Solicitation - W9127N26BA029.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

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

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On:

17 Jul 2026, 18:15 PM Central Daylight Time

Section A - Solicitation/Contract Form

FY27 Yaquina Shipyard OverhaulInstrument Name:

Product Service Code : J999

W9127N26BA029

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

NOTICE TO BIDDERS

NOTE: For CLIN 0001, please use "Attachment A_Price Schedule" to price Categories A and B Work Items. Offeror's prices for tasks shall represent the best price in response to the IFB.

Total Category A: ______________________________________

Total Category B: ______________________________________

Over and Above Work: ________________________________

Location Adjustment: _________________________________

Total Evaluated Price: _________________________________

For evaluation purposes, the Government will calculate the overall evaluated price of bids by adding the total bid price for the Category A items, the total bid price for the Category B items, the total bid price for Over and Above Work, and the Location Adjustment described in Section M below.

Instructions for Submitting Bids:

ELECTRONIC BID SUBMITTAL REQUIREMENTS

In an effort to reduce paperwork and costs, all bids shall be submitted electronically. All submission documents shall be in Adobe PDF format with exception to the Government provided excel file of Attachment A_Price Schedule. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file in the following format:

W9127N26BA029_Company Name_Bid Package

Submit the bid electronically via email to Jaren.L.Bowman@usace.army.mil.

Technical Matters:

Submit technical inquiries and questions related to this IFB via Bidder Inquiry in ProjNet at https://www.projnet.org at least 10 calendar days prior to the date established in the IFB for receipt of bids. The Government reserves the right to decline addressing questions received less than 10 calendar days prior to receipt of bids.

If an Offeror believes that the requirements in this IFB contain an error(s), omission(s), or are otherwise unsound, immediately notify the Contract Specialist via email with supporting rationale.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key and follow the instructions listed below for access. A prospective Bidder who submits a comment or question will receive an acknowledgement via email, followed by an answer after processing through our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on SAM.gov in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are finalized.

W9127N26BA029

Dredge Yaquina FY27 Overhaul

Key: PJDJPK-SDU76P

Specific Instructions for Initial ProjNet Bid Inquiry Access:

1. From the ProjNet homepage, click on the Quick Add on the upper right side of the screen.

2. Identify the Agency as USACE.

3. Key: Enter the Bidder Inquiry Key listed above.

4. Email: Enter the email address you would like to use for communication.

5. Click continue; A page will then open stating that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Remember the information provided for the Secret Q&A will used for accessing the ProjNet system from this point forward.

7. Click Add User: Once this is completed, you will be registered within ProjNet and logged into the system.

Specific instructions for Future ProjNet Bid Inquiry Access:

Steps 1 through 3 above are the same.

4. Email: Enter the email address you used to register previously in ProjNet.

5. Click Continue; A page will then open asking for the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed, you are logged into the system.

*** END OF NARRATIVE ***

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 FY27 Yaquina Shipyard Overhaul in accordance with Performance Work Statement.

Product Service Code: J999

North American Industry Classification System (NAICS):

336611

Pricing Arrangement: Firm Fixed Price

1 Job

0002 In accordance with Performance Work Statement (PWS) Section 6.1, subparagraph .02, Early Completion Incentive (Delivery Incentive), applicable to work performed under CLIN 0001, payment of any delivery incentive is expressly conditioned upon the Contractor meeting the target delivery date for each applicable work item as specified therein.

Eligibility for the incentive is further contingent upon formal acceptance of the completed work by the Contracting Officer. This incentive is authorized pursuant to RFO FAR Clause 16.403-3.

Product Service Code: J999

1 Job

North American Industry Classification System (NAICS):

336611

Pricing Arrangement: Firm Fixed Price

Section C - Description/Specifications/Statement of Work

FY27 Yaquina Shipyard Overhaul

*** END OF NARRATIVE ***

Requirements FY27 Yaquina Shipyard Overhaul

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: In accordance with Performance Work Statement (PWS).

DoDAAC: 960426 CountryCode: USA

USACE PORTLAND DISTRICT

LOGISTICS WAREHOUSE, 8010 NW SAINT HELENS RD

PORTLAND, OR 97201-3699

UNITED STATES

Sam Repman

0002 Inspection and Acceptance Location

Both Destination Instructions: In accordance with Performance Work Statement (PWS).

DoDAAC: 960426 CountryCode: USA

USACE PORTLAND DISTRICT

LOGISTICS WAREHOUSE, 8010 NW SAINT HELENS RD

PORTLAND, OR 97201-3699

UNITED STATES

Sam Repman

Section F - Deliveries or Performance

PROTECTION OF WORK MATERIALS

At the beginning of the contract period, a jointly conducted condition survey shall be made of the entire vessel, including all machinery, piping, decks, bulkheads, overheads, hopper areas, electrical wiring and fixtures, and the condition of all equipment and areas recorded in a written report submitted to the government's representative. At the conclusion of the repair work and prior to dock trials, the joint condition survey will be conducted again and any damages or disturbed conditions noted on the vessel but not recorded on the initial survey will be repaired by the Contractor at its expense.

