DRAFT Solicitation W911RX25RA003.pdf

DRAFT

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:

06 Mar 2026, 09:05 AM Central Standard Time

Solicitation/Contract Form Continuation

III Armored Corps MHE MATOCInstrument Name:

Cancellation Ceiling Date and Description

USD 1,234 10/17/24 DRAFT

Product Service Code : W036

W911RX25RA003

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 120-Ton Heavy Crane.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

000101 Services include crane operator, spotting crew, Spreader bar and all required permits IAW Attachment-1, Performance Work Statement.

0002 Forklift, 36K Lb, with Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

000201 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include operator and all required permits IAW Attachment-1, Performance Work Statement.

0003 Forklift, 36K Lb, without Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

000301 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include delivery, pickup, service calls, maintenance, and all required permits IAW Attachment-1, Performance Work Statement.

0004 Tractor & Trailer, Removeable Gooseneck, with Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

000401 Services include the Tractor, RGN Trailer, capable of hauling 40T, operator (s), and all required permits

Option Line Item

120-Ton Heavy Crane.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

100101 Services include crane operator, spotting crew, Spreader bar and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, with Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

100201 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include operator and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, without Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

100301 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7. 5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include delivery, pickup, service calls, maintenance, and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Tractor & Trailer, Removeable Gooseneck, with Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

100401 Services include the Tractor, RGN Trailer, capable of hauling 40T, operator (s), and all required permits

Option Line Item

120-Ton Heavy Crane.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

200101 Services include crane operator, spotting crew, Spreader bar and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, with Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

200201 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include operator and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, without Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

200301 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include delivery, pickup, service calls, maintenance, and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Tractor & Trailer, Removeable Gooseneck, with Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

200401 Services include the Tractor, RGN Trailer, capable of hauling 40T, operator (s), and all required permits.

Option Line Item

120-Ton Heavy Crane.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

300101 Services include crane operator, spotting crew, Spreader bar and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, with Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

300201 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include operator and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, without Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

300301 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include delivery, pickup, service calls, maintenance, and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Tractor & Trailer, Removeable Gooseneck, with Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

300401 Services include the Tractor, RGN Trailer, capable of hauling 40T, operator (s), and all required permits

Item

120-Ton Heavy Crane.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

400101 Services include crane operator, spotting crew, Spreader bar and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, with Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

400201 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include operator and all required permits IAW Attachment-1, Performance Work Statement.

Option Line Item

Forklift, 36K Lb, without Operator.

Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

400301 The contractor shall provide outdoor 36k diesel forklifts (Fork size 7.5 FT long. /8 in wide. /Spread 7.5 FT). The forklifts will be delivered by the vendor vicinity to locations as outlined in the Task Order Performance Work Statements (PWS). Services include delivery, pickup, service calls, maintenance, and all required permits IAW Attachment-1, Performance Work Statement.

Item

Tractor & Trailer, Removeable Gooseneck, with Operator Project Code: 000 Pricing Arrangement: Firm Fixed Price

500 Job

400401 Services include the Tractor, RGN Trailer, capable of hauling 40T, operator (s), and all required permits

Continuation of Description

Requirements MHE Multi Year IDIQ The Contractor shall provide operators and supervision of MHE capable of loading containerized and non-containerized equipment and vehicles ,supplies, tools, materials, and other items necessary to perform this prescribed project as defined IAW the PWS to meet the performance requirements, except for those items specified as Government services

Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 1001 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 1002 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 1003 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 1004 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 2001

Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 2002 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 2003 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 2004 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 3001 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 3002 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 3003 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 3004 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 4001 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 4002 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 4003 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Option Line Item 4004 Product Service Code : W039 North American Industry Classification System (NAICS) : 484110

Continuation of Deliveries or Performance

0001 500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0002 500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0003 500 JobQuantity

Address and POC

Period of Performance From 02 Feb 2026 To 01 Feb 2027

0004 500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027

To 30 Jun 2028

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

500 JobQuantity

Address and POC

From 01 Jul 2028 To 30 Jun 2029

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029

To 30 Jun 2030

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

500 JobQuantity

Address and POC

From 01 Jul 2030 To 30 Jun 2031

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

500 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

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

2026-02

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.204-27 Prohibition on a ByteDance Covered Application.

