(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Patrick.Ferguson Line

Patrick.Ferguson Line

Section 00 00 00 - Procurement and Contracting Requirements

CSS 99147 Mini Splits Scranton, PA (PA162)Instrument Name:

THIS SOLICITATION IS SET ASIDE FOR SMALL BUSINESS. 1. THE U.S. Contract Description:

ARMY CONTRACTING COMMAND - ROCK ISLAND AT FORT DIX HAS A NEW

CONSTRUCTION REQUIREMENT IN SUPPORT OF THE U.S. ARMY 99TH READINESS

DIVISION. THIS PROJECTED IS LOCATED WITH THE 99TH READINESS DIVISION B

REGION: CSS 99147 - INSTALL MINI SPLIT LOCATED AT THE SCRANTON AFRC 3401

OLYPHANT AVE SCRANTON, PA 18509. 2. THE NORTH AMERICAN INDUSTRY

CLASSIFICATION (NAICS) CODE FOR THIS PROJECT IS 236220 -COMMERCIAL AND

INSTITUTIONAL CONSTRUCTION, WITH A SIZE STANDARD OF $45,000,000.00. 3. PERIOD

OF PERFORMANCE: ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH THE

STATEMENT OF WORK (SOW).

Product Service Code : Z1AA

ADDENDUM TO CLAUSES 52.212-1 ADDENDUM

Paragraph (b) "Period for acceptance of offers" is amended as follows: The offeror agrees to hold the prices in its offer firm for 120 Calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

52.212-4 ADDENDUM

The following paragraphs are hereby deleted from the FAR Clause 52.212-4 : (h), (n), (o) and (p).

1. GENERAL INSTRUCTIONS

This solicitation is issued for a commercial construction requirement using Revolutionary Federal Acquisition Regulation Overhaul (RFO) Federal Acquisition Regulation (FAR) Part 12 procedures, with applicable construction requirements under RFO FAR Part 36 and RFO Defense Federal Acquisition Regulation Supplement (DFARS) Part 236.

This acquisition uses the lowest price technically acceptable (LPTA) methodology. Award will be made to the responsible quoter whose quote is technically acceptable and whose total evaluated price is the lowest price determined fair and reasonable.

The Government contemplates award of a firm-fixed-price purchase order resulting from this request for quotations.

For acquisitions conducted as a request for quotations, a quotation is not an offer. The Government's issuance of a purchase order is the offer. A binding contract is formed when the contractor accepts the purchase order by signature, written acceptance, or substantial performance.

W15QKN26QA168

2. REQUIREMENT DESCRIPTION AND ATTACHMENTS

The Government requires performance of commercial construction services for CSS 99147 Mini Splits (PA162) at Scranton, AFRC 3401 Olyphant Ave Scranton, PA 18509. The work shall be performed in accordance with the solicitation. All work shall be performed in accordance with the Specifications of Work, drawings, Davis-Bacon wage decision, Construction Form, and any other attachments incorporated into the solicitation or resulting award.

3. POINTS OF CONTACT

Contracting Officer: Theresa Eckstein, theresa.m.eckstein.civ@army.mil

Contract Specialist: Timothy McCleary, timothy.j.mccleary.civ@army.mil

All communications regarding this solicitation shall be submitted in writing to the contracting officer and contract specialist.

4. SUBJECT TO AVAILABILITY OF FUNDS

NOTICE: THIS REQUIREMENT IS ISSUED AS SUBJECT TO AVAILABILITY OF FUNDS (SAF).

FUNDS ARE NOT CURRENTLY AVAILABLE. NO AWARD WILL BE MADE UNDER THIS

SOLICITATION UNTIL FUNDS ARE AVAILABLE. THE GOVERNMENT RESERVES THE RIGHT

TO CANCEL THIS SOLICITATION, IN WHOLE OR IN PART, IF FUNDS DO NOT BECOME

AVAILABLE.

5. SUBMISSION REQUIREMENTS

The quoter shall submit the following documents by the date and time stated in the solicitation:

a. Standard Form 1449. Complete and sign the required blocks of the Standard Form (SF) 1449.

