Solicitation - M6700126Q0143.pdf

Section A - Solicitation/Contract Form

Ladder Fire Truck Engine Overhaul

M6700126Q0143

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Ladder Fire Truck Engine Overhaul

Cummins Heavy-Duty Diesel Engine Overhaul, Reprogramming and Servicing in accordance with the Performance Work Statement.

Manufacturer: Cummins Make/Model: 2008 Pierce Velocity

Pricing Arrangement: Firm Fixed Price

1 Each

Section C - Description/Specifications/Statement of Work

Cummins Heavy-Duty Diesel Engine Overhaul, Reprogramming, and Servicing

1.0 Introduction and Background

This Performance Work Statement (PWS) defines the Government's minimum technical and quality requirements for the complete engine overhaul, mechanical rebuilding, electronic reprogramming, and fluid/filter servicing of a Government-owned 2008 Pierce Velocity Truck Fire Ladder.

This specialized emergency response vehicle is a critical life-safety asset operated by Station Fire Department at Marine Corps Air Station (MCAS) Cherry Point, NC.

1.1 Completed Diagnostic Foundation (For Information Only)

Prior diagnostic testing and initial troubleshooting have already been completed by a Factory-Authorized Service Center. Contractors shall utilize these completed diagnostic findings as the baseline for this overhaul effort:

1. Blowby Verification: Hooked up a manometer and performed a stall test, verifying , formally 13.6 inHg of blowby establishing the technical necessity for a complete engine overhaul.

2. EGR Servicing: Removed the CAC pipe, crossover tube, EGR valve, and intake connection. Identified that the EGR flow port was completely plugged with carbon and physically cleaned out the port.

3. Fault Code Pulls: Connected to Cummins INSITE(TM) and pulled active fault codes:

- Fault Code: Circuit response test completed; verified the vehicle possesses a faulty Exhaust Gas Pressure Sensor.

- Fault Code: Monitored EGR differential pressure in INSITE; verified the sensor is not stuck in range.

4. Coolant Contamination Check: Identified that the engine cooling system is contaminated with incorrect and green coolant requires a complete chemical flush and replacement with red Organic Acid Technology (OAT) coolant.

2.0 Scope of Work

The Contractor shall provide all labor, technical supervision, facilities, precision tooling, parts, and materials necessary to perform a complete engine overhaul, electronic reprogramming, and fluid servicing on the Cummins heavy-duty diesel engine (ISL CM2150, Serial #46837481) installed in the 2008 Pierce Velocity Truck Fire Ladder.

2.1 Excluded Tasks (Previously Completed)

The following tasks are from the Contractor's scope of work, having been successfully executed under a prior diagnostic excluded event:

- Initial INSITE(TM) fault code diagnostics and circuit response testing.

- Physical cleaning and carbon removal of the EGR flow port.

- Diagnostic manometer blowby stall testing.

2.2 Included Tasks (Remaining to be Completed)

The Contractor shall perform all work required to return the vehicle to full, leak-free operational status. The remaining scope of work encompasses:

- Precision block/head machining and complete mechanical rebuilding using Genuine Cummins OEM parts.

- Procurement and installation of all engine components, gaskets, bearings, and auxiliary components.

- Procurement and installation of one (1) new Exhaust Gas Pressure Sensor.

- Complete chemical flush of the incorrect green coolant, followed by a complete refill with OEM-specified red Organic Acid Technology (OAT) coolant.

- Vocational Engine Control Module (ECM) electronic reprogramming and calibration utilizing licensed Cummins INSITE (TM) diagnostics.

- Post-overhaul load/leak testing, off-site waste disposal, and warranty administration.

3.0 Specific Technical Requirements & Tasks (Remaining)

The Contractor shall perform the following technical tasks in sequential and professional order:

3.1. Engine Disassembly, Cleaning, and Structural Inspection

- Disassembly: The Contractor shall completely extract and disassemble the Cummins engine block and cylinder head down to bare components.

3.2. Machining and Rebuilding to OEM Specifications

- Machining: The Contractor shall machine, deck-level, and hone the cylinder block and cylinder head strictly to the Cummins original manufacturing blueprint tolerances.

- Reassembly Standards: The Contractor shall reassemble the engine block, cylinder head, and auxiliary systems. All assembly clearances, piston ring end gaps, and structural fasteners must be torqued and aligned strictly in accordance with official Cummins service manuals.