2023-06

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

(Deviation)

2026-02

52.219-8 Utilization of Small Business Concerns.

(Deviation)

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. (DEVIATION 2024-O0013

2024-05 Deviation 2024- O0013

2024-05

REVISION 1)

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

252.219-7000 Advancing Small Business Growth. 2023-06

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

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

2023-01

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

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) (Alternate I)

2026-02 Alternate I

2026-02

Alternate I . When contemplating a time-and-materials or labor-hour (Feb 2026) (Deviation) contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

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

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates ____

; andprescribed in the schedule.]

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) .Inspection/Acceptance

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]____

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) .Payments

(1) . The Government will pay the Contractor as follows upon the submission Work performed of commercial invoices approved by the Contracting Officer:

(i) .Hourly rate

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

( ) If no overtime rates are provided in the Schedule and the Contracting Officer approves 1 overtime work in advance, overtime rates shall be negotiated.

( ) Failure to agree upon these overtime rates shall be treated as a dispute under the 2 Disputes clause of this contract.

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be 3 reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) .Materials

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

( ) Has made payments for materials in accordance with the terms and conditions of the 1 agreement or invoice; or

( ) Makes these payments within 30 days of the submission of the Contractor's payment 2 request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

( ) Obtain materials at the most advantageous prices available with due regard to securing 1 prompt delivery of satisfactory materials; and

( ) Give credit to the Government for cash and trade discounts, rebates, scrap, 2 commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

( ) . The Government will reimburse the Contractor on the basis of actual 1 Other direct costs cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)

(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer ____ usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided.

If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]

( . The Government will 2) Indirect costs (material handling, subcontract administration, etc.)

reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and ____ payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) . The total cost to the Government for the performance of this contract shall not Total cost exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) . The Government will not be obligated to pay the Contractor any amount in Ceiling price excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) . At any time before final payment under this contract, the Contracting Access to records Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) . Each payment previously made shall be subject to Overpayments/Underpayments reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government will pay any such increases within 30 days, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6) .Interest

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

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(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.

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) . The Contractor, and each assignee under an assignment entered into Release of claims under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

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

(9) 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.

(l) . The Government reserves the right to Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work under this contract 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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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 that reasonably could have been avoided.

(m) . The Government may terminate this contract, or any part hereof, Termination for cause 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 written 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. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, 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.

52.219-28 Postaward Small Business Program Rerepresentation. (Deviation)

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation)

(a) . As used in this clause-Definitions

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) , as used in this definition, means business concerns, one of whom directly or Affiliates 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 .] The Contractor represents that it is, is not, a small paragraph (g)(1) of this clause 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). [ The Contractor shall enter the name and unique ____ entity identifier of each party to the joint venture: __.]

(4) . Economically disadvantaged women-owned small business (EDWOSB) joint venture The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique ____ entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under . The Contractor represents that it is, is not an SDVOSB joint venture the SDVOSB Program eligible under the SDVOSB Program that complies with the requirements of 13 CFR

128.402. [ The Contractor shall enter the name and unique entity identifier of each party ____ to the joint venture: __.]

(6) [ HUBZone joint venture eligible under the HUBZone Program. Complete only if the ] The offeror represents, as part of its offer, offeror is a HUBZone small business concern.

that It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign ____ and date and insert authorized signer's name and title.]

(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) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically Electronic invoicing.

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) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF WAWF training.

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) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information WAWF payment instructions.

when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the Document type.

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.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

HQ0490

Issue By DoDAAC

W911RX

Admin DoDAAC

W911RX

Inspect By DoDAAC Determined at Task Order Level

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) Determined at Task Order Level

Service Acceptor (DoDAAC) Determined at Task Order Level

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract…