Solicitation - W9127N26QA112.pdf

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

Inspection and Repair of the Machine Shop Overhead Crane RailsInstrument Name:

Product Service Code : J049

W9127N26QA112

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Disassembly & Inspection - Disassemble and comprehensively inspect the crane rails, wheels, bearings, and pins. Determine which components are damaged and require manufacturing or replacement. Submit a Condition Found Report (CFR) outlining these required parts to ensure the equipment will be restored to its full operation.

Product Service Code: J049

North American Industry Classification System (NAICS):

333923

Pricing Arrangement: Firm Fixed Price

1 Job

0002 Repair & Assembly - Pending written approval and authorization from the Contracting Officer (KO) based on the CFR, proceed with the repairs. Reassemble the crane components, ensure new rails are properly shimmed, maintaining parallelism and elevation within overhead crane specifications from the south end of the Machine Shop to the north end of the Machine Shop, and properly secured.

1 Job

Conduct operational testing on the overhead crane to ensure the equipment is fully restored to ASME, and OSHA operational parameters.

Product Service Code: J049

North American Industry Classification System (NAICS):

333923

Pricing Arrangement: Firm Fixed Price

0003 Operational Testing & Restoration - Functional test the equipment.

Machine Shop Supervisor verifies work is completed and perform a weight test. Contractor shall provide an updated crane certificate to authorize full operation of 10 tons.

Machine Shop Supervisor or Government Representative ensures repairs resolve the tracking issue and performance meets PWS scope prior to final acceptance.

Product Service Code: J049

North American Industry Classification System (NAICS):

333923

Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Performance Work Statement

Inspection and Repair of the Machine Shop Overhead Crane Rails

Portland, OR

1. General: Provide all labor, material, and equipment necessary troubleshoot and repair 10-ton Detroit double girder bridge crane rails, hereinafter referred to as "the equipment".

1.1. Government Furnished Materials (GFM):

None.

1.2. Safety Precautions:

Follow all applicable state, local, and federal requirements including those specified in EM- 385-1-1 latest revision.

1.3. Submittals:

None.

1.4. Period of Performance:

Period of Performance (PoP) is 90 days starting from an award date.

1.5. Work Location:

The equipment is currently located in the Machine Shop Building.

Address: US Moorings, 8010 NW St. Helens Rd., Portland, OR 97210

2. Definitions:

Acceptable Quality Level (AQL): The performance standard that defines the maximum allowable margin of error or defect rate before performance is considered unsatisfactory. The Contractor must re-perform all unsatisfactory work unless excused by the Government Representative.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the Government Representative.

Performance Requirements Summary (PRS): Identifies critical success factors for the contract, including performance objectives and the threshold required for each objective.

Quality Assurance (QA): A method used by the Government to provide control over the quality of services received.

Quality Assurance Surveillance Plan (QASP): A systematic method used by the Government to evaluate the services the Contractor is required to furnish.

Quality Control (QC): A method implemented by the Contractor to control the quality of goods and services provided.

Condition Found Report (CFR): A document prepared by the Contractor used to transmit specific information concerning inspections, deficiencies, or to propose additional work requiring a Government response.

3. Specification and Tasks:

Background Issue: During recent operations, the bridge crane experienced severe tracking failure. Due to structural misalignment, unsecured rail mounts, and excessive wear on the crane rails and crane wheels, the bridge attempted to climb on top of the rails and dropped back down.

This near derailment occurred directly above the radial arm drill press on the northwest side of the Machine Shop. The equipment is currently highly unstable and poses an immediate threat to safety and machinery.

3.1. CLIN 0001: Disassembly & Inspection

Disassemble and comprehensively inspect the crane rails, wheels, bearings, and pins.

Determine which components are damaged and require manufacturing or replacement.

Submit a Condition Found Report (CFR) outlining these required parts to ensure the equipment will be restored to its full operation.

3.2. CLIN 0002: Repair & Assembly

Pending written approval and authorization from the Contracting Officer (KO) based on the CFR, proceed with the repairs. Reassemble the crane components, ensure new rails are properly shimmed, maintaining parallelism and elevation within overhead crane specifications from the south end of the Machine Shop to the north end of chine Shop, and properly secured. the Ma Conduct operational testing on the overhead crane to ensure the equipment is fully restored to ASME, and OSHA operational parameters.

3.3. CLIN 0003: Operational Testing & Restoration

Functional test the equipment. Machine Shop Supervisor verifies work is completed and perform a weight test provide an updated crane certificate to authorize full . Contractor shall operation of 10 tons. Machine Shop Supervisor or Government Representative ensures repairs resolve the tracking issue and performance meets PWS scope prior to final acceptance.

4. Inspection & Acceptance:

Machine Shop Supervisor shall be present during the service to ensure the service is conformed to the scope in this Performance Work Statement (PWS). Machine Shop Supervisor or a Government Representative shall be present during final testing to ensure service conforms to the scope defined in this PWS and that all repairs successfully resolve the identified issues prior to final acceptance.

