N4008026Q1001 Final RFQ 5-27-26.pdf
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- CO2 Pool Chemicals, Dahlgren VA
- Solicitation number
- N4008026Q1001
About this file
This is a solicitation document (SF 1449) for a Pool Chemicals procurement issued by the Naval Facilities Engineering Systems Command (NAVFACSYSCOM) Washington.
The Government seeks delivery and supplies for the Dahlgren Base Pool at Building 1193, specifically carbon dioxide (CO2) to control pH levels in pool water on a recurring basis. This is a Women-Owned Small Business (WOSB) total small business set-aside restricted to local small business contractors served by the Washington DC, Richmond VA, or Baltimore MD SBA District Offices. The procurement is a Firm Fixed Price (FFP) contract with an initial one-year base period and four one-year option periods, for a total estimated value of $9,000,000.00. Solicitation number N4008026Q1001 was issued on May 27, 2026, with an RFI cut-off date of June 1, 2026, and proposals due by June 11, 2026, at 2:00 PM local time. Quotes must be emailed to Kayla Liverman at kayla.m.liverman.civ@us.navy.mil. Evaluation will be based on Lowest Price criteria. The NAICS code is 561790 (Specialty Trade Contractors) with a small business size standard of 1,000 employees. The contract is rated under the Defense Priorities and Allocations System (DPAS). Inspection and acceptance will occur at the destination (Washington Navy Yard, DC 20374-5018). The solicitation incorporates standard FAR clauses including service contract labor standards with applicable wage determinations under Service Contract Act requirements.
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Text version
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 calls)
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.
See Schedule
See Section G - Contract Administration Data
See Schedule
N4008026Q1001 27 May 2026
Kayla Liverman
(540) 845-1659
11 Jun 2026
02:00 PM
N40080 100
NAVFACSYSCOM WASHINGTON
1314 HARWOOD STREET SE, WASHINGTON NAVY YARD DC 20374-5018
WASHINGTON NAVY YARD, DC 20374-5018
UNITED STATES
Kayla Liverman, Email: kayla.m.liverman.civ@us.navy.mil Telephone: (540) 845-
561790
USD 9,000,000.00
DO-C2
See Schedule
Section A - Solicitation/Contract Form B1193 Pool Chemicals
Product Service Code: S299
PAYMENT PROCEDURES
PAYMENT INSTRUCTIONS
Below is the link that provides the table:
http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_htm#payment_ins tructions --end
GENERAL REQUIREMENTS
NAVFAC Solicitation No.: N4008026Q1001
Title: Pool Chemicals
Location of the Work: DAHLGREN, VA 22448
NAICS CODE: 561790
Period of Performance: The Government intends to award an initial one-year base period with four one-year option periods.
The following milestones are established for this procurement:
Issue Solicitation: 5/27/26 RFI Cut Off Date: 6/1/26 Proposals Due: 6/11/26
INSTRUCTIONS TO BIDDERS
This is a total small business set-aside. Only local small business contractors may submit a quote. “Local” is defined as being served by any of the following three (3) SBA District Offices: Washington DC, Richmond, VA, or Baltimore, MD.
Quotes will be evaluated using Lowest Price. Offerors are required to submit their quotes no later than 2:00pm on 11 June 2026. Quotes must be emailed to Kayla Liverman at kayla.m.liverman.civ@us.navy.mil.
WAGE DETERMINTATION
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-4329
N4008026Q1001
Daniel W. Simms Division of | Revision No.: 33 Director Wage Determinations| Date Of Last Revision: 3/30/2026
State: Virginia
Area: Virginia Counties of King George
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 19.07 01012 - Accounting Clerk II 21.40 01013 - Accounting Clerk III 23.94 01020 - Administrative Assistant 31.41 01035 - Court Reporter 22.27 01041 - Customer Service Representative I 17.03 01042 - Customer Service Representative II 18.58 01043 - Customer Service Representative III 20.86 01051 - Data Entry Operator I 16.25 01052 - Data Entry Operator II 17.74 01060 - Dispatcher, Motor Vehicle 21.63 01070 - Document Preparation Clerk 17.74 01090 - Duplicating Machine Operator 17.74 01111 - General Clerk I 17.10 01112 - General Clerk II 18.66 01113 - General Clerk III 20.94 01120 - Housing Referral Assistant 25.29 01141 - Messenger Courier 14.45 01191 - Order Clerk I 16.25 01192 - Order Clerk II 17.74 01261 - Personnel Assistant (Employment) I 19.97 01262 - Personnel Assistant (Employment) II 22.35 01263 - Personnel Assistant (Employment) III 24.92 01270 - Production Control Clerk 29.30 01290 - Rental Clerk 17.48
01300 - Scheduler, Maintenance 19.91 01311 - Secretary I 19.91 01312 - Secretary II 22.27 01313 - Secretary III 25.29 01320 - Service Order Dispatcher 19.68 01410 - Supply Technician 31.41 01420 - Survey Worker 22.27 01460 - Switchboard Operator/Receptionist 16.37 01531 - Travel Clerk I 17.45 01532 - Travel Clerk II 17.74 01533 - Travel Clerk III 20.31 01611 - Word Processor I 17.74 01612 - Word Processor II 19.91 01613 - Word Processor III 22.27
05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 25.26 05010 - Automotive Electrician 23.51 05040 - Automotive Glass Installer 22.15 05070 - Automotive Worker 22.15 05110 - Mobile Equipment Servicer 19.04 05130 - Motor Equipment Metal Mechanic 24.78 05160 - Motor Equipment Metal Worker 22.15 05190 - Motor Vehicle Mechanic 24.78 05220 - Motor Vehicle Mechanic Helper 18.49 05250 - Motor Vehicle Upholstery Worker 21.63 05280 - Motor Vehicle Wrecker 22.15 05310 - Painter, Automotive 23.51 05340 - Radiator Repair Specialist 22.15 05370 - Tire Repairer 18.06 05400 - Transmission Repair Specialist 24.78
07000 - Food Preparation And Service Occupations 07010 - Baker 20.33 07041 - Cook I 16.20 07042 - Cook II 18.46 07070 - Dishwasher 13.41 07130 - Food Service Worker 13.93 07210 - Meat Cutter 21.88 07260 - Waiter/Waitress 14.34
09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 24.27 09040 - Furniture Handler 15.79 09080 - Furniture Refinisher 24.48 09090 - Furniture Refinisher Helper 18.78 09110 - Furniture Repairer, Minor 21.70 09130 - Upholsterer 24.27
11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 13.48 11060 - Elevator Operator 14.88 11090 - Gardener 22.40
11122 - Housekeeping Aide 14.88 11150 - Janitor 14.88 11210 - Laborer, Grounds Maintenance 17.36 11240 - Maid or Houseman 13.93 11260 - Pruner 15.79 11270 - Tractor Operator 20.78 11330 - Trail Maintenance Worker 17.36 11360 - Window Cleaner 16.30
12000 - Health Occupations 12010 - Ambulance Driver 21.65 12011 - Breath Alcohol Technician 26.30 12012 - Certified Occupational Therapist Assistant 36.54 12015 - Certified Physical Therapist Assistant 30.00 12020 - Dental Assistant 21.54 12025 - Dental Hygienist 49.23 12030 - EKG Technician 39.88 12035 - Electroneurodiagnostic Technologist 39.88 12040 - Emergency Medical Technician 21.65 12071 - Licensed Practical Nurse I 23.52 12072 - Licensed Practical Nurse II 26.30 12073 - Licensed Practical Nurse III 29.33 12100 - Medical Assistant 18.39 12130 - Medical Laboratory Technician 