Solicitation - W911KB26QA001.pdf

Contracting Office Address:

United States Army Corps of Engineers - Alaska District (USACE-POA)

2204 3rd Street, JBER, AK 99506-1898

Combined Synopsis/Solicitation for Chena Mechanic Equipment Services Solicitation Number: W911KB26QA001

Issue Date: October 29, 2025 Response Due Date: November 06, 2025, 10:00 AM Alaska Standard Time

DESCRIPTION: This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This solicitation is issued as a Request for Quotation (RFQ) under the authority of FAR Part 13, Simplified Acquisition Procedures, specifically FAR 13.105(b), which allows for the use of simplified procedures for commercial items, and FAR Part 12, Acquisition of Commercial Items. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued.

The requirement is for annual/regular servicing, occasional repairs and troubleshooting for the Chena River Lakes Flood Control Project Office equipment’s. The equipment’s are located at the Project Office, 3800 Laurance Road, North Pole, Alaska. The North American Industry Classification System (NAICS) code for this acquisition is 811310. This acquisition is solicited as a 100% Small Business Set-Aside under FAR 19.502-2.

Please submit your quotes to the Contract Specialist SFC Travis Tofi at travis.tofi@usace.army.mil

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Solicitation/Contract Form Continuation

Chena Equipment Mechanic Services

W911KB26QA001

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

BASE Year - EQUIPMENT MECHANIC

SERVICES AT CHENA RIVER LAKES

PROJECT, NORTH POLE, ALASKA

Product Service Code: J038 Claimant Program Code: S1 Pricing Arrangement: Time and Materials

1 Job

Option Line Item

OPTION YEAR 1 - EQUIPMENT MECHANIC

SERVICES AT CHENA RIVER LAKES

PROJECT, NORTH POLE, ALASKA

Product Service Code: J038 Claimant Program Code: S1 Pricing Arrangement: Time and Materials

1 Job

Option Line Item

OPTION YEAR 2 - EQUIPMENT MECHANIC

SERVICES AT CHENA RIVER LAKES

PROJECT, NORTH POLE, ALASKA

Product Service Code: J038 Claimant Program Code: S1 Pricing Arrangement: Time and Materials

1 Job

Continuation of Description

Requirements The Chena River Lakes Flood Control Project Office owns equipment that requires annual/regular servicing, occasional repairs and troubleshooting.

Continuation of Deliveries or Performance

From 03 Nov 2025 to 02 Nov 2026

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 10 Nov 2025 To 09 Nov 2026

1 Job Service Performance Site DoDAAC: W911KB CountryCode: USA

W2SN ENDIST ALASKA

CONTRACTING OFFICE KO, 2204 3RD STREET

ANCHORAGE, AK 99506-0898

UNITED STATES

Option Line Item

Period of Performance From 10 Nov 2026 To 09 Nov 2027

1 Job Service Performance Site DoDAAC: W911KB CountryCode: USA

W2SN ENDIST ALASKA

CONTRACTING OFFICE KO, 2204 3RD STREET

ANCHORAGE, AK 99506-0898

UNITED STATES

Option Line Item

Period of Performance From 10 Nov 2027 To 09 Nov 2028

1 Job Service Performance Site DoDAAC: W911KB CountryCode: USA

W2SN ENDIST ALASKA

CONTRACTING OFFICE KO, 2204 3RD STREET

ANCHORAGE, AK 99506-0898

UNITED STATES

Scope of Work

14 Oct 2025

1. DESCRIPTION OF WORK:

The Chena River Lakes Flood Control Project Office owns equipment that requires annual/regular servicing, occasional repairs and troubleshooting. The equipment is located at the Project Office, 3800 Laurance Road, North Pole, Alaska, approximately 18 miles east of Fairbanks, Alaska. The contractor shall provide all supervision, personnel, equipment, tools, materials, transportation, and other items necessary to perform equipment mechanic services at the Chena River Lakes Flood Control Project.

