B08_W912EK26QA031.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (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)

Solicitation/Contract Form Continuation

Illinois Waterway Project Office Steel Castings – Wicket Dam ComponentsInstrument Name:

MVR.03 - QUESTIONS NAD ANSWER VIA EMAIL

Technical inquiries and questions relating to this solicitation are to be submitted to Mr. Bradley J.

Grothus at bradley.j.grothus@usace.army.mil no later than 2:00 PM CT on 27 April 2026.

STATEMENT OF WORK

W912EK26QA031

SCOPE OF WORK (SoW) - Steel Castings and Finishing Manufacturing:

PURPOSE -

The US Army Corps of Engineers (USACE), Rock Island District, Illinois Waterway Project

(ILWW), requires the following products: The supply and manufacture of steel castings, further manufacturing the steel castings to create the final deliverables required, per contract specifications and drawings.

Peoria Lock & Dam’s wicket dam consists of 108 wickets and LaGrange Lock and Dam’s wicket dam consists of 109 Wickets. USACE ILWW Maintenance Section personnel will utilize the completed parts supplied by the Contractor to replace end of life submerged and near river bottom wicket gate structural components at both locks and dams on the Illinois River.

USACE will not supply any steel, patterns, personnel, equipment, or components to complete the supply requirement. The contract deliverables shall be ready for instant assembly with other wicket components, not provided by the Contractor, upon receiving by USACE. Coatings such as paint will be applied by USACE personnel.

SPECIFICATIONS -

Supply the required Steel Castings finished to specifications and drawings:

(80) EACH HORSE BOX – Cast Steel: ASTM 148, GRADE 80-50

(160) EACH QUOIN BLOCK – Cast Steel: ASTM 148, GRADE 80-50

(80) EACH QUOIN STAY – Cast Steel: ASTM 148, GRADE 80-50 OR CLASS 2

OR BETTER WITHIN ASTM A27, GRADE 65-35 for Quoin Stay ONLY.

(1) JOB - FOB DESTINATION:

USACE - Illinois Waterway Project Office

257 Grant Street

Peoria, IL 61603

At the time of delivery, provide Steel Certification(s) for castings such as, but not limited to, country of origin, heat numbers, test results, etc.

Each casting shall have the heat number stamped or cast upon it.

Incorporated by reference: The castings shall be made of steel conforming to ASTM A27 “Steel

Castings, Carbon, for General Application” dated August 28, 1987, and last updated May 06, 2020, and ASTM A148 “Steel Castings, High Strength, for Structural Purposes” dated December

15, 1993, and last update Last May 15, 2020.

COMPLIANCE DOCUMENTATION:

At the time of delivery, the Contractor must supply all certification of compliance documentation for steel components. The purpose of the certification of compliance documentation is to ensure the deliverables meet requirements.

TIMELINE:

USACE must receive all deliverables no later than 52-weeks after award. USACE may have a kickoff meeting with the awardee after contract award.

Provide Steel Certification(s) such as, but not limited to, country of origin, heat numbers, test results, etc. for all steel deliverables.

ATTACHMENTS:

Attachment 1 - Wicket Horse Box, Quoin Block, and Quoin Stay Blueprints

Note: Required parts are universal for Peoria and LaGrange Lock and Dam.

• Note: The SoW shall take precedence over the Blueprints if there is a conflict between the SoW and the Blueprints.

• Note: Quoin Stay – The 1” Dia. Hole is to be drilled and shall have a 125 finish around the hole and on the entirety of both faces of the hole. Hole diameter tolerance is +/- 1/32”.

• Note: Estimated weight of final product deliverables, per blueprint dimensions:

152lbs. (each) for the Horse Box, 21lbs.(each) for the Quoin Box, and 10lbs.

(each) for the Quoin Stay. All weights reflect using ASTM 148, GRADE 80-50.

FOB DESTINATION RECEIVING COORDINATION:

The Contractor shall coordinate acceptable delivery times with the SPOC and POC. This will ensure access to the facility, and the proper personnel and equipment are in place to help with offloading and may speed up the quality assurance review of deliverables. Additionally, the

Contractor shall give no less than two-weeks’ notice prior to the receiving date. If the Contractor does not give notice, prior to delivery, and we are unable to allow entrance or have the correct personnel and equipment to help with offloading, redelivery shall be at the Contractor’s cost.

NOTE: General acceptable hours of delivery are Monday through Thursday, excluding Federal

Holidays, 7:00 AM – 3:30 PM, Chicago Time.

POINTS OF CONTACTs (POCs) and Site Point of Contacts (SPOCs):

Provided at time of Award -

INVOICES:

Upon Acceptance, USACE will pay for partial deliveries only for completed assemblies.

