Solicitation - W912DW26QA041 (MMD Facility Re-Core Purchase).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

MMD Facility Re-coreInstrument Name:

INSTRUCTIONS TO OFFERORS

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE

COMPLETED BY QUOTERS AND RETURNED WITH QUOTES:

IF YOUR REPRESENTATIONS AND CERTIFICATIONS ARE REGISTERED IN THE "SYSTEM FOR AWARD MANAGEMENT" (SAM) CHECK HERE . IF NOT, YOU CAN REGISTER ONLINE AT www.sam.gov

2. The solicitation is "Small Business Set-Aside." All works shall be in accordance with the Purchase Description (PD), attachments, and all other terms and conditions herein.

3. Request for Quote No: W912DW26QA041

Closing Date and Time: 31 August 2026, at 11:00 AM. Pacific Time

4. Email quotes shall be accepted before closing at e-mail address hien.ho@usace.army.mil. For questions, please email the above email address.

Quote For: MMD Facility Re-Core

Request for Quote No.: W912DW26QA041

Offerors IMPORTANT NOTICE: must acknowledge receipt of this amendment by numbers and date on offer.

5. PROSPECTIVE CONTRACTORS: Contractors are required to be registered in the System for Awards Management (SAM) for awards resulting from solicitations.

"Registered in the System for Award Management (SAM) database" means that -

a. The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

b. The offeror has completed the Core, Assertions, and Representations and Certification, and Points of Contact sections of the registration in the SAM database;

c. The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

W912DW26QA041

mailto:hien.ho@usace.army.mil

d. The Government has marked the record "Active".

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE A QUOTE INELIGIBLE FOR

AWARD.

The web site may be accessed at https://sam.gov

Award will be made to the lowest priced, responsible quoter, whose quote conforms to the requirement of the solicitation.

6. State and Local Taxes

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers, or subcontractors. It is the contractor's responsibility to investigate applicable federal, state, and local taxes, along with any specific exemptions that may exist.

This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes.

The U.S. Army Corps of Engineers will not accept any invoice with a separate tax line. If there are any appropriate taxes, the contractor may consider that tax as the cost of doing business and incorporate that cost within the cost of the item or job.

7. Required Submittals:

a. Signed and dated STANDARD FORM 1449 (Solicitation/ Contract/ Order for Commercial Items).

b. Signed and dated STANDARD FORM 30, if applicable, for any Amendments to the solicitation.

c. Completed pricing information for all CLIN items.

d. Required items in #8 below.

8. The following information is with quotation submission:required

Unique Entity :ID .

Cage Code :Number .

W912DW26QA041

https://sam.gov

This requires registration in SAM, web site or registratio f n is www.sam.gov.

Remit to Address: .

Company :Name .

Address: .

:City/State/Zip .

Phone & Fax Numbers: .

Point of Contact: .

E-Mail Address: .

The quoter must provide pricing for all items in the solicitation for its quote to be acceptable to the Government. All questions resulting from this RFQ shall be submitted by close of business two (2) days prior to the closing date. All quoted items must meet the requirements of the Request for Quote (RFQ).

Multiple quotes are not accepted for this RFQ. If multiple quotes are received only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received.

*** END OF NARRATIVE ***

W912DW26QA041

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 MMD Cores, Keys, & Padlock: The Contractor shall supply cores, keys, and padlocks in accordance with Price Sheet Table 1 and attached Purchase Description.

Product Service Code: 5340

Pricing Arrangement: Firm Fixed Price

1 Lot

0002 MMD Fish Passage Facility Cores, Keys, & Padlock: The Contractor shall supply cores, keys, and padlocks in accordance with Price Sheet Table 2 and attached Purchase Description.

Product Service Code: 5340

Pricing Arrangement: Firm Fixed Price

1 Lot

0003 Howard Hanson Dam Facility Cores, Keys, & Padlock: The Contractor shall supply cores, keys, and padlocks in accordance with Price Sheet Table 3 and attached Purchase Description.

Product Service Code: 5340

Pricing Arrangement: Firm Fixed Price

1 Lot

Continuation of Description

MMD Facility Re-Core - Price Sheet

PRICE SHEET:

STAMP # OF KEYS AND KEYMARK COUNT Unit

Price:

STAMP # CORES

AND

COREMARK

Unit

Price:

GGMx GREAT GRAND MASTER (ALL CORES ALL

SITES) - INCLUDE UNDER CLIN 0001

15 GGMx (installed- 4)

+(8 spares)

Table 1 - Mud Mountain Dam

TAMP # OF KEYS AND KEYMARK COUNT Unit

Price:

STAMP # CORES AND

COREMARK

Unit

Price:

MMx MASTER-MMD CORES (NOT

GGM)

MAx ADMIN 10 MAx (installed- 10)+(15 spares)

MBx BUILDINGS/SHOPS 10 MBx (installed- 35)+(15 spares)

MCx CONTR. ACCESS 10 MCx (installed- 5)+(15 spares)

MDx DAM 10 MDx (installed- 28)+(25 spares)

MEx REC AREA/ADMIN GATES 25 MEx (installed- 25)+(30 spares)