27.99 12160 - Medical Record Clerk 21.38 12190 - Medical Record Technician 24.94 12195 - Medical Transcriptionist 23.52 12210 - Nuclear Medicine Technologist 57.83 12221 - Nursing Assistant I 14.86 12222 - Nursing Assistant II 16.72 12223 - Nursing Assistant III 18.24 12224 - Nursing Assistant IV 20.47 12235 - Optical Dispenser 26.30 12236 - Optical Technician 23.52 12250 - Pharmacy Technician 18.13 12280 - Phlebotomist 23.52 12305 - Radiologic Technologist 39.88 12311 - Registered Nurse I 31.38 12312 - Registered Nurse II 38.38 12313 - Registered Nurse II, Specialist 38.38 12314 - Registered Nurse III 46.44 12315 - Registered Nurse III, Anesthetist 46.44 12316 - Registered Nurse IV 55.67 12317 - Scheduler (Drug and Alcohol Testing) 32.62 12320 - Substance Abuse Treatment Counselor 26.10
13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 21.07 13012 - Exhibits Specialist II 26.11 13013 - Exhibits Specialist III 31.94 13041 - Illustrator I 21.07 13042 - Illustrator II 26.11 13043 - Illustrator III 31.94
13047 - Librarian 33.88 13050 - Library Aide/Clerk 15.63 13054 - Library Information Technology Systems Administrator 30.60 13058 - Library Technician 21.07 13061 - Media Specialist I 18.83 13062 - Media Specialist II 21.07 13063 - Media Specialist III 23.49 13071 - Photographer I 18.83 13072 - Photographer II 21.07 13073 - Photographer III 26.11 13074 - Photographer IV 31.94 13075 - Photographer V 38.63 13090 - Technical Order Library Clerk 18.87 13110 - Video Teleconference Technician 20.39
14000 - Information Technology Occupations 14041 - Computer Operator I 20.53 14042 - Computer Operator II 22.97 14043 - Computer Operator III 25.60 14044 - Computer Operator IV 28.45 14045 - Computer Operator V 31.51 14071 - Computer Programmer I (see 1) 26.36 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 20.53 14160 - Personal Computer Support Technician 28.45 14170 - System Support Specialist 31.74
15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 36.47 15020 - Aircrew Training Devices Instructor (Rated) 44.06 15030 - Air Crew Training Devices Instructor (Pilot) 52.81 15050 - Computer Based Training Specialist / Instructor 36.47 15060 - Educational Technologist 35.31 15070 - Flight Instructor (Pilot) 52.81 15080 - Graphic Artist 26.80 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 50.35 15086 - Maintenance Test Pilot, Rotary Wing 50.35 15088 - Non-Maintenance Test/Co-Pilot 50.35 15090 - Technical Instructor 34.25 15095 - Technical Instructor/Course Developer 41.89 15110 - Test Proctor 27.65 15120 - Tutor 27.65
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 14.48 16030 - Counter Attendant 14.48 16040 - Dry Cleaner 16.56 16070 - Finisher, Flatwork, Machine 14.48 16090 - Presser, Hand 14.48 16110 - Presser, Machine, Drycleaning 14.48 16130 - Presser, Machine, Shirts 14.48 16160 - Presser, Machine, Wearing Apparel, Laundry 14.48 16190 - Sewing Machine Operator 17.26 16220 - Tailor 17.95 16250 - Washer, Machine 15.17
19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 26.98 19040 - Tool And Die Maker 32.45
21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.03 21030 - Material Coordinator 29.30 21040 - Material Expediter 29.30 21050 - Material Handling Laborer 17.76 21071 - Order Filler 17.26 21080 - Production Line Worker (Food Processing) 18.03 21110 - Shipping Packer 18.24 21130 - Shipping/Receiving Clerk 18.24 21140 - Store Worker I 16.41 21150 - Stock Clerk 21.78 21210 - Tools And Parts Attendant 18.03 21410 - Warehouse Specialist 18.03