Prior to commencement of any work, all interior decks and bulkheads must be sufficiently covered, except in the staterooms, heads and galley. The deck and bulkhead coverings must be sturdy, flame-retardant material (not paper) and replaced or reinstalled whenever disturbed. The bulkhead coverings must extend a minimum of 6 feet above the deck. The coverings will be removed during dock trials and the decks and bulkheads cleaned of all dirt and grease.

Openings for all hatches removed shall be covered during non-working periods and during inclement weather. Temporary covers shall be constructed of plywood, marked "HOLE" and be strong enough to support 200 pounds without deflecting. Adequate measures shall be taken to insure a weathertight ship during inclement weather. Hatches which have been removed shall be hose tested at completion of repair period and proven watertight.

Shipyard personnel shall not use the vessel's lighting system for extension lights or portable tools.

Vapor tight globes and guards on ship's lighting system shall not be removed. If additional lighting or power for tools is required, the Contractor shall provide necessary extension cords and receptacles.

At all times when the vessel is in the custody of the Contractor and the temperature is below 35 degrees F, the Contractor shall keep all pipelines, fixtures, traps, tanks, dredge pumps, all auxiliary pumps and other receptacles on the vessel from freezing and causing damage. This shall be done by either draining or heating the area. The Contractor shall keep working areas clean, wash, paint, and repaint as necessary to keep areas "as found" or better during the contract period. Work areas shall be cleaned prior to commencement of work so that work under these specifications can be safely accomplished.

VESSEL DELIVERY

The Government shall deliver the vessel to the entrance channel sea buoy closest to the Contractor's shipyard, or if no delivery is needed will coordinate for movement of the ship via alternate methods. For the purpose of computing the Contract time, the closest hour that the vessel is placed in control of the Contractor shall be considered as time of commencement.

VESSEL RETURN

Contractor shall coordinate and complete the various items of work in sufficient time to allow for aligning and starting up the support systems needed for dock trials. The contract time shall include sufficient time for the vessel to take on fuel oil and lube oil prior to dock trials. No hot work will be allowed while oil is being transferred. After all repairs are completed and trials are successfully completed, the Government shall accept return of the vessel at the sea buoy where the vessel was delivered to the contractor or if no delivery is needed, the contractor will coordinate for transportation movement back to Government possession.

From 01 Dec 2026 to 22 Feb 2027

*** END OF NARRATIVE ***

0001 Delivery Schedule Delivery Period From 01 Dec 2026 to 22 Feb 2027

1 JobQuantity

Address and POC Ship To DoDAAC: 960426 CountryCode: USA

USACE PORTLAND DISTRICT

LOGISTICS WAREHOUSE, 8010 NW SAINT HELENS RD PORTLAND, OR 97201-

3699 UNITED STATES

Sam Repman

Period of Performance From 01 Dec 2026 To 22 Feb 2027

0002 Delivery Schedule

Delivery Period From 01 Dec 2026 to 22 Feb 2027

1 JobQuantity

Address and POC Ship To DoDAAC: 960426 CountryCode: USA

USACE PORTLAND DISTRICT

LOGISTICS WAREHOUSE, 8010 NW SAINT HELENS RD PORTLAND, OR 97201-

3699 UNITED STATES

Sam Repman

Period of Performance From 01 Dec 2026 To 22 Feb 2027

1.

Section G - Contract Administration Data

GENERAL ADMINISTRATION

Points of contact:

a. Contracting Office:

USACE PORTLAND DISTRICT

ATTN: Ian Lutjens

333 SW 1st Ave

PORTLAND OR 97204-3440

Email: Ian.K.Lutjens@usace.army.mil

Phone: (503) 744-1115

b. Contracting Officer Representative: TBD at time of award.

2. Invoice submission:

a. Send an Original To:

U.S. Army Corps of Engineers Finance Center

ATTN: CEFC-AO-P

5722 Integrity Drive

Millington, TN 38054-5005

b. Send Copies To:

U.S. Army Corps of Engineers Portland District

U.S. Government Moorings

ATTN: CENWP-OD-NPT, Kathlyn Cantu

8010 NW St. Helens Road

Portland, OR 97210

Copies of invoices shall be submitted by email to:

Sam Repman - Samuel.j.repman@usace.army.mil; and

Ian Lutjens - Ian.K.Lutjens@usace.army.mil

*** END OF NARRATIVE ***

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

252.217-7007 Payments. 1991-12

252.217-7008 Bonds. 1991-12

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

2018-12

Section H - Special Contract Requirements

RETAINER FOR WARRANTY

Pursuant to DFARS 252.217-7007(e), the Government will retain 5% of the total value of the job order as a performance reserve until either the expiration of any warranty period or the acceptance by the Government of any defects corrected under warranty, whichever is later.

