I.B.08 - Solicitation - W912PM26QA022.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Solicitation/Contract Form Continuation

District Office Generator Service ContractInstrument Name:

W912PM26QA022

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Elliott Magnatek Quarterly Preventative Maintenance Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Elliott Magnatek Quarterly Preventative Maintenance Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Elliott Magnatek Quarterly Preventative Maintenance Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements This is a comprehensive maintenance service contract for one (1) 600kW Elliot Magnatek Diesel Generator and its associated Cutler Hammer Automatic Transfer Switch (ATS). The objective of this contract is to ensure the reliable operation of the backup power system through regularly scheduled preventative maintenance, as well as to define the procedures for corrective and emergency maintenance.

Product Service Code : J061 North American Industry Classification System (NAICS) : 811310

Option Line Item 0002 Product Service Code : J061 North American Industry Classification System (NAICS) : 811310

Option Line Item 0003 Product Service Code : J061 North American Industry Classification System (NAICS) : 811310

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: USACE Wilmington District HQ Building located at: 69 Darlington Ave, Wilmington NC, 28403

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: USACE Wilmington District HQ Building located at: 69 Darlington Ave, Wilmington NC, 28403

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Option Line Item

Inspection and Acceptance Location

Both Destination

0003 Instructions: USACE Wilmington District HQ Building located at: 69 Darlington Ave, Wilmington NC, 28403

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Estimated By Delivery Date 02 Mar 2026

1 JobQuantity

Address and POC Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE WILMINGTON, NC

28403-1343 UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Period of Performance From 02 Mar 2026 To 27 Mar 2027

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 02 Mar 2027

1 JobQuantity

Address and POC Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE WILMINGTON, NC

28403-1343 UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Period of Performance From 02 Mar 2027 To 01 Mar 2028

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 02 Mar 2028

1 JobQuantity

Address and POC Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE WILMINGTON, NC

28403-1343 UNITED STATES

Tony Wisyanski Email: anthony.c.wisyanski@usace.army.mil

Period of Performance From 02 Mar 2028 To 01 Mar 2029

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

52.204-13 System for Award Management- Maintenance.

2026-02

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

2026-02

52.222-41 Service Contract Labor Standards. 2026-02

52.222-50 Combating Trafficking in Persons. 2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706.

2026-02

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

2024-05

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

52.233-3 Protest after Award. 2026-02

52.233-4 Applicable Law for Breach of Contract Claim.

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

REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

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

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

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

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.245-7005 Management and Reporting of 2024-01

Government Property.

252.246-7003 Notification of Potential Safety Issues. 2023-01

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

2025-03 Deviation 2025- O0004

2025-03

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further (Jan 2017) Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar (31 U.S.C. 3903 and 10 U.S.C. 3801).2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 (Oct 2004) and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (1) (Jun 2020), (41 U.S.C. 4704 and 10 U.S.C. 4655).Alternate I (Nov 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.(2) (Nov 2021) C. 3509)).

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment (3) Act of 2009 (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the (Jun 2010) American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this (4) (Nov 2023) clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (5) (Jun (Pub. L. 109-282) ( 31 U.S.C. 6101 note).2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, (7) (Oct 2016) section 743 of Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (8) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 [X] (9) (Jun 2023) of Division R of Pub. L. 117-328).

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply (10) Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

(11)

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

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.Jan S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (13) (41 U.S.C. 2313).(Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.(15) Oct 2022 C. 657a).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (16) ( ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.Oct 2022 S.C. 657a).

[Reserved](17)

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (20) ( )Jan 2025 (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

Alternate I of 52.219-13.(ii) (Mar 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(24) (Sep 2021) (F)(i)).

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-(25) Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb

) (15 U.S.C. 657f).2024

[X] (26)

(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.Postaward ( )Jan 2025 C. 632(a)(2)).

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically (27) Disadvantaged Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small (28) Business Concerns Eligible Under the Women-Owned Small Business Program ( ) Oct 2022 (15 U.S.C. 637(m)).

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.(29) (Mar 2020) C. 644(r)).

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).[X] (31) (Jun 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. (Jan 2025) 13126).

[Reserved](33)

[Reserved](34)

(35)

(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

Alternate I of 52.222-36.(ii) (Jul 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (38) (Dec (E.O. 13496).2010)

[X] (39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. (Nov 2021) 13627).

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the (ii) (May 2008) acquisition of commercially available off-the-shelf items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential (42) Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and (43) Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-[X] (46) O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)

Alternate I of 52.224-3.(ii) (Jan 2017)

(48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. (NOV 2023) 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 (50) (NOV 2023) et seq note).

