(DRAFT) Synopsis_Solicitation - W91247-26-Q-A029 - DPW Closed Loop Water Testing and Treatment 20260811.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:

11 Aug 2026, 09:59 AM Central Daylight Time

Section A - Solicitation/Contract Form

Closed Loops Follow-on FY26Instrument Name:

Product Service Code : B533

General Information:

1. Notice Type: Combined Synopsis/Solicitation:

Solicitation Number: W91247-26-Q-A029

Title: Closed Loop Water Testing

Solicitation response Date: 28 August 2026 4:00 pm EST

Questions Due date 20 August 2026 12:00 pm EST

Set Aside: 100% Small Business Set aside

NAICS Code: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

2. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Revolutionary FAR Overhaul (RFO) Subpart 12.2 as supplemented with additional information included in this notice and in accordance with the Procedures authorized in RFO Part 12.Additionally, the Government will utilize procedures in accordance with RFO Part 12 and RFO FAR Part 15.

3. This is being issued as a Request for Quote (RFQ) with Solicitation Number W91247- 26-Q-A029

4. The contractor shall provide all personnel shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform support services as defined in this PWS.

5. Contract Line-Item Number(s)(CLINs), product and service descriptions, quantities, and units of measure are as follows:

*** END OF NARRATIVE ***

W9124726QA029

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Treatment and testing of water used for Cooling Towers (CT), Closed Loop (CL), Hot Water Boilers (HWB) and Steam Boilers (SB) located at Fort Bragg and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

12 Month s

0002 Service Contract Reporting (SCR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via SAM.gov. IAW the PWS reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported NTL October 31 of each

1 Job calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Option Line Item

Treatment and testing of water used for Cooling Towers (CT), Closed Loop (CL), Hot Water Boilers (HWB) and Steam Boilers (SB) located at Fort Bragg and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

12 Month s

Option Line Item

Service Contract Reporting (SCR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via SAM.gov. IAW the PWS reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be

1 Job reported NTL October 31 of each calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Option Line Item

Treatment and testing of water used for Cooling Towers (CT), Closed Loop (CL), Hot Water Boilers (HWB) and Steam Boilers (SB) located at Fort Bragg and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

12 Month s

Option Line Item

Service Contract Reporting (SCR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via SAM.gov. IAW the PWS reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30.

While inputs may be reported any

1 Job time during the FY, all data shall be reported NTL October 31 of each calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Option Line Item

Treatment and testing of water used for Cooling Towers (CT), Closed Loop (CL), Hot Water Boilers (HWB) and Steam Boilers (SB) located at Fort Bragg and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

12 Month s

Option Line Item

Service Contract Reporting (SCR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via SAM.gov. IAW the PWS reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30.

1 Job

While inputs may be reported any time during the FY, all data shall be reported NTL October 31 of each calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Option Line Item

Treatment and testing of water used for Cooling Towers (CT), Closed Loop (CL), Hot Water Boilers (HWB) and Steam Boilers (SB) located at Fort Bragg and Army-maintained facilities at Pope Field, Camp Mackall, Simmons Army Airfield and the Airborne Special Operations Museum (ASOM) and Linden Oaks.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

12 Month s

Option Line Item

Service Contract Reporting (SCR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via SAM.gov. IAW the PWS reporting inputs shall be for the labor executed during the period of performance during each Government FY, which runs from

1 Job

October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported NTL October 31 of each calendar year. Contractors shall notify the KO and COR after the SCR is submitted.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Section C - Description/Specifications/Statement of Work

Requirements Chemical Testing and Treatment for the Closed Loop and Open Recirculation Tower Systems

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

4001 Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please see Performance Work Statement

DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD

FORT BRAGG, NC 28310

UNITED STATES

Section F - Deliveries or Performance

0001 12 MonthsQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2026 To 24 Sep 2027

0002 1 JobQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2026 To 24 Sep 2027

