Solicitation - W912EE26QA026 Aerial Herbicide Spraying-Arkabutla.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

AERIAL HERBICIDE SPRAYING - ARKABUTLA LAKEInstrument Name:

Product Service Code : F001

W912EE26QA026

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 AERIAL HERBICIDE SPRAYING -

ARKABUTLA LAKE PROJECT NOTE: The completion date for this service is 30 September 2026. For administrative purposes the final completion date is 30 December 2026 Product Service Code: F001 North American Industry Classification System (NAICS): 115112 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

STATEMENT OF SERVICES

AERIAL HERBICIDE APPLICATION

Arkabutla Lake Project

3905 Arkabutla Dam Rd.

Coldwater, MS 38618

1. GENERAL INFORMATION

1.1 The U.S. Army Corps of Engineers is seeking quotes from qualified Contractors for aerial spraying for herbicide for the control and eradication of unwanted, woody aquatic vegetation.

Woody Aquatic vegetation includes Water Elm, Button Bush, Black Willow and other aquatic woody species. Application will be performed in a manner that ensures treatment of all target vegetation. The Contractor shall perform application in compliance with all local, state, and federal laws concerning safety, application, equipment, and licensing requirements. General. Work associated with vegetation management will be performed within the limits, unless otherwise noted, of the Vicksburg District Corps of Engineers in the State of Mississippi. Specific treatment is explained below.

1.2 Location: Arkabutla Lake Project - LAT: 34.720874 LONG: -90.069986

The treatment will be performed on 5,500 acres on Arkabutla Lake properties. Shape files reflecting map locations will be provided to the contractor upon award.

Timeframe/Period of Performance: The herbicide application shall begin no earlier than 1 AUGUST 2026 and be completed ASAP no later than 31 OCTOBER 2026.

1 AUGUST - 30 OCTOBER 2026 (90 DAY PERIOD of PERFORMANCE)

*The project manager will approve the start date upon the 'Pre-Work meeting' per #6 paragraph below.

1.4 Treatment specifications and objectives: All herbicide applications shall be consistent with the product label instruction, manufacturer's guidance, and the requirements of the contract. See paragraph 1.4. A minimum of 90% of all of the identified infestations to be treated in the treatment areas will be sprayed with each infestation receiving at least 90% coverage by foliar spray, to the degree that at least 90% of the live stems yellow prematurely within 2-3 weeks of the spray, or contractor will re-apply late summer/fall the very next year, at his/her expense. The Project Officer will be responsible for documenting that less than 90% of the area was treated, and notifying the contractor, as soon as possible after the spraying activity (e.g. will survey the area, take digital photographs).

1.5 Herbicide: Roundup Custom (EPA Reg. No. 524-343), 4 Pound Arsenal (EPA Reg. No. 241- 299), and Aquatic surfactant (no compounds present in quantities that are regulated), shall be used for the application. Generic equivalents of these herbicides may be used, but the herbicide label must be provided as proof of equivalency. Herbicides must be registered for aquatic use. No restricted herbicides are allowed. Herbicide substitutions may be approved by the government on a case-by-case basis. The Contractor shall submit the Material Safety Data Sheets (MSDS) for all herbicides to the Government representative prior to commencement of work. The Contractor shall strictly comply with the MSDS when handling herbicide.

1.6 Application: A solution of 6 quarts of Roundup Custom and 16 oz of 4 lb. Arsenal will be mixed with 15 gallons of water total solution per acre. This solution will also have an Aquatic Surfactant mixed in at the rate of 3 quarts per 100 gallons of water. All services should be performed in a manner that should ensure complete safety to all people in the area. No application will be attempted during inclement weather conditions.

1.7 Minimizing Impacts to Non-Target Species: No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is greater, or wind directions are likely to result in drifting to non-target areas, or public use areas. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property. No broadcast spraying shall be performed if more than 10% chance of rain is forecast for the day of application or for 24-hour period following the planned application.

