Solicitation - W912DR26RA067.pdf
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- Tenant Alterations and HVAC Services SATOC
- Solicitation number
- W912DR26RA067
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Solicitation Summary
This is a Request for Proposal (RFP) for a five-year Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) issued by the U.S. Army Corps of Engineers, Baltimore District (W912DR). The solicitation seeks commercial construction services for tenant alterations and HVAC maintenance and repair services supporting Joint Forces Recruiting Command recruiting stations in Maryland, Delaware, District of Columbia, Northern Virginia, and Pennsylvania. The contract uses a Firm Fixed Price (FFP) pricing arrangement with NAICS code 236220 and Product Service Code Z2AA. Performance period begins within 10 days of Notice to Proceed and extends for 1,826 calendar days, with performance and payment bonds required within 10 days of award.
Proposals must be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) by September 8, 2026, at 01:00 PM Eastern Time, with a 90-day minimum acceptance period. Evaluation criteria include Factor 1 (Technical Acceptability—addressing HVAC certifications, key personnel qualifications, project narratives, and management approach), Factor 2 (Past Performance—three similar projects within five years), and Factor 3 (Cost/Price). Award will be made to the lowest-priced technically acceptable offeror. This is a Total Small Business Set-Aside contract. Contractors must provide HVAC state licenses and EPA Section 608 certifications, detailed project schedules in P6 format showing critical path and significant work phases, organizational charts, management narratives addressing staffing and workload capacity, subcontractor management plans, and quality control procedures. Offerors must acknowledge all solicitation amendments and submit all required documentation with no exceptions to be considered compliant.
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
AWARD (To be completed by Government)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Patrick.Ferguson Line
Patrick.Ferguson Line
Section 00 00 00 - Procurement and Contracting Requirements
Tenant Alterations SATOCInstrument Name:
The purpose of this solicitation is to perform commercial construction Contract Description:
services in support of tenant alteration efforts and HVAC services for armed forces recruiting facilities in various locations.
Product Service Code : Z2AA
W912DR26RA067
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0002 Tenant Imp rovement a nd HVAC Se rvices
SAT OC
Perform ance Work Statement
Performance Work Statement
Aug
10 Attachment No
0001 Tenant Imp rovements and HVAC B id Sheets
Cost Data Summary 31 Jul
Attachment No
0003 SAMPLE
Pro ject
SOW
Statement of Work 24 Jun
21 Attachment No
0004 SAMPLE
Pro ject
SOW A
ttachment - Security Applicati ons
Statement of Work 24 Jun
14 Attachment No
0005 SAMPLE
Pro ject Bid S heet 1 - M aryland
Cost Data Summary 24 Jun
Attachment No
0006 SAMPLE
Pro ject Bid S heet 2 - D elaware an d Pennsylv ania
Cost Data Summary 24 Jun
Attachment No
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 This is a five year Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for maintenance/upgrades to professional offices and HVAC maintenance and repair services for the Joint Forces Recruiting Command Recruiting Stations located in the state of Maryland, Delaware, District of Columbia, Northern Virginia, and Pennsylvania.
Product Service Code: Z2AA
North American Industry Classification System (NAICS):
236220
Pricing Arrangement: Firm Fixed Price
1 null
Section 00 20 00 - Instructions for Procurements
INSTRUCTIONS TO OFFERORS
IMPORTANT NOTES REGARDING THIS ACQUISITION
1. PROPOSAL CONDITIONS.
a. Contractors must provide all required documents for this solicitation, with no exceptions. Should a contractor fail to fully complete the bid schedule, its offer will not be considered compliant to the solicitation and may be ineligible for the resultant contract award.
b. Split awards or multiple award contracts will not result from this solicitation.
2. Total Small Business Set-aside COMPETITION:
3. SUBMISSION OF PROPOSALS:
a. Each volume shall be submitted electronically through the solicitation module of the Procurement Integrated Enterprise Environment (PIEE) at . It is the responsibility of the https://piee.eb.mil/ Offeror to confirm their proposal was received with the assigned contract specialist. Any portion of the proposal that is changed (as a result of negotiations or proposal revisions) should be annotated and dated.
Each volume shall be clearly labeled with its Title and a copy number (e.g., copy 1 of 5). PROPOSALS
THAT ARE RECEIVED BY EMAIL WILL NOT BE CONSIDERED.
b. Each paragraph should be single spaced and shall be separated by at least one blank line. A standard, 10-point minimum font size applies. Arial or Times New Roman fonts are requested.
