 12.201-1(c) and RFO 12.201-1(d)), the Government reserves the right to compete and, or rotate orders (BPA Calls) as necessary to ensure adequate levels of competition and participation amongst BPA holders is maintained.

The only authorized ordering office is the USACE Mission Support Battalion (UMSB).

H007 - Orders

The Contractor will be required to provide peer review services in accordance with this contract through the issuance of orders.

Each order issued on a DD Form 1155 in accordance with DFARS 216.506-701, and will contain an individual order number, by which the Contractor will identify the effort on all documentation, including, but not limited to, invoices, vouchers, correspondence and reports.

Prior to issuance of any order with a dollar value over $2,500.00, the Government will transmit a Request for Order Proposal (RFOP) to the contractors awarded a contract based on the procedures in RFO 16.507-2(a), unless one of the exceptions in RFO 16.507-6 applies, or the

Government is rotating an order in accordance with RFO 13.201 (see also RFO 12.201-1(d). After receipt of the RFOP for the individual order, the contractor shall provide a proposal by a required date that includes labor categories with associated pricing. Each individual order proposal must include a technical section and all price elements requested in the RFP (i.e. labor and travel required for completion of the Performance Work Statement). Based upon the proposals received for each order, the Government will select the proposal with the best value to the Government using a tradeoff analysis and an order will be issued to the successful offeror.

Contractors shall not begin performance of services prior to receipt of the signed order, unless otherwise authorized by the Contracting Officer.

All orders issued are subject to the terms and conditions of the BPA. The BPA will control in the event of conflict with any order. Services to be performed will be completed in accordance with the Performance Work Statement attached to each order.

*** END OF NARRATIVE ***

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2026-02

52.204-13 System for Award Management- Maintenance.

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-10 Prohibition on Contracting With 2026-02

Inverted Domestic Corporations.

52.215-2 Audit and Records-Negotiation. 2026-02

52.215-8 Order of Precedence-Uniform Contract Format.

2026-02

52.219-8 Utilization of Small Business Concerns.

2026-02

52.219-9 Small Business Subcontracting Plan. (Alternate II)

2026-02 Alternate

II

2026-02

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

2026-02

52.223-23 Sustainable Products. 2026-02

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

2024-05

52.229-3 Federal, State, and Local Taxes. 2013-02

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-23 Assignment of Claims. 2014-05

52.232-25 Prompt Payment. 2017-01

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business

2023-03

Subcontractors.

52.233-1 Disputes. 2026-02

52.233-3 Protest after Award. 2026-02

52.233-4 Applicable Law for Breach of Contract Claim.

2026-02

52.240-91 Security Prohibitions and Exclusions.

2026-02

52.240-93 Basic Safeguarding of Covered Contractor Information Systems.

2026-02

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed Price. (Alternate I)

2026-02 Alternate I 2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025- O0003)

2026-02 Deviation 2025- O0003

2025-03

52.246-25 Limitation of Liability-Services. 1997-02

52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions).

2016-08

52.249-14 Excusable Delays. 1984-04

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

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-

O0013 REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.219-7003 Small Business Subcontracting Plan (DoD Contracts).

2019-12

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

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

2023-01

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

2023-01

252.226-7003 Drug-Free Work Force. 2024-08

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

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

(DEVIATION 2026-O0025)

2026-02 Deviation 2026- O0025

2026-02

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

(DEVIATION 2025-O0003 and 2025-O0004) (Tailored)

2026-02 Deviation 2025- O0004

2025-03

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAR 2025) (DEVIATION 2025-O0003 )and 2025-O0004

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further (Jan 2017) Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (Jun 2023) Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(vi) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

(vii) [Reserved]

(viii) [Reserved]

(ix) 52.225-13, Restrictions on Certain Foreign Purchases ( ) (E.O.s, proclamations, Feb 2021 and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments .(Apr 1984)

(ii) 52.232-8, Discounts for Prompt Payment .(Feb 2002)

(iii) 52.232-11, Extras .(Apr 1984)

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations .(Jun 2013)

(vi) 52.233-1, Disputes .(May 2014)

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services .(Jan 2025)

(viii) 52.253-1, Computer Generated Forms .(Jan 1991)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126) (Jan 2025) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (41 U.S.C. chapter 65) (Applies to (Jun 2020) supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts (Jun 2020) valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Jun 2020) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212) (Applies to (Jun 2020) contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67) (Applies (Aug 2018) to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. (Nov 2021) 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Applies if the Contracting Officer has filled in the following (Mar 2015) information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in 2022) part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, ))).et seq.

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706) (Applies (Jan 2022) when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (42 U.S.C. (May 2024) 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ) (Applies to contracts for products as (May 2024) et seq.

prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ) (Applies to maintenance, service, repair, or (May 2024) et seq.

disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (42 U.S.C. 7671, ) (Applies to contracts for (May 2024) et seq.

products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (42 U.S.C. 7671, ) (Applies to contracts for products (May 2024) et seq.

that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)

(A) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 67) (Applies to contracts (Oct 2022) for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content Alternate I threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or product manufactured in the United States exceeds percent of the cost of all its components. [ ____

])Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792) (Applies to contracts (Jun 2020) greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct (Applies when the payment will be made by electronic funds transfer (EFT) and the 2013) payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Applies when the payment will be made by EFT and the payment (Jul 2013) office does not use the SAM database as its source of EFT information).

(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. (Nov 2024) L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 (Nov 2021) U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-(Jan 2025) flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Applies to (Jan 2025) contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities ( ) (Applies to fixed-price supplies).Sept 1989

(iv) 52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(Feb 2006)

(v) 52.247-34, F.o.b. Destination ( ) (Applies to supplies if delivery is f.o.b. destination).Jan 1991

(c) . This contract incorporates FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(d) . The Contractor shall tender for acceptance only those items that Inspection/Acceptance 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. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of 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.

(e) . The Contractor shall be liable for default unless nonperformance is Excusable delays caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) . See FAR 52.249-5Termination for the Government's convenience

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

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

(End of clause)

W912HQ26RA002

https://www.acquisition.gov/

52.216-18 Ordering. 2020-08

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance (a) of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued 5 years from date of contract award.

All delivery orders or task orders are subject to the terms and conditions of this contract. In (b) the event of conflict between a delivery order or task order and this contract, the contract shall control.

A delivery order or task order is considered "issued" when-(c)

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government (1) deposits the order in the mail;

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, (i) and notice is sent to the Contractor; or

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if (d) authorized in the contract.

(End of clause)

52.216-19 Order Limitations. 1995-10

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this (a) Minimum order contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

. The Contractor is not obligated to honor-(b) Maximum order

Any order for a single item in excess of $350,000.00;(1)

Any order for a combination of items in excess of ; or(2) $7,000,000.00

A series of orders from the same ordering office within 5 business days that together call for (3) quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection (c) i.e., 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order (d) exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

2000-03

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor (a) within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least before the contract expires. The preliminary notice does 15 days not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to (b) include this option clause.

The total duration of this contract, including the exercise of any options under this clause, (c) shall not exceed 5 years.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation.

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document /support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).