2. NOTIFICATION OF TREATMENT:

2.1 The contractor will provide 72-hour notice to the Project Officer before arriving at the site location for herbicide treatment work. No spraying shall be conducted until the Project Officer has been notified prior and gives approval for the treatment to begin. The Project Officer retains the right to determine whether spraying at any time is appropriate, due to weather (including wind) and other considerations.

2.2 Handling, Mixing, Application rates and methods: All herbicides will be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. Mixing water is the responsibility of the contractor. The contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property.

2.3. Mississippi Department of Environmental Quality – General Pesticide Permit: The latest permit and applicable forms are available on the Internet at https://www.mdeq.ms.gov/permits/environmental-permits-division/applications-forms/ generalpermits/ Prior to making an offer, offerors shall view the referenced website for the latest permit requirements and applicable forms. No separate payment will be made for complying with the requirements of this Section, or for complying with requirements of the current Mississippi General Pesticide Permit, or for obtaining and complying with any other permits required for this contract.

3. EQUIPMENT:

3.1 The equipment used by the contractor should be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide. Operator License, aerial Equipment, fuel, filing for flight paths and all compliance with the FAA and the state of Mississippi shall be the responsibility of the Contractor.

4. SAFETY AND CERTIFICATION:

4.1 Safety Manual: Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for themselves and others. The contractor will also adhere to all safety guidelines under the EM-385-1-1 for the U.S. Army Corps of Engineers Safety and Health Manual.

https://safe.menlosecurity.com/doc/docview/viewer /docNCB43F666B76646a13587a4d5939b41b54f1f952147e047894dc20c58540971e36eb222e8d936

4.2 Hazard Communication: The contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR) 1910.1200 or 1926.59. The written hazard communication program shall address, as a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Safety Data Sheets (SDSs).

4.3 Licensing: The contractor or any employees or subcontractors performing any of the work under this contract shall possess a valid Mississippi commercial herbicide applicator's license and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the contractor in performing that work. Evidence of such licensing shall be submitted prior to award. All appropriate certification and licensing required by the Environmental Protection Agency and Mississippi Department of Wildlife, Fisheries, and Parks pertaining to the use and application of herbicides, shall be the responsibility of the Contractor.

Certifications, licenses and/or permits shall be valid for the period of application and available for inspection.

4.4 Public Safety: Public safety must be ensured when spraying or using herbicides. In application areas where there is potential for use by the public, the contractor will station personnel to enforce closure during time of spraying and place appropriate warning signs which inform the public that herbicide application work is on-going.

4.5 EPA Registration Label: All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

4.6 Safety Data Sheets: Safety Data Sheets (SDS) shall be submitted to the Project Officer prior to commencement of work. The Contractor shall also make these SDSs readily available to all affected contract employees.

4.7 Spills and Contamination: The contractor shall submit the response measures to be implemented should a spill or contamination occur. The contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination.

Immediately following this initial response, the contractor shall notify the appropriate Project Officer at the work location and other appropriate local, state, and federal officials. Subsequent to these actions, the contractor shall take action to clean up the spill as recommended by the Project Officer. Should personnel contamination occur, the contractor shall take immediate actions as prescribed by chemical manufacturers so as to protect the safety and health of the contaminated individual(s). Immediately following the contractor's initial response, the incident shall be reported to the Project Officer.

5. REPORTING:

5.1 Application Plan: The contractor shall submit an electronic copy of an application plan to the Project Officer. This plan shall outline the types of herbicides, planned application rates, hyperlinks to SDS's and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the SDS's and that personal protective equipment as specified by the SDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 working days of the notice of contract award and prior to the desired start of work. Government approval of this plan in no way relieves the contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan

5.2 Post-Application Documentation: The contractor shall submit a spray log reflecting the acreage total of 6,518 has been successfully treated to the Project Officer detailing: day(s) and time(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover). The Contractor shall provide GIS data (shapefiles in unprotected format) on all treated areas no later than four weeks after spraying is complete.