Tables and illustrations may use a reduced font size no less than 8-point and may be produced in landscape mode.
c. SF 1442 BACK (Page 2 of the Solicitation): Offerors are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in Block 19. Offerors shall fully complete all the required areas located under the section designated as "OFFER" (refer to Items 14 through 20C).
d. The following volumes of material shall be submitted:
Volume Title
W912DR26RA067
https://piee.eb.mil/
I Factor 1: Technical Acceptability
I Factor 2: Past Performance
II Price
*Factors 1 and 2 have a combined maximum page count of 15 pages. Pages that exceed the page limitation will not be reviewed and the information contained on those pages will not be considered for evaluation. Including required information on a page that exceeds any of these limitations, and which is therefore not reviewed, may cause a proposal to receive a unacceptable rating for a factor.
4. REQUEST FOR INFORMATION:
Technical inquiries and questions relating to this solicitation are to be submitted via email to the Contract Specialist, Angela Padua, at angela.s.padua@usace.army.mil no later than August 24, 2026 1100 AM
. . An Offeror who submits a comment or question will receive an acknowledgement of their Eastern comment or question via email. All comments and questions will be answered via Amendment.
Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.
Evaluation Criteria for Tenant Alterations & HVAC Services
Evaluation Factors
Volume I, Factor 1: Technical Acceptability - To be technically acceptable, the Offer must provide information as specified below and referenced in the attached Performance Work Statement (PWS).
- HVAC Maintenance & Emergency Services
The Government will evaluate
(1) the state or local license(s), whichever applies, submitted for Heating, Ventilation and Air Conditioning for the state that work will be performed (Pennsylvania, Delaware, Maryland, West Virginia, Northern Virginia, & D.C.);
(2) the submitted EPA Section 608 HVAC certification(s).
(3) The Government will evaluate the submitted proposal for proposed key personnel consisting of experience and other pertinent information, inclusive of superintendents, quality control inspectors, and foremen. The Government reserves the right to verify the information submitted. The Government will evaluate the capability of the firm to execute the project.
Complete and reasonable submissions will receive an acceptable rating. Incomplete or unreasonable submissions will receive an unacceptable rating.
- Tenant Alterations
The Offeror shall provide an overall technical approach to the project in narrative form. All narratives must contain sufficient detail to demonstrate technical capability.
(1) Project Narrative: The Offeror must provide a start-to-finish narrative identifying and describing how the critical elements identified in the schedule shall be completed in accordance with the solicitation specifications.
(2) Pre-Award Project Schedule: The Offeror shall provide a PDF P6 project schedule showing the proposed sequencing of work. The schedule shall show the critical path, adequate detail, logic and sequences to demonstrate a reasonable approach and understanding of the solicitation requirements and project specifications to ensure an on-time completion of the project.
At minimum the P6 project schedule shall include the following significant features* of work including durations:
- Start-Up Activities
- Phasing
- Critical Path
- Permitting
- Material procurement to include any long lead items
- Submittal processing/review/approval activities
- Mobilization
- Site Preparation
- Fabrication and delivery of materials
- Assembly/disassembly
- Installation
- Testing and Commissioning
- Demobilization and
- Closeout
*If any significant feature of work is not included in the submission package, the Offeror must explain and justify the omission.
The critical path should clearly identify the longest sequence of tasks (in time) from start to finish to complete the project. Period of performance (POP) is considered to be NTP to project completion.
- Management Approach:
The Offeror shall provide an overall management approach to this SATOC in narrative form.
The Offeror's narrative must be specific to the solicitation requirements and contain sufficient detail to demonstrate management capability. The management approach shall include the following sections:
(1) Organization Chart: The Offeror must submit an organizational chart identifying the proposed management team that will execute the SATOC at an overall contract and task order level.
This organizational chart must include the following:
- The Offeror's key personnel that will manage the SATOC.
- In the case of an Offeror utilizing individuals from affiliates as key personnel, the affiliate company must be identified in the chart with the individual's name.
- Direct primary and secondary Point of Contacts (POCs) for this SATOC
- Key Subcontractors (If the subcontract firms have not been selected at the time of proposal submission, the Offeror must identify the intended subcontract trades)
(2) Management Narrative: The Offeror must provide a narrative to describe the proposed management structure of the construction team and address the following:
- The Offeror's proposed approach to adequately staff and coordinate the project team to include both the prime and subcontractor firms and the roles and responsibilities of their key personnel within the management team.
- Discuss how the home office staff will support the overall contract.
- The Offeror's current workload and how their company can manage multiple, concurrent projects/task orders in different locations.
- Describe how the Offeror would streamline the process of receipt of task order requirements to award.
- Describe how the project teams, to include the subcontractors and the Government, will communicate with each other to achieve results.
(3) Subcontractor Management Narrative: The Offeror shall provide a narrative to describe the proposed subcontractor management structure for the construction team. This narrative should provide a clear depiction of the project team structure including authorities and the delegations of authority within the team. The narrative must include the following information:
- Describe how subcontractors are managed by the prime contractor to include flow-down of contract requirements, duties, responsibilities, and coordination.