Project equipment to be maintained/repaired includes but is not limited to:

1. Air Compressor, Ingersoll-Rand

2. Backhoe, CAT 416E

3. Crane, P&H 790-TC

4. Crane, Liebherr 8130HD

5. Excavator, CAT 349F

6. Dozer, CAT D 4K LGP

7. Grader, CAT 140

8. Terex compact track loader with 8 attachments

9. Loader, John Deere 544 with various attachments 10.Loader CAT 938

11. Tractor, John Deere 4165M with Boom Mower attachment

12. Snow Machines, two (2)

13. Side by Side/UTVs three (3)

14. Four Wheelers, Honda and Yamaha, four

15. Towmaster 16 Ton Trailer

16. Trailer, TWAMCO 25 Ton

17. Trailer, Lawnmower

18. Trailer, Snowmobile

19. Truck, Dodge flatbed

20. Truck, M-series Chevy diesel pick-up

21. Dump Truck, Kenworth

22. Ranger Boat, Engine, & Trailer

23. Work Boat, Engine, & Trailer

24. Baldor Emergency Generator, 25KW

25. Bat Wing Mower, Schulte

26. Generator, trailer mounted

28. Hagglund SUSVs, two (2)

29. Disk Plow.

30. JCB, 3TS track loader.

31. Trailer Mounted Heater, ES500B.

2. PERSONNEL QUALIFICATIONS:

Minimum mechanic qualifications are listed below. Certificates substantiating these qualifications shall be provided at the Pre-Work meeting:

A. Mechanic Qualification for Heavy Engineering Equipment: Contractors tasked with conducting scheduled maintenance, diagnostics, and repairs on heavy engineering equipment must meet industry-standard qualifications to ensure the safe and efficient operation of these complex machines. This includes certification through recognized industry bodies such as the National Institute for Automotive Service Excellence (ASE), or equivalent certifications in mechanical engineering and equipment maintenance. Technicians should have a minimum of 2-years experience in maintaining, diagnosing, and repairing heavy equipment, including but not limited to cranes, excavators, bulldozers, and other large-scale machinery. In addition, contractors must demonstrate proficiency in the use of diagnostic tools, adherence to manufacturer service manuals, and proper understanding of mechanical and hydraulic systems. All repairs must be performed in accordance with safety standards and equipment specifications, ensuring compliance with regulatory requirements and operational efficiency.

B. Qualification for Smaller Equipment (Snowmobiles, Machines, and UTVs): For maintenance, diagnostics, and repair of smaller equipment, such as snowmobiles, utility terrain vehicles (UTVs), and smaller machinery, contractors must hold specific certifications related to the maintenance of off-road and recreational vehicles. Required qualifications include certifications from recognized manufacturers or industry bodies like the Motorcycle Safety Foundation (MSF) or equivalent, as well as specialized training in engine diagnostics, suspension systems, and electrical systems relevant to these vehicles. Technicians must also possess at least 2-yearspractical experience working with snowmobiles, UTVs, and similar small engines as listed above, with proficiency in both mechanical and electrical troubleshooting, repair, and service.

Adherence to manufacturer-specific guidelines and safety practices is essential to ensure high-quality service and longevity of the equipment.

C. Crane Mechanic and Operator Qualification: Contractors assigned to maintain, diagnose, and repair cranes must possess specialized qualifications and experience to ensure safe and effective operations. The crane mechanic must hold relevant certifications, such as those issued by the National Commission for the Certification of Crane Operators (NCCCO) or equivalent, demonstrating proficiency in crane systems, diagnostics, and repair. In addition, technicians should have a minimum 2-yearsin crane maintenance, including hydraulic, electrical, and mechanical systems. The Government prefers a qualified mechanic with crane operator certification as defined by the Engineering Manual 385-1-1 Sections 16.B.02 and 16.B.03. If the crane mechanic does not have this level of certification, a certified crane operator would be provided by the government to start and run the crane through any functions as needed.

The operator should possess a valid crane operator certification, such as the NCCCO certification, with experience in operating various types of cranes, including mobile, tower, and crawler cranes.

The mechanic/operator must adhere to all operational safety guidelines and manufacturer specifications to ensure the crane's functionality and safety while in use. All maintenance and operational procedures must comply with industry safety standards to prevent accidents and ensure optimal performance.