SPECIAL CONTRACT REQUIREMENTS

RFO provision 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation and RFO clause 52.229-12 Tax on Certain Foreign Procurements.

RFO provision 52.229-11 and RFO clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons - such as foreign contractors. It implements the Department of the Treasury's final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the RFO 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.

5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.

S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.

gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W9127N26BA029

Line 7 "Name and address of the acquiring agency": Portland District, 333 SW 1st Avenue, STE 10, Portland, OR, 97204

W9127N26BA029

https://www.irs.gov/W14.

https://www.irs.gov/W14.

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor's responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

RFO 29.204 expressly states that "Agencies merely withhold the tax for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, such as the imposition of, or exemption from the tax, are matters under IRS jurisdiction. For questions about interpreting IRS regulations, refer to https://www.irs.gov/help/tax-law-questions We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed RFO Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

*** END OF NARRATIVE ***

W9127N26BA029

https://www.irs.gov/help/tax-law-questions

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees.

2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-13 Contractor Code of Business Ethics and Conduct.

2021-11

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

2017-01

52.204-10 Reporting Executive Compensation and First-Tier

2026-02

Subcontract Awards. (Deviation 2026-O0038)

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

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

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

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.210-1 Market Research. (Deviation 2026-O0038)

2026-02

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding.

2020-06

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications- Sealed Bidding. (Deviation 2026- O0038)

2026-02

52.214-29 Order of Precedence-Sealed Bidding.

1986-01

52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)

2026-02

52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038)

2026-02

52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate I)

2026-02 Alternate I 2026-02

52.219-16 Liquidated Damages- Subcontracting Plan. (Deviation 2026-O0038)

2026-02

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

2026-02

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation. (Deviation 2026- O0038)

2026-02

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor

2026-02

Relations Act. (Deviation 2026- O0038)

52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.

(Deviation 2026-O0038)

2026-02

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

2026-02

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026- O0038)

2026-02

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

2026-02

(Deviation 2026-O0038)

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.226-7 Drug-Free Workplace. 2024-05

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

2024-05

52.227-1 Authorization and Consent. 2020-06

52.227-3 Patent Indemnity. 1984-04

52.229-3 Federal, State, and Local Taxes. 2013-02

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2021-02

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-25 Prompt Payment. 2017-01

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

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. (Deviation 2026- O0038)

2026-02

52.233-1 Disputes. (Deviation 2026- O0038) (Alternate I)

2026-02 Alternate I 2026-02

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.236-13 Accident Prevention. (Alternate I) 2026-02 Alternate I 1991-11

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

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

2026-02

52.242-5 Payments to Small Business Subcontractors.

2017-01

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038) (Alternate II)

2026-02 Alternate

II

2026-02

52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial

2026-04

Services. (Deviation 2026-O0038)

52.245-1 Government Property. 2021-09

52.245-9 Use and Charges. 2012-04

52.246-25 Limitation of Liability-Services. 1997-02

52.246-26 Reporting Nonconforming Items. 2024-08

52.249-2 Termination for Convenience of the Government (Fixed-Price).

2012-04

52.249-8 Default (Fixed-Price Supply and Service).

1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General.

2019-08

252.203-7004 Display of Hotline Posters. 2023-01

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

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

2024-05

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

2023-01

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

2023-01

252.204-7022 Expediting Contract Closeout. 2021-05

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.217-7003 Changes. 1991-12

252.217-7004 Job Orders and Compensation. 2006-05

252.217-7005 Inspection and Manner of Doing Work.

2009-07

252.217-7006 Title. 1991-12

252.217-7009 Default. 1991-12

252.217-7010 Performance. 2009-07

252.217-7011 Access to Vessel. 1991-12

252.217-7012 Liability and Insurance. 2003-08

252.217-7013 Guarantees. 1991-12

252.217-7014 Discharge of Liens. 1991-12

252.217-7015 Safety and Health. 1991-12

252.217-7016 Plant Protection. 1991-12

252.217-7028 Over and Above Work. 1991-12

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7021 Trade Agreements. 2024-02

252.225-7048 Export-Controlled Items. 2013-06

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7058 Postaward Disclosure of Employment of Individuals Who

2023-01

Work in the People's Republic of China.

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.226-7003 Drug-Free Work Force. 2024-08

252.227-7989 Rights in Technical Data, Computer Software, and Computer Software Documentation--Other Than Commercial Products and Commercial Services.