- Plans to coordinate and select subcontractors throughout the Baltimore District area of responsibility (AOR).
- Discuss how non-performance by subcontractors is handled by the Prime contractor.
(4) Quality Control Narrative: The Offeror shall discuss quality management methods throughout ancillary design and the construction process.
Each submittal will be evaluated to ensure requirements are met.
The following Technical Factor Ratings are used for evaluation and award will be made with appropriate consideration based upon the evaluation factors described below:
Table A-1. Technical Acceptability
Rating Description
Acceptable Proposal clearly meets the minimum requirements of the RFP (Request for Proposal)
Unacceptable Proposal does not clearly meet the minimum requirements of the RFP
Volume II, Factor 2: Past Performance - The Government intends to evaluate the past performance of the bidders on three (3) similar projects within the past five (5) years, based on the information provided by them in their respective detailed responses and references from the customers of the specific projects identified. An acceptable rating is required to be considered for award.
The Contractor shall:
1. Complete the table below for three (3) recent and relevant projects. In the last row of the table, provide contact information (name, organization, phone number and email address) for a customer who can provide a reference for the specific project identified.
Project #1 Project #2 Project #3
Contract Number
Project Location
Contract Amount
Contract Type
Period of Performance
Prime/Subcontractor
Subcontractor Agreement (Y/N)
Customer/Reference
- Name
- Organization
- Phone Number
- Email Address
2. Provide a narrative, for each project listed in the table, which describes the project and outlines the relevancy of the project to the current Performance Work Statement (PWS). All similarities to the current PWS shall be highlighted in yellow in the narrative.
3. Send the Past Performance Questionnaire (PPQ), provided as part of this solicitation, to each of the references identified and request that the reference complete the PPQ by the deadline stated in the solicitation. The completed PPQ's must be returned by Customer directly to Angela Padua, Contract Specialist, e-mail at angela.s.
padua@usace.army.mil. The Government will not release completed questionnaires to the contractor at any time, in order for the Government to solicit candid, unbiased responses and comments.
4. Contractors without recent or relevant past performance information should clearly state this in the proposal and refer to the "Evaluation" section for additional information.
Table A-2. Past Performance Evaluation Ratings
Rating Description
Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
Neutral Irrelevant past performance was submitted or no past performance was submitted.
Volume III, Factor 3: Cost/Price - Price lists shall be submitted with all the items being offered.
Contractors shall use the Price Schedule attached and complete with all pricing, inclusive of equipment, supplies, project management and other costs. This will be a fixed-price contract Note:
so pricing should be for the total project.
Each contractor should also include a cover letter on company letterhead, summarizing the pricing total and outlining the contractor's terms and conditions, signed by the representative managing the account. Include the contractor's CAGE Code, TAX ID #, DUNS #, and SIN #.
The total price shall be equal to the sum of the total of all the cost elements (Specified items, Labor, and Materials). The Government will verify the contractor's calculation of the total offered price. The prime contractor and each subcontractor shall provide their labor rates for each of the labor categories contained. Each labor rate shall be multiplied by its corresponding level of effort (hours) for the contract period of performance.
The contractor shall provide payment and performance bonds on a task order basis.
The contractor shall ensure that the rates proposed for all of the labor categories subject to the Service Contract Act (SCA) and Davis Bacon Act (DBA) comply with the minimums specified by the applicable Department of Labor Wage Determination. Please note the applicable wage determination will be issued on a task order basis.
The Government intends to evaluate proposals and make the award IAW RFO 15.402. The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonableness. Offers with an omission or unclear proposal may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, regardless of the proposed price and will be rated unacceptable. In that case, the offeror may be found ineligible for award. As stated in RFO 52.215-1(f)(8), if one or more priced line items or labor hours is significantly overstated or understated, the Government may reject the offer. The Government reserves the right to ask questions of offerors if the Contracting Officer determines them to be necessary.
EVALUATION CRITERIA RATING
Volume I, Factor 1: Technical Acceptability
RATING DESCRIPTION
ACCEPTABLE Proposal clearly meets the minimum requirements of the solicitation. Please see Section "EVALUATION CRITERIA: 1.
Technical" for specific requirements.
UNACCEPTABLE Proposal clearly does not meet the minimum requirements of the solicitation.
Volume II, Factor 2: Past Performance
The contractor will provide information regarding their past performances with the OFFER.
RATING DESCRIPTION
ACCEPTABLE Past performance references and /or PPQ has satisfactory ratings and clearly meets the minimum requirements of the solicitation.
UNACCEPTABLE Past performance references and/ or PPQ has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.
NEUTRAL No past performance submitted.