MFx Spare sub-set 20 MFx (installed- 13)+(12 spares)

MGx GATES-PERIMETER 25 MGx (installed- 12)+(18 spares)

MHx SPARE SUB -SET 20 MHx SPARE SUB -SET 20

MPx Padlocks (to receive purchased cores)

Table 2 - Mud Mountain Dam Fish Passage Facility

STAMP # OF KEYS AND KEYMARK COUNT Unit

Price:

STAMP # CORES AND

COREMARK

Unit

Price:

FMx MASTER-FPF CORES (NOT

GGM)

FAx ADMIN 10 FAx (installed- 20)+(10

FBx Panels/Motors 10 FBx (installed- 60)+(20 spares)

FCx CONTR. ACCESS 10 FCx (installed- 2)+(8 spares) 10

FDx Out Buildings 10 FDx (installed- 10)+(10 spares)

FFx Spare sub-set 20 FFx Spare SUB-SET 25

FGx GATES-PERIMETER 10 FGx (installed- 8)+(12 spares)

FHx SPARE SUB -SET 20 FHx SPARE SUB -SET 20

Table 3 - Howard Hanson Dam

STAMP # OF KEYS AND KEYMARK COUNT Unit

Price:

STAMP # CORES AND

COREMARK

Unit

Price:

HMx MASTER-HAH CORES (NOT

GGM)

HAx ADMIN / Pump House 25 HAx (installed- 10)+(15

HBx BUILDINGS/SHOPS 35 HBx (installed- 10)+(15 spares)

HCx Old Admin 25 HCx (installed- 5)+(15 spares)

HDx Tower 25 HDx (installed- 2)+(10 spares)

HFx Fuel / AST 20 HFx (installed- 5)+(15 spares)

HGx GATES and PERIMETER 50 HGx (installed- 20)+(30 spares)

HHx SPARE SUB -SET 20 HHx SPARE SUB -SET 20

HPx Padlocks (to receive purchased cores)

*** END OF NARRATIVE ***

PURCHASE DESCRIPTION

Material Purchase Specifications

Mud Mountain Dam, Enumclaw, WA

Mud Mountain Dam Fish Passage Facility, Enumclaw, WA

Howard Hanson Dam, Ravensdale, WA

Keys, Cores, and Padlocks Purchase

1. INTENT: This acquisition is for the procurement of CORMAX BEST 6 Series cores andsupply keys for use at Mud Mountain Dam (MMD) , Mud Mountain Dam Fish Passage Facility (MMD FPF), and Howard Hanson Dam (HHD) located near Enumclaw, WA and Ravendale, WA.

2. Vendor shall provide 6 Series cores and keys with identified REQUIREMENT/OBJECTIVE:

options and quantities specified in paragraph 3.0. Keyways are to be independent for each series with the exception of the Great Grand Master keys, which can be used for all 3 sites. Vendor is responsible for supplying equipment that will withstand the intended use of life. All furnished equipment must be new and not refurbished, conform in strength, quality of material, workmanship, and sound engineering standards.

3. MATERIALS: Vendor shall supply the following to meet the intended use of the . Government

a. CORMAX BEST 6 Series (M Series J Keyways, Core size (pin count of 7)) of the following quantities, all finishes to be satin brass (606)

1) 685 each of Keyway Combination Core (keying to be determined by government)

2) 596 total keys (596 keys with cores, plus additional 89 cores; keying to be determined by government)

4. MATERIAL DESCRIPTION:

a. A total of 685 New Lock Cores and 596 keys are needed in one new set. A complete list of core locks to be replaced will be provided by the government prior to production.

b. Note this quantity does not mean 596 different lock cores with all different key patterns. For example, there are thirty-five of each of MAx designation lock cores with ten keys. This means ten identical cut keys will open all thirty-five MAx lock cores. The government will provide exact quantity and details, prior to production.

c. Note that the lock core designations will be identified in accordance with the Stamps listed in the Price sheet. The first character of M is to be for Mud Mountain Dam, F is to be for the Mud Mountain Dam Fish Passage Facility, and H is to be for Howard Hanson Dam.

d. Some key patterns are related to the other key patterns. Starting from the left most letter in the lock core designation, each additional character/letter represents a subset of the key pattern. For example, a MMx key can open both MBx lock core and MHx lock core. The MMx key acts as the supervisory key. A MHx key can open a MHx lock core. However, a MHx key cannot open a MBx lock core.

e. Another example. A FMx key can open a FAx lock core. However, a FMx key cannot open a HMx lock core. The FMx and HMx patterns are both three- or four-letter designations, and one is not a supervisory key of another.

f. Another example. All GGMx keys can open MMx, FMx, and HMx cores and all of the sub cores under those Master keys (i.e. MAx, MBx, MCx, etc. and FAx, FBx, FCx, etc. and HAx, HBx, HCx, etc.).

g. The equipment provided by the contractor must meet or exceed applicable industry security standards and regulations (industry ANSI/BHMA A156 series standards).

h. New lock cores and keys must have series or identification stamped on the visible face.