3.3. Mandatory Parts & Lubricant Installation

The Contractor shall furnish and install all parts and fluids required to return the vehicle to full operating status. The installation must include, at a minimum, the following Genuine Cummins OEM components:

- 6 Cylinder Liners

- 6 Connecting Rod Bearing Kits

- 6 Engine Piston Kits

- 1 Main Bearing Kit

- 1 Lower Engine Gasket Kit

- 1 Upper Engine Gasket Kit

- 6 Piston Cooling Nozzles

- 1 Cylinder Head

- 6 Fuel Injector Kits

- 1 Turbocharger Kit

- 1 Exhaust Gas Pressure Sensor

- 28 Quarts of 15W-40 Motor Oil

- 10 Units of Red OAT Coolant (Required to replace contaminated green coolant)

- 2 Grommet Seals

- 1 V-Ribbed Belt

- 1 Air Filter

- 2 O-Ring Seals

- All required lubricants, filters, seals, and assembly gaskets (including connection gaskets and crossover hoses) required for a complete, leak-free seal.

3.4. Proprietary ECM Reprogramming and Vocational Calibration

- Diagnostic Tools: The Contractor must perform all engine diagnostics, calibration checks, and final firmware installations utilizing active, licensed Cummins INSITE(TM) diagnostic software.

- Vocational Configuration: The Contractor shall program the Engine Control Module (ECM) with the latest Cummins-approved calibration maps. The Contractor shall configure the ECM parameters to match the unique vocational operating requirements of the Pierce Velocity Fire Apparatus, specifically verifying:

- Fault Code Resolution: Verification that Fault Codes are completely resolved and clear of active statuses.

3.5. Quality Control and Post-Overhaul Acceptance Testing

- Testing Protocol: Following reassembly and programming, the Contractor shall conduct a minimum of four (4) hours of under varying simulated loads (via stationary dynamometer testing or controlled road testing).continuous engine operation

- Acceptance Benchmarks: The engine must demonstrate:

- Zero active Diagnostic Trouble Codes (DTCs) or pending check engine lights.

- Oil pressure, fuel pressure, and coolant temperatures remaining strictly within the Cummins nominal operating curves.

- Absolute absence of fluid leaks (coolant, fuel, motor oil, or exhaust).

- Joint Inspection: The Contractor shall perform a physical, hands-on operational run and diagnostic check in the presence of the Government POC prior to the final sign-off.

3.6. Environmental and Waste Management

- Disposal: The Contractor shall legally collect, containerize, and dispose of all hazardous fluids generated during this project (including used motor oil, contaminated green coolant, and chemical solvents).

- Compliance: All disposal actions must comply fully with North Carolina Department of Environmental Quality (NC DEQ) and Federal Environmental Protection Agency (EPA) regulations. The Contractor is prohibited from utilizing Government-owned dumpsters or base facilities for commercial waste disposal.

4.0 Contractor Qualifications

To safeguard this critical life-safety asset, the Contractor must satisfy the following strict qualification standards. Failure to meet these criteria at the time of proposal submission will result in immediate disqualification:

- Authorized Cummins Service Facility: Contractors must provide proof of active status as a factory-authorized Cummins Dealer or Cummins Certified Service Center.

- Certified Technical Personnel: Contractors must demonstrate active for all technical Cummins Engine Certifications personnel assigned to the machining, rebuilding, and electronic programming tasks. Contractors must demonstrate that they possess active, licensed Cummins INSITE(TM) diagnostics.

- Geographic Proximity: The Contractor's physical repair facility must be located within a 150-mile driving radius of to ensure secure vehicle transport and facilitate active quality-assurance monitoring by the Government MCAS Cherry Point, NC

POC.

5.0 Government-Furnished Property and Information (GFP/GFI)

- Vehicle Access: The Government will provide one (1) 2008 Pierce Velocity Truck Fire Ladder (VIN# 4P1CV01A78A008213) for servicing.

- Logistics & Transport: The Government shall be solely responsible for providing all logistics and transport to deliver the vehicle from the Fire Trucks current location to the Contractor's place of business, and to pick up the vehicle upon formal acceptance.

- Technical Manuals: The Government will provide access to any existing vehicle-specific Pierce integration diagrams or wiring schematics as Government-Furnished Information (GFI) upon contract award, if required.

6.0 Deliverables

The Contractor shall submit the following deliverables:

- D-01: Fully Overhauled and Reprogrammed Vehicle: One (1) operational 2008 Pierce Velocity Fire Truck, with its Cummins diesel engine completely overhauled to OEM specifications, serviced with fresh POLs and filters, and fully reprogrammed.

- D-02: Diagnostic Performance & Test Log Report: A printed or digital copy of the post-overhaul Cummins INSITE diagnostic report, validating that the ECM is flashed with the correct vocational parameters and is 100% free of active fault codes.

- D-03: Signed Certificate of Warranty & Compliance: A formal document detailing the terms of the 12-month commercial warranty, certifying that all work was executed using Genuine Cummins OEM parts and in strict accordance with the requirements of this PWS.