5. Performance Requirement Summary (PRS)

5.1. General: The PRS determines if the Contractor meets the performance standards of the contract and provides guidelines for surveillance. Government contract quality assurance will be performed per the PRS surveillance schedule.

5.2. Performance Requirements Summary Table: Work shall be considered incomplete or unacceptable when any of the following conditions exist in accordance with the QASP.

5.3. Surveillance: Periodic inspection by the Machine Shop Supervisor or Government Representative will serve as the primary surveillance method. If the Machine Shop Supervisor or Government Representative discovers deficiencies, the Contractor will be alerted for immediate correction.

5.4. Quality Control: The Contractor is responsible for quality control. The Contractor shall develop and submit a Quality Control Plan (QCP) for Government approval within 14 calendar days after contract award. Non-conforming services shall be rejected.

5.5. Unacceptable Performance: When performance is determined unacceptable, the Machine Shop Supervisor or Government Representative will provide written documentation via Form DD 2772, Contract Discrepancy Report. If services do not conform to contract requirements, the Government may require the Contractor to re-perform the services at no increase in contract amount. If defects cannot be corrected by re-performance, the Government may:

5.5.1.1. Reduce the contract price to reflect the reduced value of the services.

5.5.1.2. Have the services performed by another party and charge the Contractor for incurred costs.

5.5.1.3. Issue a Cure Notice or Terminate the contract for Cause/Convenience.

5.6. Correction of Non-Performance: The Contractor shall employ adequate personnel to ensure any non-compliant area is made acceptable during the first business day after the noncompliance has been reported to and verified by the Government Representative.

Performance Objective

Performance Standard

Acceptable Quality Level

(AQL)

Surveillance Method

Disassembly, Inspection, &

CFR (PWS 3.1)

Thoroughly inspect bearings, pons, bushings, and rails on the overhead crane.

Accurately identify damaged parts and submit a complete Condition Found Report (CFR).

0% Deviation. 100% accurate identification of required repairs in the CFR prior to any repair work starting.

100% Review of CFR by Government (Government Representative /Machine Shop Supervisor).

Repair & Assembly (PWS 3.2)

Manufacture or replace components strictly per the KO-approved CFR and reassemble the overhead crane.

0 Instances of unauthorized work. 100% compliance with repairing only what is authorized in the CFR.

Periodic Visual Inspection by Machine Shop Supervisor during the repair phase.

Operational Testing & Restoration (PWS 3.3)

Crane operates smoothly during threading operations.

Equipment restored to full operational parameters.

100% Functionality. Zero

(0) binding, jamming, or mechanical failures during final operational testing.

100% Visual and Operational Functional Test observed by the Machine Shop Supervisor prior to final acceptance.

6. Security Requirement:

6.1. General Security: The security requirements apply to all prime and subcontractor personnel. Contract personnel are critical to the overall security and safety of USACE installations. All personnel shall complete DoD/Army security initial training within 30 days of contract award. Within five (5) business days of completion, the Contractor shall provide written documentation to the Government representative. Personnel and vehicles are subject to search when entering federal installations. Personnel shall comply with Force Protection Condition (FPCON) and Health Protection Condition (HPCON) measures.

6.2. Physical Security & Access Control: Contract personnel requiring unescorted access to a DoD installation shall be vetted by the Provost Marshal/Security Office using the NCIC-III and TSDB. Personnel who do not meet requirements for unescorted access shall coordinate escorted access with the Machine Shop Supervisor or Government Representative.

6.3. Escorting in Sensitive Areas: Personnel without appropriate security clearances will be escorted in areas where they may be exposed to sensitive information or restricted activities.

6.4. E-Verify Program: Contractors shall comply with FAR clause 52.222-54 Employment Eligibility Verification, using the E-Verify Program ( ) https://www.e-verify.gov/ to meet employment eligibility requirements. An initial list of verified candidates shall be provided to the Government Representative no later than three (3) business days after contract award.

7. Subcontracting Requirements:

W9127N26QA112

https://www.google.com/url?q=https%3A%2F%2Fwww.e-verify.gov%2F

The Contractor shall notify the Machine Shop Supervisor or the KO in writing of any work to be subcontracted. Compliance with the provisions of this contract by subcontractors remains the strict responsibility of the Prime Contractor.