23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.93 23019 - Aircraft Logs and Records Technician 23.89 23021 - Aircraft Mechanic I 28.41 23022 - Aircraft Mechanic II 29.93 23023 - Aircraft Mechanic III 31.38 23040 - Aircraft Mechanic Helper 20.76 23050 - Aircraft, Painter 27.20 23060 - Aircraft Servicer 23.89 23070 - Aircraft Survival Flight Equipment Technician 27.20 23080 - Aircraft Worker 25.49 23091 - Aircrew Life Support Equipment (ALSE) Mechanic I 25.49 23092 - Aircrew Life Support Equipment (ALSE) Mechanic II 28.41 23110 - Appliance Mechanic 26.98 23120 - Bicycle Repairer 22.37 23125 - Cable Splicer 43.67 23130 - Carpenter, Maintenance 22.48 23140 - Carpet Layer 25.49 23160 - Electrician, Maintenance 30.78 23181 - Electronics Technician Maintenance I 32.18
23182 - Electronics Technician Maintenance II 34.07 23183 - Electronics Technician Maintenance III 35.78 23260 - Fabric Worker 23.89 23290 - Fire Alarm System Mechanic 28.33 23310 - Fire Extinguisher Repairer 22.37 23311 - Fuel Distribution System Mechanic 28.33 23312 - Fuel Distribution System Operator 22.37 23370 - General Maintenance Worker 22.72 23380 - Ground Support Equipment Mechanic 28.41 23381 - Ground Support Equipment Servicer 23.89 23382 - Ground Support Equipment Worker 25.49 23391 - Gunsmith I 22.37 23392 - Gunsmith II 25.49 23393 - Gunsmith III 28.33 23410 - Heating, Ventilation And Air-Conditioning Mechanic 25.42 23411 - Heating, Ventilation And Air Contidioning Mechanic (Research Facility) 26.66 23430 - Heavy Equipment Mechanic 27.80 23440 - Heavy Equipment Operator 23.74 23460 - Instrument Mechanic 28.33 23465 - Laboratory/Shelter Mechanic 26.98 23470 - Laborer 17.76 23510 - Locksmith 26.98 23530 - Machinery Maintenance Mechanic 25.86 23550 - Machinist, Maintenance 28.33 23580 - Maintenance Trades Helper 18.27 23591 - Metrology Technician I 28.33 23592 - Metrology Technician II 29.71 23593 - Metrology Technician III 31.10 23640 - Millwright 28.33 23710 - Office Appliance Repairer 26.98 23760 - Painter, Maintenance 23.02 23790 - Pipefitter, Maintenance 26.52 23810 - Plumber, Maintenance 25.25 23820 - Pneudraulic Systems Mechanic 28.33 23850 - Rigger 28.33 23870 - Scale Mechanic 25.49 23890 - Sheet-Metal Worker, Maintenance 28.33 23910 - Small Engine Mechanic 23.60 23931 - Telecommunications Mechanic I 33.24 23932 - Telecommunications Mechanic II 34.87 23950 - Telephone Lineman 33.16 23960 - Welder, Combination, Maintenance 25.32 23965 - Well Driller 28.33 23970 - Woodcraft Worker 28.33 23980 - Woodworker 22.37
24000 - Personal Needs Occupations 24550 - Case Manager 18.27 24570 - Child Care Attendant 13.61 24580 - Child Care Center Clerk 17.77 24610 - Chore Aide 13.28
24620 - Family Readiness And Support Services Coordinator 18.27 24630 - Homemaker 18.43
25000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.30 25040 - Sewage Plant Operator 24.89 25070 - Stationary Engineer 27.30 25190 - Ventilation Equipment Tender 19.76 25210 - Water Treatment Plant Operator 24.89
27000 - Protective Service Occupations 27004 - Alarm Monitor 20.57 27007 - Baggage Inspector 17.58 27008 - Corrections Officer 22.80 27010 - Court Security Officer 24.72 27030 - Detection Dog Handler 20.57 27040 - Detention Officer 22.80 27070 - Firefighter 24.63 27101 - Guard I 17.58 27102 - Guard II 20.57 27131 - Police Officer I 26.52 27132 - Police Officer II 29.67
28000 - Recreation Occupations 28041 - Carnival Equipment Operator 17.07 28042 - Carnival Equipment Repairer 18.40 28043 - Carnival Worker 12.97 28210 - Gate Attendant/Gate Tender 16.76 28310 - Lifeguard 14.93 28350 - Park Attendant (Aide) 18.74 28510 - Recreation Aide/Health Facility Attendant 13.68 28515 - Recreation Specialist 23.22 28630 - Sports Official 14.93 28690 - Swimming Pool Operator 20.96
29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 25.49 29020 - Hatch Tender 25.49 29030 - Line Handler 25.49 29041 - Stevedore I 23.89 29042 - Stevedore II 26.98