7.0 Period and Place of Performance

- Period of Performance: The Contractor shall complete all procurement of parts, technical rebuilding labor, reprogramming, quality testing, and cleanup within from the date the vehicle is physically delivered to sixty (60) calendar days the Contractor's facility.

- Place of Performance: All mechanical disassembly, machining, reassembly, electronic programming, and physical testing shall be conducted at the Contractor's secure commercial facility.

8.0 Quality Assurance & Warranty Requirements

8.1. Quality Assurance

The Government will monitor the Contractor's performance. The Government POC will conduct a final acceptance inspection. Final acceptance will only be granted after the Government POC verifies that the engine is completely operational, free of structural/fluid defects, and has successfully passed the 4-hour performance test without triggering any active fault codes. Any assembly, mechanical, or programming deficiencies identified during the final inspection must be corrected by the Contractor at no additional cost to the Government prior to final sign-off.

8.2. Warranty Terms

- Comprehensive Coverage: The Contractor shall provide a minimum of a 12-month / unlimited mileage commercial covering all parts and labor associated with the engine rebuild, seals, and accessories.warranty

- OEM Parts Warranty: All parts installed must carry the standard . The Cummins factory-backed parts warranty Contractor shall register the parts with the manufacturer on behalf of the Government and provide official registration receipts as part of the D-03 deliverable package.

9.0 Performance Requirements Summary (PRS)

The Performance Requirements Summary (PRS) outlines the critical tasks, their associated performance standards, the Acceptable Quality Levels (AQLs), the surveillance methods the Government will use to monitor performance, and the contractual consequences for failing to meet the standards.

PWS Section & Critical Task

Performance Standard Acceptable Quality Level (AQL)

Surveillance Method

Impact of Non-Compliance

3.2 & 3.3 Engine Overhaul & Parts Installation

Rebuilt Cummins engine must perform to original manufacturer specifications using 100% Genuine Cummins OEM parts matching the parts list.

100% Compliance.

No aftermarket or non-OEM engine components permitted.

100% inspection of components during rebuild phases.

Audit of parts receipts and manufacturer registration (D-03).

Rejection of work.

Contractor shall disassemble and replace unapproved components at no additional cost to the Government.

ECM must be flashed using licensed Cummins INSITE(TM) software and

100% error-free operation. Proper

Review of the post-overhaul diagnostic log report (D-02).

Rejection of the vehicle at final delivery. PoP clock

3.4 Vocational

ECM

Reprogramming custom-calibrated for high-idle, PTO interfaces, transmission TCM communication, and safety overrides.

electronic interfaces verified for all safety and ladder systems.

Technical validation of interlock and PTO operation.

continues to run until software integrations function properly.

3.5 Post-

Overhaul Testing & Quality Check

Assembled engine must undergo a minimum of 4 hours of simulated load or road testing with zero active leaks, zero active DTC codes, and optimal operating ranges.

Zero (0) leaks of any fluid.

Zero (0) active or pending Diagnostic Trouble Codes (DTCs).

Observation of the testing phase.

Joint physical and diagnostic inspection with the Government POC.

Immediate rejection of vehicle acceptance.

Contractor must identify, repair, and re-test the system at their own expense.

7.0 Timely

Completion (PoP)

Complete all disassembly, rebuilding, parts procurement, reprogramming, testing, and cleanup within the specified timeframe.

Rebuild completed, tested, and certified on or before Day 60 from vehicle delivery.

Milestone tracking of delivery date versus formal Government acceptance signature date.

Contractual deductions for late delivery (subject to standard FAR delay and liquidated damages clauses).

10.0 Project Points of Contact (POC)

The primary and secondary Government representatives responsible for project administration, scheduling delivery/pickup, and conducting joint quality acceptance inspections are:

Primary Technical POC:

Rusty L. Clark; email: rusty.clark@usmc.mil; Work Phone: (252) 466-5827

Alternate Technical POC:

Johnny Long; email: johnny.l.long.civ@usmc.mil; Work Phone: (252) 466-3502

UNAUTHORIZED WORK STATEMENT

The Contractor shall not perform work that deviates from the purchase order (PO) and the performance work statement (PWS). If the Contractor deviates from the PO and the PWS without approval of the CONTRACT ADMINISTRATOR / CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

Requirements Ladder Fire Truck

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Acceptance Location

Acceptance Destination Instructions: Number of Days 7.