8. Point of Contact:

Technical Lead: Brandon Scherschel

Email: Brandon.Scherschel@usace.army.mil

Tel: (503) 808-5422

9. Invoice Submittal:

Upon satisfactory completion and acceptance of delivery, please submit an electronic PDF invoice to:

USACE Finance Center (Millington): cefc-g2invoices@usace.army.mil

Invoice submittal emails shall CC:

Brandon.Scherschel@usace.army.mil

Trista.M.Stark@usace.army.mil; and

Ian.K.Lutjens@usace.army.mil

For invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

10. Contract Administration:

Contract will be administered by:

Department of the Army, Portland District, Corps of Engineers

P. O. Box 2946

Attn: CECT-NWP

Portland, Oregon 97208-2946

*** END OF NARRATIVE ***

Requirements Inspection and Repair of the Machine Shop Overhead Crane Rails

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

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

2026-02

52.204-91 Contractor Identification.

(Deviation 2026-O0038)

2026-02

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

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

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.219-33 Nonmanufacturer Rule.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers 2026-02 with Disabilities. (Deviation 2026- O0038)

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

2026-02

52.222-50 Combating Trafficking in Persons. (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

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

2024-05

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

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

2026-02

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

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

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

2024-05

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

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

2023-01

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

2023-06

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

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 Monetary Wage-Fringe Benefits

MACHINERY MAINTENANCE MECHANIC Wage Grade 10 - $33.95

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

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

2026-02

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

2026-02

52.233-1 Disputes. (Deviation 2026- O0038)

2026-02

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

2026-02

52.240-93 Basic Safeguarding of Covered Contractor Information Systems.

(Deviation 2026-O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

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

2023-01

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.252-2 Clauses Incorporated by Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

(End of clause)

52.252-6 Authorized Deviations in Clauses. 2020-11

W9127N26QA112

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR (a) Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any (48 (b) Defense Federal Acquisition Supplement CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after 2 the name of the regulation.

(End of clause)

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2026-02

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

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

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

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

2023-11

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

2023-03

252.225-7055 Representation Regarding 2022-05

Business Operations with the Maduro Regime.

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

2023-06

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

Offeror Representations and Certifications - Commercial Products and Commercial Services

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.204-90 Offeror Identification. (Deviation 2026-O0038)

Offeror Identification (Feb 2026) (Deviation 2026-O0038)

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

(b) Unique entity identifier (UEI).

(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.

(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d);

reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:

(1) Taxpayer identification number (TIN)

[ ] TIN: ____;

[ ] TIN has been applied for; or

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government; or

[ ] Offeror is an agency or instrumentality of the Federal Government.

(2) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4; or

[ ] Other.

(3) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or

[ ] Name and TIN of common parent:

Name: ____

TIN: ____

(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.

C. 7701(c)(3)).

(d) Commercial and Government Entity (CAGE) code.

(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word "CAGE" before the code. The Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then… Located in the United States or its outlying areas Submit a request to the DLA CAGE Branch via https://cage.dla.mil Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts) Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(2) The Offeror shall provide the CAGE code and legal business name (Do not use a "doing business as" name) for-

(i) Its immediate owner(s), if any;

(ii) Its highest-level owner, if any; and

(iii) Any predecessor(s), or predecessor of an Offeror's predecessor, that held a Federal contract or grant within the last three years.

Owner Type CAGE Code Legal Business Name Immediate owner ____ ____ Highest-level owner ____ ____ Predecessor* ____ ____

* Predecessor CAGE code may be marked "Unknown."

(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (Deviation 2026-

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

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

(Deviation 2026-O0038)

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

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

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

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

(b) The Offeror represents that-

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

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

52.219-1 Small Business Program Representations. (Deviation 2026-O0038)

2026-02

Small Business Program Representations (Feb 2026) (Deviation 2026-O0038)

(a) . As used in this provision-Definitions

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

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 (b) of this provision.

(2) , as used in this definition, means business concerns, one of whom directly or Affiliates 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.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is .333923

(2) The small business size standard is .1,250

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce ( , nonmanufacturer), is 500 employees, or 150 employees i.e.

for information technology value-added resellers under NAICS code 541519, if the acquisition-

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

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is 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.

(c) Representations.

(1) The offeror represents as part of its offer that-

(i) it is, is not a small business concern; or

(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and ____________ unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c) The offeror represents that it is, is not a women-owned small (1) of this provision.] disadvantage business concern.

(3) The Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

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

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

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

(5) . [SDVOSB joint venture eligible under the SDVOSB Program Complete only if the offeror is ]. The offeror represents as part of its offer that it is, is not a certified as a SDVOSB concern

SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror 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 ] The offeror represents, as part of its offer, that it is, is not a HUBZone small business concern.

a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

[ The offeror 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.

(d) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business Notice.

concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be-

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

(End of provision)

52.252-5 Authorized Deviations in Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) (a) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

W9127N26QA112

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

The use in this solicitation of any (b) Defense Federal Acquisition Supplement (48 CFR Chapter

2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

KO CONTRACTING DIVISION, 333 SW FIRST AVE

PORTLAND, OR 97204-3495

UNITED STATES

IAN LUTJENS, EMAIL: IAN.K.LUTJENS@USACE.ARMY.MIL TELEPHONE: 520-256-9463