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, [X] (51) (Feb 2021) proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (52) (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (54) (Nov (42 U.S.C. 5150).2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving [X] (55) (E.O. 13513).(May 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial (57) Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (58) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management [X] (59) (31 U.S.C. 3332).(Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award (60) Management (Jul 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by [X] (63) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(64) (Jan 2017) (13)).

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 (Nov 2021) U.S.C. 55305 and 10 U.S.C. 2631).

Alternate I of 52.247-64.(ii) (Apr 2003)

Alternate II of 52.247-64.(iii) (Nov 2021)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).[X] (1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.[X] (2) (May 2014) C. 206 and 41 U.S.C. chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price (3) Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.(Aug 2018) C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price (4) Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to (5) Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to (6) Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 [X] (7) .(Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).[X] (8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.(9) S.C. 1792).

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to (10) Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

(d) . The Contractor shall comply with the Comptroller General Examination of Record provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(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 subpart 4.7, Contractor Records Retention, of the 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 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.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

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

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

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (Jun 2023) Division R of Pub. L. 117-328).

(vii)

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

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and ( )Jan 2025 (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR (Dec 2010) clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)

(xvi)

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

(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014)

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan .2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I of 52.224-3.(Jan 2017)

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National Defense Authorization Act for (Oct 2016) Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with 2021) paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

2026-02

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

2026-02

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

2024-05

52.223-23 Sustainable Products. 2026-02

52.226-7 Drug-Free Workplace. 2024-05

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-23 Assignment of Claims. 2014-05

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.233-1 Disputes. 2026-02

52.240-91 Security Prohibitions and Exclusions. 2026-02

52.242-15 Stop-Work Order. 1989-08

52.243-1 Changes-Fixed Price. 2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2026-02

52.245-1 Government Property. 2021-09

52.245-9 Use and Charges. 2012-04

52.246-1 Contractor Inspection Requirements. 1984-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7041 Correspondence in English. 1997-06

252.225-7048 Export-Controlled Items. 2013-06

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

2024-08 Deviation 2024- O0014

2024-08

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

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.245-7003 Contractor Property Management System Administration

2025-01

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.245-2 Government Property Installation Operation Services.

2012-04

Government Property Installation Operation Services (Apr 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance.

Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

52.246-20 Warranty of Services. 2001-05

Warranty of Services (May 2001)

"Acceptance," as used in this clause, means the act of an authorized (a) Definition.

representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

Notwithstanding inspection and acceptance by the Government or any provision (b) concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of

. This notice shall state either-acceptance by the Government

That the Contractor shall correct or reperform any defective or nonconforming services; or(1)

That the Government does not require correction or reperformance.(2)

If the Contractor is required to correct or reperform, it shall be at no cost to the (c) Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

If the Government does not require correction or reperformance, the Contracting Officer (d) shall make an equitable adjustment in the contract price.

(End of clause)

52.252-2 Clauses Incorporated by Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

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

https://www.acquisition.gov/dfars https://www.acquisition.gov/far

W912PM26QA022

https://www.acquisition.gov/dfars https://www.acquisition.gov/far

52.252-6 Authorized Deviations in Clauses. 2020-11

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR (a) Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any (48 CFR ) (b) FAR and DFARS Chapter 1 and 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.223-7001 Hazard Warning Labels.

1991-12

HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.")

ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

List of Contract Documents, Exhibits, or Attachments

The attachments listed in this Section are incorporated by reference and made part of this contract with the same force and effect as if included in full text.

*** END OF NARRATIVE 1 ***

The attachments listed in this Section are incorporated by reference and made part of this contract with the same force and effect as if included in full text.

*** END OF NARRATIVE 2 ***

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 I.A.02 - G enerator S ervice Con tract SOW

Statement of Work

Feb

3 Attachment No

0002 I.B.04 - W D 2015- 439 7

Wage Determination

Feb

11 Attachment No

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration.

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

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

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

2023-11

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

2023-03

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

2022-05

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

Evaluation - Commercial Products and Commercial Services

Addendum to Evaluation - Commercial Product and Commercial Services

Offeror Representations and Certifications - Commercial Products and Commercial Services

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2020-06

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

(a) Definitions. As used in this provision-

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

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

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

(5) Any trust if-

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

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

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

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)

(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the

IRS.

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

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

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

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

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

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

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)

(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

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

(End of provision)

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

SHAUN MCKENNA, EMAIL: SHAUN.M.MCKENNA@USACE.ARMY.MIL TELEPHONE: 9102514812