ALTERNATE II (DEVIATION

2026-O0036)

2026-02 Alternate

II

Deviation 2026- O0036

2026-02 2026-02

252.227-7990 Technical Data--Commercial Products and Commercial Services. (DEVIATION 2026- O0036)

2026-02 Deviation 2026- O0036

2026-02

252.227-7991 Rights in Bid or Proposal Information. (DEVIATION 2026- O0036)

2026-02 Deviation 2026- O0036

2026-02

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7998 Contractor Purchasing System Administration. (DEVIATION 2026-O0015)

2026-02 Deviation 2026- O0015

2026-02

252.244-7999 Subcontracts for Commercial Products or Commercial Services. (DEVIATION 2026- O0015)

2026-02 Deviation 2026- O0015

2026-01

252.245-7003 Contractor Property Management System Administration

2025-01

252.245-7005 Management and Reporting of Government Property.

2024-01

252.246-7003 Notification of Potential Safety Issues.

2023-01

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

2023-01

252.246-7008 Sources of Electronic Parts. 2023-01

252.246-7998 Warranty of Data. (DEVIATION 2026-O0035)

2026-02 Deviation 2026- O0035

2026-02

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective Date

52.214-26 Audit and Records-Sealed Bidding. (Deviation 2026-O0038)

2026-02

Audit and Records-Sealed Bidding (Feb 2026) (Deviation 2026-O0038)

(a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to-

(1) The proposal for the modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or an authorized representative, shall have the same rights as specified in paragraph (b) of this clause and also the right to interview any current employee regarding such transactions.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in paragraph (b) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e) Subcontracts. The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1) on the date of subcontract award.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation.

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

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

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

Small business concern-

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

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

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

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

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

(3) For long-term contracts-

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

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

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

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

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

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

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

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

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under 336611NAICS Code assigned to ____contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The

Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [____Contractor to sign and date and insert authorized signer's name and title.]

52.219-28 Postaward Small Business Program Rerepresentation.

(Deviation 2026-O0038) (Alternate I)

2026-02 Alternate I 2026-02

Alternate I . As prescribed in , substitute (Feb 2026) (Deviation 2026-O0038) 19.101(a)(2)(iii)(B) the following paragraph (g)(1) for paragraph (g)(1) of the basic clause:

(g)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no)

336611 ____

52.222-35 Equal Opportunity for Veterans.

Equal Opportunity for Veterans (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity requirements. The Contractor must abide by the requirements of 38 U.S.

C. 4212(a)(1) and (2). These requirements prohibit discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor must insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1302-1(a)(2) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-42 Statement of Equivalent Rates 2014-05 for Federal Hires.

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees 29 CFR Part 4 expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.

5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class General and Wage Grade Schedule Monetary

Wage Fringe Benefits

Program Manager

GS 13

$47.12 $22.05

Project Manager GS 12 $39.62 $18.54

Machinist WG 11 $29.41 $13.76

Metal Fabricator WG 10 $27.88 $13.05

Welder WG 10 $27.88 $13.05

Pipefitter WG 10 $27.88 $13.05

Painter WG 9 $26.41 $12.36

Electrician WG 10 $27.88 $13.05

General Laborer WG 3 $17.26 $8.08

(End of clause)

52.222-49 Service Contract Labor Standards-Place of Performance Unknown. (Deviation 2026- O0038)

2026-02

Service Contract Labor Standards-Place of Performance Unknown (Feb 2026) (Deviation 2026- O0038)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: Multnomah County, OR; Snohomish County, WA; and

. The Contracting Officer will request wage determinations for additional Kanai Peninsula, AK places or areas of performance if asked to do so in writing by .10 days prior to RFP Expiration

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals.

However, a wage determination must be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)

52.223-3 Hazardous Material Identification and Safety Data. (Deviation 2026-

Hazardous Material Identification and Safety Data (Feb 2026) (Deviation 2026-O0038)

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

This information shall also be included on the Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.223-11 Ozone-Depleting Substances.

Ozone-Depleting Substances (Feb 2026) (Deviation 2026-O0038)

(a) Definition. As used in this clause-

Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) Requirement. In accordance with 40 CFR 82.84(a)(5), the Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning: Contains (or manufactured with, if applicable) *____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

52.248-1 Value Engineering. (Deviation 2026-O0038)

Value Engineering (Feb 2026) (Deviation 2026-O0038)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) of this clause.

(b) Definitions.

Acquisition savings, as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-

(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs;

(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and

(3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.

Collateral costs means agency costs of operation, maintenance, logistic support, or Government-furnished property.

Collateral savings, as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.

Contracting office includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action.

Contractor's development and implementation costs, as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP.

Future unit cost reduction, as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either-

(1) Throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated; or

(2) To the calculation of a lump-sum payment, which cannot later be revised.

Government costs, as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings.

Instant contract, as used in this clause, means this contract, under which the VECP is submitted.