Volume III, Factor 3: Cost/Price
Award will be made to the Offerors with the Lowest Price Technically Acceptable. Pricing will be evaluated in accordance with price lists submitted with all the items being offered. The government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable, and the pricing information shall be provide if requested. The Government will evaluate proposals for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced. Offerors must complete all line items to be considered for award.
BASIS FOR AWARD
The Government anticipates award of a Firm-Fixed-Price (FFP) Lowest Price (Cost) Technically Acceptable offeror, i.e. to the offeror with the lowest evaluated realistic price of proposals meeting the acceptability standards for non-cost factors. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for the technical factor and all enumerated paragraphs there under.
Award will be made with appropriate consideration given to the three evaluation factors: Factor 1- Technical, Factor 2- Past Performance and Factor 3 - Cost/Price.
The Government intends to evaluate proposals and make award without questions to offerors.
Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a Technical and Cost standpoint.
Unclear proposals may not result in questions for clarifications. Offers with an omission or unclear proposal may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, regardless of the proposed cost/price and will be rated unacceptable. In that case, the Offeror may be found unacceptable, and ineligible for award. The Government reserves the right to ask questions of offerors if the Contracting Officer determines them to be necessary.
*** END OF NARRATIVE ***
Section 00 21 00 - Instructions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
DFARS Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
Section 00 45 00 - Representations and Certifications
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding 2022-05
Business Operations with the Maduro Regime.
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026-
Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-
(a) Definitions. As used in this provision-
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It [ ] is [ ] is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
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).
Section 00 70 00 - Conditions of the Contract
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-6 Restrictions on Subcontractor Sales to the Government.
(Alternate I)
2020-06 Alternate I 2021-11
52.222-3 Convict Labor. (Deviation 2026-
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. (DEVIATION 2026-O0002)
1991-12 Deviation 2026- O0002
2026-08
Section 00 72 00 - General Conditions
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-3 Gratuities. 1984-04
52.203-6 Restrictions on Subcontractor Sales to the Government.
2020-06
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
52.209-6 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
52.212-4 Terms and Conditions- Commercial Products and
2026-02
Commercial Services. (Deviation
52.217-2 Cancellation Under Multi-year Contracts.
1997-10
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)
2026-02
52.222-35 Equal Opportunity for Veterans.
(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
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)
2026-02
52.232-27 Prompt Payment for Construction Contracts.
2017-01
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- O0038)
2026-02
52.236-2 Differing Site Conditions.
(Deviation 2026-O0038)
2026-02
52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038)
2026-02
52.236-5 Material and Workmanship.
(Deviation 2026-O0038)
2026-02
52.236-6 Superintendence by the Contractor. (Deviation 2026- O0038)
2026-02
52.236-7 Permits and Responsibilities.
(Deviation 2026-O0038)
2026-02
52.236-8 Other Contracts. (Deviation 2026- O0038)
2026-02
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)
2026-02
52.236-10 Operations and Storage Areas.
(Deviation 2026-O0038)
2026-02
52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)
2026-02
52.236-12 Cleaning Up. (Deviation 2026- O0038)
2026-02
52.236-13 Accident Prevention. (Deviation 2026-O0038)
2026-02
52.236-15 Schedules for Construction Contracts. (Deviation 2026- O0038)
2026-02
52.236-21 Specifications and Drawings for Construction. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (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
252.203-7000 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
252.205-7000 Provision of Information to Cooperative Agreement Holders.
2024-10
252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders.
2025-10
252.217-7007 Payments. 1991-12
252.223-7008 Prohibition of Hexavalent Chromium.
2023-01
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7048 Export-Controlled Items. 2013-06
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
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2023-01
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7010 Levies on Contract Payments. 2006-12
252.236-7000 Modification Proposals--Price Breakdown.
1991-12
252.243-7002 Requests for Equitable Adjustment.
2022-12
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.
2010-10
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.212-2 Evaluation-Commercial Products and Commercial Services.
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
[Insert evaluation factors in the relative order of importance. For requests for proposals, state:
Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.216-18 Ordering. 2020-08
Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
Such orders may be issued from date of Notice to Proceed (NTP) through September 2031 [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when-
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either-
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 Order Limitations. 1995-10
Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00[insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $5,000.000.00[insert dollar figure or quantity];
(2) Any order for a combination of items in excess of $5,000.000.00[insert dollar figure or quantity]; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity. (Deviation
Indefinite Quantity (Feb 2026) (Deviation 2026-O0038)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 2031[insert date].
52.217-8 Option to Extend Services. 1999-11
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days[insert the period of time within which the Contracting Officer may exercise the option].
52.219-14 Limitations on Subcontracting.
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-
[Contracting Officer check as appropriate.]
[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or
[X] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
DFARS Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.236-7001 Contract Drawings and Specifications.
2000-08
CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall-
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details…
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