The SF 1449 must be signed by an individual authorized to bind the quoter.

b. Attachment, Contractor Cost Breakdown. The quoter shall submit Attachment in Microsoft Excel format with all formulas intact and functional. Attachment constitutes the technical and price submission. Attachment shall include, as applicable:

Labor categories, Labor hours Labor rates, Material types, quantities, and unit prices Equipment quantities, durations, and unit prices, Overhead, profit, bonding, and general and administrative costs Subcontractor identification and subcontracted work scope, if applicable

c. Acknowledgment of amendments. The quoter shall acknowledge all amendments issued before the submission deadline.

d. System for Award Management registration. The quoter shall have active System for Award Management (SAM) registration at the time of quote submission and at the time of award.

e. Line item pricing. The quoter shall include pricing for each contract line item number or line item identified in the solicitation and Attachment.

f. Davis-Bacon wage decision. The applicable Department of Labor Davis-Bacon wage decision is incorporated into this solicitation and any resulting purchase order as Attachment 0003, DBA PA20260076 mod 2 d. 5-18-2026. Submission of a quote constitutes agreement to comply with the incorporated Davis-Bacon wage decision and applicable construction labor requirements.

6. PROCUREMENT INTEGRATED ENTERPRISE ENVIRONMENT SUBMISSION

INSTRUCTIONS

The only authorized method for submission of quotes is the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. Quotes submitted by email, facsimile, regular mail, hand delivery, or any other method will not be accepted unless the contracting officer authorizes an alternate submission method in writing.

The quoter is responsible for submitting its quote through the PIEE Solicitation Module by the date and time stated in the solicitation. The Government may confirm receipt when the submission is visible in PIEE. Failure to submit early enough to confirm receipt before the deadline remains the responsibility of the quoter.

The quoter must have the Proposal Manager role in the PIEE Solicitation Module to submit a quote. The email address used in PIEE must match the email address associated with the quoter's SAM registration.

Registration, training, and submission resources are available through the links provided in the SAM.gov posting.

If the PIEE Solicitation Module is unavailable, the quoter must notify the contracting officer and contract specialist in writing before the submission deadline. The contracting officer is the only official authorized to approve an alternate submission method.

7. SITE VISIT

Site visits are optional but highly encouraged.

See FAR 52.236-27, Site Visit (Construction), when included in the solicitation, and the applicable solicitation notice for site visit date, time, location, scheduling, and point of contact information.

The quoter is responsible for reviewing the solicitation, attachments, drawings, specifications, site conditions made available through the solicitation, and any site visit information before submitting a quote.

Primary: 19 August 2026 at 10:00 AM EDT

Alternate: 20 August 2026 at 10:00 AM EDT

Site Visit POC(s):

Vincent Beniquez

Vincent.i.beniquez.ctr@army.mil

347-576-9932

** NO QUESTIONS WILL BE RESPONDED TO AT THE SITE VISIT, ALL QUESTIONS MUST BE

SUBMITTED IN ACCORDANCE TO PARAGRAPH 8**

** The two Site Visit dates provided are pre-scheduled and the Contractor MUST contact the Site Visit POC to advise which date you will be attending prior to site visit. You must choose one of the pre-scheduled dates & times. **

8. QUESTIONS AND ANSWERS

Questions regarding this solicitation shall be submitted in writing to the contracting officer, Theresa Eckstein, theresa.m.eckstein.civ@army.mil and contract specialist, Timothy McCleary, timothy.j.

mccleary.civ@army.mil by Monday . Phone calls will not be 24 August 2026 at 10:00 AM EDT accepted for questions. Questions must be submitted in writing. The contracting officer will review late questions on a case-by-case basis and determine whether a response is necessary to maintain the integrity of the acquisition and protect the Government's interests. Responses to questions will be provided by amendment or through the official solicitation posting.

9. AMENDMENTS

The Government may issue amendments to this solicitation. Quoters are responsible for monitoring the solicitation posting for amendments.