DoDAAC: M67001 CountryCode: USA

COMMANDING GENERAL

MCB CAMP LEJEUNE, BLDG 1212 PSC BOX 20004

CAMP LEJEUNE, NC 28542-0004

UNITED STATES

Rusty Clark, Fire Department Email: rusty.clark@usmc.mil

Section F - Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 21 Sep 2026 To 20 Oct 2026

1 Each

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Jan 1991

Section G - Contract Administration Data

1.0 Contract Administration for the Government

a. The following representative of the Contracting Office shall be contacted for contract administration purposes: Name:

Patwanda Brown Phone: (252) 466-2895 Email: patwanda.brown@usmc.mil

2.0 Communications

a. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

b. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

c. A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

d. The contact information for the Contracting Officer is: Name:

Larry Davis Phone: (252) 466-7765 Email: larry.davis1@usmc.mil

ADDENDUM 52.212-4(D)

Unilateral administrative changes (e.g., a change in the paying office, line of accounting, cost code or the appropriation data, changing points of contact or telephone numbers, and correct typographical errors) are authorized under this section, so long as the written purchase order change does not affect the substantive rights of the parties and is consistent with customary commercial practice.

SALES TAX EXEMPTION

The Contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

CONTRACTOR BASE ACCESS TO MARINE CORPS INSTALLATION CHERRY POINT, NC

Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6C, available at:

https://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/ASO%205560.6B.pdf?ver=pV-x 0O4cua5w7CKcMRqCw%3D%3D

1.2 Marine Corps Installations transitioned to Defense Biometric Identification System (DBIDS) control system

Marine Corps Installations across the region have transitioned to a government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system has replaced RAPIDGate and MCESS for contractors and other non- DoD-affiliated personnel requiring installation access. DBIDS is installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Beginning May 7, 2025, Marine Corps Air Station Cherry Point will enforce the REAL ID Act, which requires visitors and non-permanent party personnel to have a REAL ID compliant driver's license or identification card to enter the installation.

The requirement will largely affect visitors over the age of 18 that include delivery drivers, third-party contracted workers, and public and private guests trying to enter the installation.

Here's what you need to know:

CURRENT DOD ID CARD HOLDERS

- If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

- You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

- DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals' information will occur each year.

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

- DBIDS credentials will be issued beginning September 24, 2018

- New contractors requiring access for over 60 days will receive a credential valid for up to one year.

- New contractors requiring access for less than 60 days will receive a temporary paper pass.

If you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

Start your enrollment at: https://dbids-global-enroll.dmdc.mil/

1.3 Additional information regarding access to the Air Station is available by phone at (252) 466-5921.

1.4 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor's center adjacent to the main gate.

1.5 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced.

Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel.

Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

3.0 WORK PERFORMED ON MARINE CORP INSTALLATIONS

3.1 The worked described herein shall be performed aboard MCAS Cherry Point, NC and shall be performed during normal working hours, Monday through Friday 0630 to 1500, unless otherwise requested by the contractor and approved in advance by the Government.

3.2 During the course of contract performance the contractor, as a resident of the installation and facility, shall adhere to all rules and regulations in effect at Marine Corps Air Station Cherry Point. Contractors are required to comply with all Federal and North Carolina State Environmental, Security, and Safety Compliance requirements along with other command policies. Failure to adhere to these requirements may result in suspension or debarment of the individual employees and/or the contractor.

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

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

Invoice 2-in-1

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0871

Issue By DoDAAC M67001

Admin DoDAAC M67001

Inspect By DoDAAC N/A

Ship To Code M30146

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) M30146

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

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

Rusty Clark rusty.clark@usmc.mil 252-466-5827

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)

Feb 2026

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

52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1)

Apr 2026

52.223-23 Sustainable Products. (Deviation 2026-O0038) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-23 Assignment of Claims. May 2014 52.232-25 Prompt Payment. Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038) (Alternate I) Feb 2026 Alternate I Feb 2026

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. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7022 Expediting Contract Closeout. May 2021 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7007 Cancellation or Termination of Orders. Sep 2019 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026- O0038)

(Feb 2026)

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (FEB 2026) (DEVIATION 2026-O0038)

(a) . As used in this clause-Definitions

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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

(Feb 2026)

TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0038)

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

(b) . The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Inspection/Acceptance 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) . The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, Assignment 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 ( use of the Governmentwide commercial purchase card), the Contractor may not assign e.g., its rights to receive payment under this contract.

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

(e) . 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 Disputes 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) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Excusable delays 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) . The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for Patent indemnity 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) . Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in Items accepted this contract.

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

(3) . In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of Discount 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) . If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise Overpayments 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 ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);e.g.

(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

All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid (i) 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) . The Contracting Officer will issue a final decision as required by FAR part 33 if-Final decisions

(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) . Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain Risk of loss 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) . The contract price includes all applicable Federal, State, and local taxes and duties.Taxes

(l) . The Government reserves the right to terminate this contract, or any part hereof, for its sole Termination for the Government's convenience 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) . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Termination for cause 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) . Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, Title regardless of when or where the Government takes physical possession.

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

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

(q) . The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use Compliance with laws unique to Government contracts 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) . Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:Order of precedence

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

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

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

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

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

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (Deviation 2026-O0038) (Feb 2026)

POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the…