30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 52.72 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 36.35 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 40.04 30021 - Archeological Technician I 27.63 30022 - Archeological Technician II 30.90 30023 - Archeological Technician III 38.30
30030 - Cartographic Technician 38.30 30040 - Civil Engineering Technician 36.72 30051 - Cryogenic Technician I 42.41 30052 - Cryogenic Technician II 46.83 30061 - Drafter/CAD Operator I 27.63 30062 - Drafter/CAD Operator II 30.90 30063 - Drafter/CAD Operator III 34.45 30064 - Drafter/CAD Operator IV 42.41 30081 - Engineering Technician I 24.68 30082 - Engineering Technician II 27.70 30083 - Engineering Technician III 30.98 30084 - Engineering Technician IV 38.39 30085 - Engineering Technician V 46.96 30086 - Engineering Technician VI 56.81 30090 - Environmental Technician 38.30 30095 - Evidence Control Specialist 38.30 30210 - Laboratory Technician 34.45 30221 - Latent Fingerprint Technician I 42.41 30222 - Latent Fingerprint Technician II 46.83 30240 - Mathematical Technician 37.00 30361 - Paralegal/Legal Assistant I 25.85 30362 - Paralegal/Legal Assistant II 32.03 30363 - Paralegal/Legal Assistant III 39.16 30364 - Paralegal/Legal Assistant IV 47.39 30375 - Petroleum Supply Specialist 46.83 30390 - Photo-Optics Technician 38.30 30395 - Radiation Control Technician 46.83 30461 - Technical Writer I 30.77 30462 - Technical Writer II 37.63 30463 - Technical Writer III 45.53 30491 - Unexploded Ordnance (UXO) Technician I 33.50 30492 - Unexploded Ordnance (UXO) Technician II 40.54 30493 - Unexploded Ordnance (UXO) Technician III 48.59 30494 - Unexploded (UXO) Safety Escort 33.50 30495 - Unexploded (UXO) Sweep Personnel 33.50 30501 - Weather Forecaster I 42.41 30502 - Weather Forecaster II 51.58 30620 - Weather Observer, Combined Upper Air Or Surface Programs (see 2) 34.45 30621 - Weather Observer, Senior (see 2) 38.30
31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 40.54 31020 - Bus Aide 14.80 31030 - Bus Driver 20.85 31043 - Driver Courier 16.71 31260 - Parking and Lot Attendant 13.10 31290 - Shuttle Bus Driver 17.53 31310 - Taxi Driver 16.92 31361 - Truckdriver, Light 18.02 31362 - Truckdriver, Medium 19.25 31363 - Truckdriver, Heavy 23.21 31364 - Truckdriver, Tractor-Trailer 23.21
99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 19.76 99030 - Cashier 13.56 99050 - Desk Clerk 14.32 99095 - Embalmer 33.50 99130 - Flight Follower 33.50 99251 - Laboratory Animal Caretaker I 15.58 99252 - Laboratory Animal Caretaker II 16.80 99260 - Marketing Analyst 29.34 99310 - Mortician 33.50 99410 - Pest Controller 21.71 99510 - Photofinishing Worker 17.61 99710 - Recycling Laborer 18.50 99711 - Recycling Specialist 22.71 99730 - Refuse Collector 16.40 99810 - Sales Clerk 15.00 99820 - School Crossing Guard 17.89 99830 - Survey Party Chief 23.18 99831 - Surveying Aide 14.40 99832 - Surveying Technician 22.03 99840 - Vending Machine Attendant 23.78 99841 - Vending Machine Repairer 29.20 99842 - Vending Machine Repairer Helper 23.78
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Note: Executive Order 13658 generally applies to contracts subject to the Service Contract Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $5.55 per hour, up to 40 hours per week, or $222.00 per week or $962.00 per month
HEALTH & WELFARE EO 13706: $5.09 per hour, up to 40 hours per week, or $203.60 per week, or $882.27 per month*
*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE
FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that consists of:
(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).
Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of """"wash and wear"""" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the """"Service Contract Act Directory of Occupations"""", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE,
Standard Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.
6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the """"Service Contract Act Directory of Occupations"""" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."""
Section B - Supplies or Services & Prices or Costs Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Base Year Recurring Services
FFP
Provide delivery and supplies for the Dahlgren Base Pool at Building 1193 on a recurring basis.
Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
OY1 Recurring services
FFP
CO2 delivery and supplies for Dahlgren Base Pool at Building 1193. Option Year 1.
Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
OY2 Recurring services
FFP
CO2 delivery and supplies for Dahlgren Base Pool at Building 1193. Option Year 2.
Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
OY3 Recurring services
FFP
CO2 delivery and supplies for Dahlgren Base Pool at Building 1193. Option Year 3.
Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
OY4 Recurring services
FFP
CO2 delivery and supplies for Dahlgren Base Pool at Building 1193. Option Year 4.
Pricing Arrangement: Firm Fixed Price
1 Each
Section C - Description/Specifications/Statement of Work SCOPE OF WORK: Contractor shall provide delivery and supplies for the Dahlgren Base Pool at Building 1193. CO2 will be delivered to Building 1193 on a re-occurring basis to control the pH level in the pool water.
See attachment for Section C Provisions by reference and Full Text and description of the CO2 system.
Requirements B1193 Pool Chemicals
Section D - Packaging and Marking
Section E - Inspection and Acceptance Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Other Instructions
DoDAAC: N40080 CountryCode: USA
NAVFACSYSCOM WASHINGTON
1314 HARWOOD STREET SE, WASHINGTON NAVY YARD DC 20374-5018
WASHINGTON NAVY YARD, DC 20374-5018
UNITED STATES
Kayla Liverman, ACQ POC Email: kayla.m.liverman.civ@us.navy.mil Telephone: 540-845-1659
Section F - Deliveries or Performance Overall Contract Delivery Period
Period of Performance From 15 Jun 2026 to 14 Jun 2027
The ordering period above may include unexercised options
Line Item Delivery Schedule Quantity Address and POC
Partial Delivery Schedule Delivery Period From 15 Jun 2026 to 14 Jun 1 Each
1 Each Ship To DoDAAC: N40080 CountryCode: USA
NAVFACSYSCOM WASHINGTON
1314 HARWOOD STREET SE, WASHINGTON NAVY YARD DC 20374-
WASHINGTON NAVY YARD, DC 20374-5018
UNITED STATES
Kayla Liverman, ACQ POC Email: kayla.m.liverman.civ@us.navy.mil Telephone: 540-845-1659
Section G - Contract Administration Data
Section H - Special Contract Requirements 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) 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 postacceptance 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.
(b) 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.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(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 such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award
Management, or 52.232-34, Payment by Electronic
Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) 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; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, 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 33.211 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 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Reserved.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(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 (u)(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.
(v) 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)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
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