The quoter shall acknowledge all amendments issued before the submission deadline. Failure to acknowledge amendments may result in rejection if the contracting officer determines the failure is material.

10. COMMUNICATIONS AFTER RECEIPT

The Government intends to evaluate quotes and make award without further communication. The Government reserves the right to request information necessary to evaluate compliance, technical acceptability, price reasonableness, or responsibility.

The Government may request correction of apparent clerical errors, clarification of information already submitted, or information needed to complete the Government's evaluation. The Government may communicate with one or more quoters when the contracting officer determines the communication is in the Government's interest and does not prejudice the evaluation.

The Government may issue an amendment and request revised quotes when the contracting officer determines revisions are necessary or in the Government's interest.

Nothing in this section requires the Government to request clarification, request revised submissions, or communicate with any quoter.

10. BONDS, PAYMENT PROTECTION, AND BID GUARANTEE

Bond, payment protection, and bid guarantee requirements are based on the quoted price. The quoter shall review the requirements below before submitting its quote.

a. Quoted price at or below $35,000. Payment protection is not required for a construction purchase order at or below $35,000.

b. Quoted price greater than $35,000 but not greater than $150,000. Payment protection is required in accordance with RFO FAR 28.102-1(b). Acceptable payment protection may include a payment bond, irrevocable letter of credit, or other payment protection authorized by the solicitation and accepted by the contracting officer.

c. Quoted price greater than $150,000. Performance and payment bonds are required in accordance with RFO FAR 28.102-1(a) and 52.228-15, Performance and Payment Bonds, Construction. The performance bond and payment bond amounts shall each equal 100 percent of the original award price unless otherwise stated by the contracting officer.

d. Bid guarantee. If the quoted price exceeds $150,000 and performance and payment bonds are required, the quoter shall submit a bid guarantee with its quote. The bid guarantee amount shall be 20 percent of the quote price or $3 million, whichever is less, unless otherwise stated in the solicitation. Failure to submit a required bid guarantee in the proper form and amount by the submission deadline may result in rejection at the compliance review stage.

e. Bond submission after award. Required performance and payment bonds are due within 10 calendar days after award. Bonds shall be submitted by email with raised seals clearly shaded.

The contractor shall not begin work until required bonds are furnished and accepted by the contracting officer.

11. INSURANCE REQUIREMENTS

The apparent successful quoter shall provide proof of insurance at the time of award when requested by the contracting officer. Failure to provide proof of required insurance may result in the Government proceeding to the next eligible quoter or taking other action in the Government's interest.

The following insurance requirements apply unless otherwise stated in the solicitation: Workers' compensation: As required by state law

Employer's liability insurance: $100,000 per accident

General liability insurance, bodily injury liability: $500,000 per occurrence Automobile liability insurance: $200,000 per person

Automobile liability insurance, bodily injury: $500,000 per occurrence Automobile liability insurance, property damage: $20,000 per occurrence

12. COMPLIANCE REVIEW

Before technical and price evaluation, the Government will conduct a compliance review. A quote may be rejected if the contracting officer determines it contains a material compliance issue.

The following may result in rejection: Late submission Failure to submit Attachment 0004, Construction Form Failure to submit in Microsoft Excel format

Broken, locked, deleted, altered, or nonfunctional formulas Missing line item pricing

Missing labor, material, equipment, overhead, profit, bonding, or general and administrative pricing

Failure to properly complete or sign the Standard Form 1449 Failure to acknowledge amendments, if applicable

Inactive or incomplete System for Award Management registration at quote submission Any other omission, inconsistency, or error the contracting officer determines material

The contracting officer will determine the materiality of any compliance issue.

13. EVALUATION PROCESS

Only quotes deemed compliant will proceed to technical acceptability and price evaluation.

Technical acceptability and price reasonableness will be evaluated separately.

ACC LOCAL CLAUSES HQ LEVEL PROTEST

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an

Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840

Email: usarmy.redstone.usamc.mbx.protests@army.mil

The AMC-level protest procedures are found at: Web Address: https://www.amc.army.mil

/Contact-Us/AMC-Protest-Program/

LEVEL 1 ANTI TERRORIST AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR

EMPLOYEES (OCT 2010)

1. All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542(b)(2), should be certified in Level 1 Anti Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil /at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract.

