Release Solicitation.pdf

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Elevator Services For Success Lake, Kaweah Lake, Isabella Dam/Lakes
Solicitation number
W9123826QA010
Issued by

About this file

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449, Rev. 11/2021) for elevator maintenance and certification services issued by the U.S. Army Corps of Engineers, Sacramento District.

The solicitation is for maintenance and inspection services for three elevators at the U.S. Army's water resource facilities: Terminus Dam (Kaweah), Schafer Dam (Success), and Isabella Lake/Dam. Services required include annual certifications (Category 5), mid-year inspections, quarterly preventative maintenance (four per year), and emergency call-out services for each of the three elevators. The contract includes a base period and four optional one-year periods, with all line items priced on a firm fixed-price basis. The solicitation number is W9123826QA010, issued April 13, 2026, with offers due May 19, 2026 at 11:00 AM. The acquisition is set aside 100 percent for women-owned small businesses (WOSB), with NAICS code 238290 and a size standard of $22 million. Evaluation will be based on Lowest Price Technically Acceptable (LPTA) criteria, requiring proof of Certified Conveyance Elevator Mechanic certification. Award will be based on the grand total price for the base year plus four option years. Inspection and acceptance will occur at the respective dam locations in California, with invoicing and payment directed to the USA Engineer Finance Center, COE Sacramento District, in Millington, Tennessee.

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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)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Annual Certification for Terminus (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

0002 Mid-year inspection for Terminus Pricing Arrangement: Firm Fixed Price

1 Job

0003 Quarterly Preventative Maintenance for Terminus Pricing Arrangement: Firm Fixed Price

4 Each

0004 Emergency Call-Out for Terminus Pricing Arrangement: Firm Fixed Price

2 Each

0005 Annual Certification for Schafer (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

0006 Mid-year inspection for Schafer Pricing Arrangement: Firm Fixed Price

1 Job

0007 Quarterly Preventative Maintenance for Schafer Pricing Arrangement: Firm Fixed Price

4 Each

0008 Emergency Call-Out for Schafer Pricing Arrangement: Firm Fixed Price

2 Each

0009 Annual Certification for Isabella (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

0010 Mid-year inspection for Isabella Pricing Arrangement: Firm Fixed Price

1 Job

0011 4 Each

W9123826QA010

Quarterly Preventative Maintenance for Isabella Pricing Arrangement: Firm Fixed Price

0012 Emergency Call-Out for Isabella Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Terminus (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Terminus Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Terminus Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Terminus Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Schafer (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Schafer Pricing Arrangement: Firm Fixed Price

1 Job

Option Line

Quarterly Preventative Maintenance for Schafer

4 Each

Item

Pricing Arrangement: Firm Fixed Price

Option Line Item

Emergency Call-Out for Schafer Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Isabella (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Isabella Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Isabella Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Isabella Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Terminus (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Terminus Pricing Arrangement: Firm Fixed Price

1 Job

Option 4 Each

Line

Quarterly Preventative Maintenance for Terminus Pricing Arrangement: Firm Fixed Price

Option Line Item

Emergency Call-Out for Terminus Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Schafer (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Schafer Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Schafer Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Schafer Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Isabella (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Isabella Pricing Arrangement: Firm Fixed Price

1 Job

Option

Item

Quarterly Preventative Maintenance for Isabella Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Isabella Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Terminus (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Terminus Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Terminus Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Terminus Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Schafer (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Schafer Pricing Arrangement: Firm Fixed Price

1 Job

Item

Quarterly Preventative Maintenance for Schafer Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Schafer Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Isabella (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Isabella Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Isabella Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Isabella Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Terminus (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Terminus Pricing Arrangement: Firm Fixed Price

1 Job

Item

Quarterly Preventative Maintenance for Terminus Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Terminus Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Schafer (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Schafer Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Quarterly Preventative Maintenance for Schafer Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Schafer Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Annual Certification for Isabella (Cat 5) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Mid-year inspection for Isabella Pricing Arrangement: Firm Fixed Price

1 Job

Item

Quarterly Preventative Maintenance for Isabella Pricing Arrangement: Firm Fixed Price

4 Each

Option Line Item

Emergency Call-Out for Isabella Pricing Arrangement: Firm Fixed Price

2 Each

Continuation of Description

Requirements Success (Schafer Dam), Kaweah (Terminus Dam), Isabella Lake/Dam Elevator Services Base + 4

Product Service Code : J028 North American Industry Classification System (NAICS) : 238290

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Product Service Code : J028

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0002 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0003 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0004 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0005 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0006 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0007 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0008 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0009 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0010 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0011 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

0012 Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

UNITED STATES

La Chad Jefferson

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: All work to be completed in accordance with the Performance Work Statement.

DoDAAC: W91238 CountryCode: USA

USA ENGINEER FINANCE CTR 04167

COE SACRAMENTO DISTRICT, ATTN FIN OFF 5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Continuation of Deliveries or Performance

0001 1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0002 1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0003 4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0004 2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0005 1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0006 1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0007 4 EachQuantity

Address and POC

From 01 Jul 2026 To 30 Jun 2027

0008 2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0009 1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0010 1 JobQuantity

Address and POC

01 Jul 2026 To 30 Jun 2027

0011 4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

0012 2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 30 Jun 2027

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027

To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Item

1 JobQuantity

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Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

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2 EachQuantity

Address and POC

From 01 Jul 2027 To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

4 EachQuantity

Address and POC

01 Jul 2027 To 30 Jun 2028

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028

30 Jun 2029

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

From 01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

2 EachQuantity

Address and POC

01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029

30 Jun 2030

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

From 01 Jul 2029 To 30 Jun 2030

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2029 To 30 Jun 2030

Option Line Item

1 JobQuantity

Address and POC

01 Jul 2030 To 30 Jun 2031

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2030

30 Jun 2031

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

4 EachQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Item

2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Option Line Item

4 EachQuantity

Address and POC

From 01 Jul 2030 To 30 Jun 2031

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2 EachQuantity

Address and POC

Period of Performance From 01 Jul 2030 To 30 Jun 2031

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

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

2017-01

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

2026-02

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

2026-02

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

2026-02

52.219-8 Utilization of Small Business Concerns. (Deviation)

2026-02

52.219-16 Liquidated Damages- Subcontracting Plan. (Deviation)

2026-02

52.222-35 Equal Opportunity for Veterans.

(Deviation)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation)

2026-02

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

2026-02

52.222-41 Service Contract Labor Standards. (Deviation)

2026-02

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

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation)

2026-02

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

2026-02

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

2026-02

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

2024-05

52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services.

2021-11

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation) 2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2026-02

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

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

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

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

and

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment-

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to…

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