Email Invoices to the following POCs: Provided at time of award -

BID SCHEDULE (To be completed by Offeror):

ITEM NO SUPPLIES QUANTITY UNIT Unit Price Total

BASE CONTRACT

0001 HORSE BOX

- PEORIA &

LAGRANGE

L&D

80 EACH $ $

0002 QUOIN

BLOCK -

PEORIA &

160 EACH $ $

0003 QUOIN STAY

- PEORIA &

80 EACH $ $

0004 FOB

Destination:

USACE -

Illinois

Waterway

Project Office

257 Grant

Street

Peoria, IL

61603

1 JOB $ $

TIMELINE NTP/ARO to receive at FOB

Destination

Maximum number of weeks:

GRAND TOTAL: $

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Horse Box - Peoria & LaGrange L&D Pricing Arrangement: Firm Fixed Price

80 Each

0002 Quoin Block - Peoria & LaGrange L&D Pricing Arrangement: Firm Fixed Price

160 Each

0003 Quoin Stay - Peoria & LaGrange L&D Pricing Arrangement: Firm Fixed Price

80 Each

0004 FOB Destination: USACE Illinois Waterway Project Office 257 Grant Street Peoria, IL 61603 Pricing Arrangement: Firm Fixed Price

1 Each

Continuation of Description

Requirements The U.S. Army Corps of Engineers, Rock Island District, has a requirement for steel cast horse boxes, quoin block and quoin stays for the bottom wicket gate structures at both Peoria and LaGrange Lock and Dams. Casting specifications are detailed within the Scope of Work.

Product Service Code : 9520 North American Industry Classification System (NAICS) : 331513

Product Service Code : 9520 North American Industry Classification System (NAICS) : 331513

Product Service Code : 9520 North American Industry Classification System (NAICS) : 331513

Product Service Code : 9520 North American Industry Classification System (NAICS) : 331513

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: In accordance with the Statement of Work.

DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST

PEORIA, IL 61603

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: In accordance with the Statement of Work.

DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST

PEORIA, IL 61603

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: In accordance with the Statement of Work.

DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST

PEORIA, IL 61603

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: In accordance with the Scope of Work.

DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST

PEORIA, IL 61603

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Before Delivery Date 18 May 2027

80 EachQuantity

Address and POC Ship To DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST PEORIA, IL 61603 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Delivery Schedule Delivery Before Delivery Date 18 May 2027

160 EachQuantity

Address and POC Ship To DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST PEORIA, IL 61603 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 Delivery Schedule Delivery Before Delivery Date 18 May 2027

80 EachQuantity

Address and POC Ship To DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST PEORIA, IL 61603 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0004 Delivery Schedule Delivery Before Delivery Date 18 May 2027

1 EachQuantity

Address and POC Ship To DoDAAC: 965154 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

PEORIA PROJECT OFFICE, 257 GRANT ST PEORIA, IL 61603 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

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

2017-01

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

2026-02

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

2026-02

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

2026-02

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

2026-02

52.219-8 Utilization of Small Business 2026-02

Concerns. (Deviation 2026- O0038)

52.219-33 Nonmanufacturer Rule.

(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 Veterans. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

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

2026-02

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

2024-05

52.229-12 Tax on Certain Foreign Procurements.

2021-02

52.232-33 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- O0038)

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

252.225-7012 Preference for Certain Domestic 2022-04

Commodities.

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

252.243-7002 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 Date

Alternate Deviation

Variation Effective Date

52.219-14 Limitations on Subcontracting.

(Deviation 2026-O0038)

2026-02

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

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, any small business concern, withoute.g.

regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to-Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

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

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

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

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's

50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

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

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

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-

[ ] Contracting Officer check as appropriate.

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.252-2 Clauses Incorporated by Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates 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 address:

www.acquisition.gov

(End of clause)

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2022-09

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

2023-03

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

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

2023-06

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

Instructions to Offerors-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include-

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror's Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror's initial offer should contain the Offeror's best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

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

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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

(d) . If in its annual representations and certifications in SAM the Offeror hasRepresentation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

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

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

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

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

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

(End of provision)

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-2 Evaluation-Commercial Products and Commercial Services.

(Deviation 2026-O0038)

2026-02

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

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

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

(End of provision)

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2020-06

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

(a) . As used in this provision-Definitions

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

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

(5) Any trust if-

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

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

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

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

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

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

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

] from the excise tax.must select one

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

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

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

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

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

www.acquistion.gov

(End of provision)

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

BRADLEY GROTHUS, EMAIL: BRADLEY.J.GROTHUS@USACE.ARMY.MIL TELEPHONE: (563) 726-1136