2. The term Federally-controlled facility is defined as:

Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;

Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only;

Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and

Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.

3. The term "Federally-controlled information system" means an information system (44 U.S.C.

3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

4. The term "contractor employee" includes employees, agents, students or representatives and all employees, agents or representatives of all subcontractors and suppliers

REQUIRED INSURANCE

In accordance with FAR 28.307-2, the Contractor is required to provide and maintain the kinds and minimum amounts of insurance stated below:

Type of Insurance Minimum Limits

Workers Compensation and Employers Liability As required by State Laws; $100,000.00 per accident

General Liability Insurance Bodily Injury Liability - $500,000.00 per occurrence

Auto Liability Insurance (not required for Custodial Services) $200,000.00 per person

Bodily Injury $500,000.00 per occurrence

Property Damage $20,000.00 per occurrence

The Certificate of Insurance (COI) submitted shall include the Prime Contractor in the Insured block.

Additionally, the COI shall state the specific contract number in the Description of Operation block and include the statement below:

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective - (1) For such a period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the Insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

The COI shall be updated and sent to the Contracting Officer and Specialist on an annual basis.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

CONTRACT ADMINISTRATION CONTRACT ADMINISTRATORS:

Army Contracting Command - Rock Island at Fort Dix

Timothy McCleary, Contract Specialist timothy.j.mccleary.civ@army.mil

Theresa M. Eckstein, Contracting Officer theresa.m.eckstein.civ@army.mil

CUSTOMER:

United States Army 99TH Readiness Division

RFOS Scott Kawski scott.w.kawski.civ@army.mil

PERFORMANCE LOCATION:

Scranton AFRC

3401 Olyphant Ave

Scranton, PA 18509

PERIOD OF PERFORMANCE:

180 Calendar Days from the Notice to Proceed

*** END OF NARRATIVE ***

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 CSS 99147 (PA162) The installation of a mini-split HVAC system in the Training Center (AFRC) computer room #122, Repair corridor walls in the Heated Storage Building (HSB), and Install fence and gates around the Military Equipment Park (MEP).

Product Service Code: Z1AA

North American Industry Classification System (NAICS):

236220

Pricing Arrangement: Firm Fixed Price

1 Each

0002 CSS 99147 - Payments and Bonding In accordance with FAR 52.228-15, Performance and Payment Bonds -- Constructions, Bonding will be reimbursed upon proof of payment received. Bonds will be reimbursed at actual cost to contractor upon proof of payment, not to exceed amount of line item.

Product Service Code: Z1AA

North American Industry Classification System (NAICS):

236220

1 Each

Pricing Arrangement: Firm Fixed Price

Section 00 21 00 - Instructions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.237-1 Site Visit. 1984-04

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective

Date

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/far-overhaul________[Insert one or more Internet addresses]

(End of provision)

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.223-1 Biobased Product Certification.

(Deviation 2026-O0038)

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

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

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

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

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-

2023-06

Representation.

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-2 Certificate of Independent Price Determination.

1985-04

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)

(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2026) (Deviation 2026-O0038)

(a) The Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment

2021-05 or Services-Representation.

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

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

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

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

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

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

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

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

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

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

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

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

252.225-7000 Buy American--Balance of Payments Program Certificate.

2024-02

BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (FEB 2024)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "critical component," "critical item," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program-Basic clause of this solicitation.

(b) Evaluation. The Government-

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the Offeror certifies that-

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(2) The Offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Line Item Number Country of Origin (If known) Exceeds 55%

Domestic Content (yes/no)

(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number ____

[List as necessary]

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2026-02 Alternate I 2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

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

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2026-02 Alternate I 2026-02

Alternate I (Feb 2026) (Deviation 2026-O0038). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

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

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate:

____[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. ____[Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: ____[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]

(2) Indirect costs (material handling, subcontract administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:____[Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided.

(If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) Total cost. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price.