Qualified equipment and crane mechanics must be Alaska residents.

3. SAFETY AND HEALTH REQUIREMENTS:

Contractors must adhere to all safety and health requirements as outlined in the Engineering Manual, specifically Section 18.A.03 of 385-1-1, as well as Sections 16.B.02 and 16.B.03. These standards are detailed in the EM 385-1-1 guidelines and must be followed rigorously to ensure the protection of all personnel involved in the maintenance and repair activities. The contractor shall ensure that all workers are equipped with the appropriate personal protective equipment (PPE), are trained in hazard recognition, and understand emergency response protocols. Additionally, all work should be conducted in a manner that mitigates risks related to mechanical failures, chemical exposures, and physical hazards. Contractors are required to maintain a safe working environment by implementing proper signage, securing machinery, and performing regular safety checks. Compliance with these guidelines is critical to safeguarding both the workforce and the operational integrity of the equipment being serviced. A copy of the EM for safety and health requirements can be downloaded at extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.publications.usace.army.mil/Portals/76/Publi cations/EngineerManuals/EM_385-1-1.pdf

4. PRE-WORK MEETING:

The Contractor shall meet with the Chena Project Manager at the start of the contract period to discuss contract requirements and compound/building access. Keys may be checked out from the Project Office at this time. Certifications for the crane mechanic and journeyman mechanic shall be provided at this meeting.

5. WORK RECORDS & QUOTES:

Once the need for services has been identified, the Contracting Officer’s Representative or his/her representative, will contact the Contractor with the requirement. The Contractor shall provide an estimate, by email, of the task with itemized work description and corresponding labor and material costs for all work requested. Once the estimate has been received and reviewed, a notice to proceed will be given to the Contractor.

If while performing repairs or maintenance, the Contractor encounters an unforeseen circumstance that could cause costs to exceed the estimate, it is the Contractor’s responsibility to alert the Contracting Officer’s Representative or his/her representative of any and all overruns.

6. ANNUAL/REGULAR MAINTENANCE:

Annual/regular equipment maintenance consists of tasks including, but not be limited to, oil changes, DOT inspections, adding oils and coolants, cleaning cooling systems, cleaning parts, replacing filters, lubricating, checking batteries, hoses, tires, brakes and clutches.

Additional crane maintenance may include draining and checking air tanks, inspecting wire rope for damage, checking rollers and the boom, and checking valves and cylinders for leaks.

The preferred time period for annual maintenance of equipment is November 1-30 of each year; however, depending on usage, some equipment will require more frequent maintenance throughout the year.

7. REPAIRS/TROUBLESHOOTING:

Repairs generally consist of parts replacements. Repairs shall be completed in 10 days from the request by the Contracting Officer’s Representative. If additional time is needed, such as awaiting the arrival of parts, a new schedule shall be approved by the Contracting Officer’s Representative.

Troubleshooting consists of tracing and correcting faults in any mechanical or electrical system. This pertains to the need to provide a correct diagnosis to a problem that has not been previously identified.

While it is understood that the Contractor may not be able to accurately estimate the time and materials required to troubleshoot any given task, the Contractor should provide a “not to exceed” estimate and alert the Contracting Officer’s Representative if additional funds would be required to continue or complete the task.

All work performed by the Contractor shall be at the Chena Project Office unless another location is approved by the Contracting Officer’s Representative. Travel costs shall not include mechanic labor which will be paid separately at the contract hourly rate.

8. DEPARTMENT OF TRANSPORTATION (DOT) ANNUAL CERTIFICATION

The Contractor shall perform annual inspections of the following equipment for DOT certification:

Dump Truck, Kenworth Trailer, TWAMCO 25 Ton

Requirements for annual DOT certification can be found in the AKDOT Commercial Vehicle Compliance, Chapter 25 Operations, Wheeled Vehicles.

9. PAYMENT:

This is a time-and-materials contract with a not-to-exceed amount of $80,000 per year. Labor shall be tracked by the hour and piece of equipment and shall be billed at the burdened labor rates included in the contract. The Contractor shall submit labor tracking with each invoice. The Contractor is required to provide all tools and transportation needed to facilitate repairs. Parts and materials shall be billed separately.