Option Line Item

12 MonthsQuantity

Address and POC

1001 Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2027 To 24 Sep 2028

Option Line Item

1 JobQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2027 To 24 Sep 2028

Option Line Item

12 MonthsQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2028 To 24 Sep 2029

Option Line Item

1 JobQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2028 To 24 Sep 2029

Option Line Item

12 MonthsQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance

From 25 Sep 2029 To 24 Sep 2030

Option Line Item

1 JobQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2029 To 24 Sep 2030

Option Line Item

12 MonthsQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2030 To 24 Sep 2031

Option Line Item

1 JobQuantity

Address and POC Place of Performance DoDAAC: W36B5K CountryCode: USA

W0U3 USAG FT BRAGG

CONTRACTS, BLDG 3 1333 RILEY RD FORT BRAGG, NC 28310 UNITED STATES

Period of Performance From 25 Sep 2030 To 24 Sep 2031

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.242-17 Government Delay of Work. 1984-04

Section G - Contract Administration Data

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

DFARS Clauses Incorporated by Full Text

Number Title Effective 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 process Electronic invoicing.

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 when WAWF payment instructions.

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 following Document type.

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 W91247

Admin DoDAAC W91247

Inspect By DoDAAC W36B5K

Ship To Code W36B5K

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) W36B5K

Service Acceptor (DoDAAC) W36B5K

Accept at Other DoDAAC W36B5K

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes Payment request.

documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the Receiving report.

requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Provided at award.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

Addendum to 52.228-5, Insurance - Work on a Government Installation

The following kinds and minimum amounts of insurance are required in accordance with FAR clause 52.228-5 entitled, "Insurance - Work on a Government Installation.

KIND Amount

Workmen's Compensation Amount required by the State in which the contract is performed.

Employer's Liability Insurance $100,000.00

Comprehensive General Liability Insurance for Bodily Injury

$500,000 per occurrence

Comprehensive Automobile Liability $200,000 per person

$500,000 per occurrence for Bodily Injury and

$20,000 per occurrence for Property Damage

*** END OF NARRATIVE ***

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

52.203-6 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

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

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

2026-02

52.204-14 Service Contract Reporting Requirements. (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

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(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 Concerns. (Deviation 2026- O0038)

2026-02

52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038)

2026-02

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

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

2026-02

52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026- O0038)

2026-02

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

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision

2026-04

1)

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

2024-05

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

(Deviation 2026-O0038)

2026-02

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

2026-02

52.226-7 Drug-Free Workplace. 2024-05

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

2024-05

52.228-5 Insurance-Work on a Government Installation.

1997-01

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2026-02

52.232-18 Availability of Funds. 1984-04

52.232-23 Assignment of Claims. 2014-05

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

52.233-1 Disputes. (Deviation 2026- O0038)

2026-02

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

52.237-3 Continuity of Services. 1991-01

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

2026-02

52.242-13 Bankruptcy. 1995-07

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

2026-04

DFARS Clauses Incorporated by Reference

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

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2023-11

252.204-7022 Expediting Contract Closeout. 2021-05

252.204-7023 Reporting Requirements for Contracted Services.

2021-07

252.211-7008 Use of Government-Assigned Serial Numbers.

2010-09

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7021 Trade Agreements. 2024-02

252.225-7036 Buy American-Free Trade Agreements--Balance of Payments Program.

2024-02

252.225-7041 Correspondence in English. 1997-06

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

2024-05

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

2023-01

Economic Enterprises, and Native Hawaiian Small Business Concerns.

252.227-7037 Validation of Asserted Restrictions on Technical Data.

2025-01

252.232-7010 Levies on Contract Payments. 2006-12

252.239-7001 Information Assurance Contractor Training and Certification.

2008-01

252.239-7018 Supply Chain Risk. 2022-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7008 Sources of Electronic Parts. 2023-01

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2026-02

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

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

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

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment-

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

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

C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

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

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

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

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

(End of clause)

52.217-8 Option to Extend Services. 1999-11

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .30 days of contract expiration

(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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does 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 66 months.

(End of clause)

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, without e.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-

X 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)

52.219-28 Postaward Small Business Program Rerepresentation.

(Deviation 2026-O0038)

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)

(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.