Engraving of lock core or keys for this identification is strictly prohibited. The stamp is also known as "Core Mark" in the industry. The stamp should be visible when the lock core is installed.

i. New keys shall have the words "US Govn't" and "Do Not Duplicate" stamped. The stamp can be on either side of the key blank. The new keys must be cut differently from the existing keys. In other words, the new keys cannot open the old locks, and vice versa.

j. The Contractor shall provide 1 set of maintenance tools to each site (a total of three sets) to the government for the purpose of replacing or removing the new lock cores.

k. The contractor shall provide 3 control keys to each site (a total of 9) for the purpose of removing and installing individual cores.

5. OPERATIONAL AND MAINTENANCE SUBMITTALS: One (1) hard copy of descriptive materials, which shall include operators and maintenance manuals.

6. ACCEPTANCE OF MATERIALS: Materials will be inspected at the delivery point prior to acceptance. The contractor shall be responsible for maintaining the product's condition as specified until the point of acceptance. No remanufactured or "gray market" items will be accepted.

Only new equipment will be accepted.

7. DELIVERY SCHEDULE AND ADDRESS: All supplies and associated accessories shall be delivered to the following addresses . The within 90 days upon receipt of the purchase order quantities of each purchase item to be delivered to each site are outlined in the Price Sheet.

Delivery Info for CLIN 0001

U.S. Army Corps of Engineers

Mud Mountain Dam

ATTN: Rick Emry

30525 SE Mud Mountain Rd

Enumclaw, WA 98022

Delivery Info for CLIN 0002

U.S. Army Corps of Engineers

Mud Mountain Dam Fish Passage Facility

ATTN: Casey Butcher

25305 SE Mud Mountain RD

Enumclaw, WA 98022

Delivery Info for CLIN 0003

U.S. Army Corps of Engineers

Howard Hanson Dam

ATTN: Warren Douglas

Ravensdale, WA 98051

All deliveries must take place during working hours, 8:00am - 4:00pm Monday - Friday except for Federal holidays.

*** END OF NARRATIVE ***

Requirements MMD Keys, Cores, and Padlocks Purchase

Continuation of Deliveries or Performance

0001 1 LotQuantity

Address and POC

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 1 LotQuantity

Address and POC

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 1 LotQuantity

Address and POC

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

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

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

2026-02

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

2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation 2026-O0038)

2026-03

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

2026-02

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

2026-02

52.222-90 Addressing DEI Discrimination 2026-04 by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

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- O0038)

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 2024-05

Information and Cyber Incident Reporting.

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

52.212-4 Terms and Conditions- 2026-02

Commercial Products and Commercial Services. (Deviation 2026-O0038)

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

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

(b) . The Contractor shall only tender for acceptance those items that Inspection/Acceptance conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) . The Contractor or its assignee may assign its rights to receive payment due as Assignment a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment ( use of the Governmentwide e.g., commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) . Changes in the terms and conditions of this contract may be made only by written Changes agreement of the parties.

(e) . This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the Disputes parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) . The Contractor shall be liable for default unless nonperformance is Excusable delays caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) . The Contractor shall indemnify the Government and its officers, Patent indemnity employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) -Payment

(1) . Payment shall be made for items accepted by the Government that have Items accepted been delivered to the delivery destinations set forth in this contract.

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

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

(4) . If the Contractor becomes aware of a duplicate contract financing or invoice Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation e.g.

errors, date(s) of overpayment);

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

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

(D) Contractor point of contact; and

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

(5) .Interest

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

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

(iii) . The Contracting Officer will issue a final decision as required by FAR part Final decisions 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) . Unless the contract specifically provides otherwise, risk of loss or damage to the Risk of loss supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) . The contract price includes all applicable Federal, State, and local taxes and duties.Taxes

(l) . The Government reserves the right to Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) . Unless specified elsewhere in this contract, title to items furnished under this contract Title shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) . The Contractor warrants and implies that the items delivered under this contract Warranty are merchantable and fit for use for the particular purpose described in this contract.

(p) . Except as otherwise provided by an express warranty, the Contractor Limitation of liability will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) . The Contractor agrees to comply Compliance with laws unique to Government contracts with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.

C. chapter 21 relating to procurement integrity.

(r) . Any inconsistencies in this solicitation or contract shall be resolved by Order of precedence giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) .Unauthorized obligations

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) . This paragraph applies if this contract was Comptroller General examination of record awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) . The Contractor's representations and certifications, including Incorporation by reference those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026-O0038)

2026-02

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.

[ ] Offeror chooses to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of provision)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

52.240-91 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

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

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

2026-02 Deviation 2026- O0015

2026-01

O0015)

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

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

2023-03

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

2022-05

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

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

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

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

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Deviation 2026- O0038)

2026-02

Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Feb 2026) (Deviation 2026-

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No. Country of origin [List as necessary]

(c)

(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Other Foreign End Products:

Line Item No. Country of origin [List as necessary]

(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ____

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

KO CONTRACTING DIVISION, 4735 EAST MARGINAL WAY SOUTH

SEATTLE, WA 98134-2329

UNITED STATES

HIEN HO, EMAIL: HIEN.HO@USACE.ARMY.MIL TELEPHONE: 2065733260