The contractor must submit a quote for the proposed work, and no work shall begin without written approval from the COR. The COR’s approval will be obtained prior to starting any work, ensuring that the scope, costs, and terms are fully agreed upon before proceeding with any repair or diagnostic services.

Quoted items billed as materials include:

1. Direct materials, parts, tools, and supplies needed to facilitate repairs.

2. Supplies transferred between divisions.

3. Subcontractors for supplies and incidental services for which there is not a labor category specified in the contract,

4. Other direct costs such as incidental services for which there is not a labor category specified in the contract, travel, and transport of equipment off the Chena project.

5. Oils and lubricants

6. Equipment used for repairs.

Profit is not allowed on any of the items billed as materials. The Contractor shall submit a copy of paid receipts for all items billed as materials.

Each quote must contain a detailed description of the work to be performed with an itemized list of materials, parts and subcontractor costs. Quotes must also provide a schedule, including start and end dates for major features of work.

10. CONTRACT DURATION:

This contract is for one base year and two option years. The renewal of this contract for one or more option years shall be at the discretion of the Government, based upon performance and availability of funds. Execution of option years shall be binding on the Contractor only if the Government decides to exercise the option years. Option years shall be exercised at the unit prices proposed for the particular option year.

11. TECHNICAL POINT OF CONTACT:

The technical point of contact for the work under this contract is Jessica Prince at (907) 488-5408 or Jessica.A.Prince@usace.army.mil

PRICING SCHEDULE

The hours in the above price schedule are for PRICE EVALUATION PURPOSES ONLY however the proposed fixed hourly rates will become contractually binding upon award. THE PROPOSED FIXED

HOURLY RATES MUST INCLUDE LABOR WAGES AND ALL MARKUPS (OVERHEAD, GENERAL AND

ADMINISTRATIVE EXPENSES AND PROFIT) necessary for completion of equipment maintenance or repair tasks under this contract. No separate markups will be allowed on items billed as materials.

Award will be made to the technically acceptable offeror with the lowest total evaluated price as calculated per the above schedule.

ITEM ITEM

NAME

ITEM

DESCRIPTION

QTY UNIT FIXED

HOURLY

RATE

TOTAL

PRICE

Base Year

Journeyman

Mechanic Inspect and repair equipment 300 Hours

0002 Crane Mechanic Inspect and repair cranes 20 Hours

Option Year 1

Journeyman

Mechanic Inspect and repair equipment 300 Hours

0004 Crane Mechanic Inspect and repair cranes 20 Hours

Option Year 2

Journeyman

Mechanic Inspect and repair equipment 300 Hours

0006 Crane Mechanic Inspect and repair cranes 20 Hours

TOTAL ______

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

FAR Clauses Incorporated by Full Text

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

(Alternate I)

(Nov 2023) Alternate I (Nov 2021)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. 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 (a)(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 (a)(4) and (5) above, 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.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "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.

(ii) "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-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) "Materials" means-

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

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

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

(D) 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

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

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, 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.

(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) Other Costs. 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. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and 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 then 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 then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

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

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

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(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 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise.

The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

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

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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 that reasonably could have been avoided.

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

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

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Oct 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Oct 2025)

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

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

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

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

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

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

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

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

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

[ .]Contracting Officer check as appropriate

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

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

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

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

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

[Reserved].(6)

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

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

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

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

(11)

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

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

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

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

[Reserved].(14)

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

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

[Reserved](17)

(18)

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

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

(19)

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

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

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

(21)

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

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

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

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

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

(22)

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

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

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

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

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible(25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

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

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

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

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

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

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

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

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

52.222-21, Prohibition of Segregated Facilities .X(33) (Apr 2015)

(34)

(i) 52.222-26, Equal Opportunity (E.O. 11246).(Sep 2016)

Alternate I of 52.222-26.(ii) (Feb 1999)

(35)

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

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

(36)

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

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

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

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

(39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).( )Oct 2025

Alternate I of 52.222-50…