6. PRE-WORK MEETING:

6.1 Within 10 days after contract award, the contractor shall contact the Project Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work.

There may also be occasions when subsequent conferences will be called to reconfirm understanding or provide clarifications on contract requirements.

7. LIABILITY FOR AND DAMAGES TO THE GOVERNMENT:

7.1 Insurance: The contractor will carry liability insurance that will cover the application of herbicides as defined in this specification. A Certificate of Insurance form signed by the insurance agency shall be provided to the Contracting Officer prior to award of the contract. The insurance must provide coverage for the entire contract period.

7.2 Government Liability: The Government assumes no liability from the contractor's performance of the contract work. The contractor shall hold and save the Government harmless from all liability arising from the performance of the contract.

7.3 Responsibility for Damages: The contractor is responsible for all damage to persons and property resulting from performance of the contract work.

8. WARRANTY:

8.1. Should the desired results not be achieved, as described in paragraph 1.4, the contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs, during the following translocation period. The determination as to the acceptable performance of the contractor and the need to reapply the herbicides will rest solely with each Project Officer, or the authorized representative. A request to retreat an area may be either verbal or in writing.

8.2 The contractor is responsible for damage to persons or property, including unreasonable or unnecessary damage to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Damage costs as determined by government personnel will be charged in the form of a fine for the cost of rehabilitation or replacement of the affected resources. Other penalties may be assessed based on local, State, or Federal laws.

9. INSPECTION AND ACCEPTANCE:

9.1 Work will be inspected periodically for conformance with these specifications for timeliness, safety, and results achieved.

POC: FORRESTOR: DAN KIRKLAND - 662-703- 9338

POC: OPERATIONS PROJECT MGR. - MATT PIERCE - 901-573-4180

*** END OF NARRATIVE ***

Requirements The Arkabutla Lake Project Office of the USACE Vicksburg District requires a contractor to provide Aerial Herbicide application on 6,518 acres on Arkabutla Lake properties. Application is to be conducted to remove unwanted, woody aquatic vegetation

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: See SOW

DoDAAC: 964405 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VICKSBURG ARKABUTLA LAKE FIELD OFC, 5000 ARKABUTLA DAM ROAD

HERNANDO, MS 38632

UNITED STATES

Continuation of Deliveries or Performance

0001 1 JobQuantity

Address and POC Place of Performance DoDAAC: 964405 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VICKSBURG ARKABUTLA LAKE FIELD OFC, 5000 ARKABUTLA DAM ROAD

HERNANDO, MS 38632 UNITED STATES

Period of Performance From 01 Aug 2026 To 30 Dec 2026

Continuation of Accounting and Appropriation Data

1. Pursuant to Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement; EO 14265, Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base and Office of Management and Budget Memorandum M-25-26, Overhauling the Federal Acquisition Regulation (May 2, 2025), Class Deviation 2026-O0038 was issued by the Department of War effective February 1, 2026 announcing the U.

S. Government is operating under the Revolutionary RFO Overhaul (RFO), which specifically mandates the use of the RFO for RFO Part 52 and its applicable clauses. All legacy contracts will follow the legacy RFO through completion, unless specifically modified. All future procurements will align with the streamlined RFO. It is incumbent upon any potential offerors to verify the current status of RFO clauses and meet the revised criteria under the deviation.'

2. CYBERSECURITY MATURITY MODEL CERTIFICATION (CMMC): In accordance with DRFOS 240.370-5 the following provisions and clauses are required in all solicitations except for solicitations/contracts solely for the acquisition of commercially available off-the-shelf (COTS) items:

Provision - 252.204-7008, Compliance with Safeguarding Covered Defense Information Control.

Clause - 252.204-7009, Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information.

Clause - 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

Clause - 252.204-7997, NIST SP 800-171 DoD Assessment Requirements.

In the case of purchase order no. W912EE26QA026, implementation of a NIST SP 800-171 assessment is not a requirement since there is no covered defense information provided by the Government in the release of the solicitation, and the solicitation contains no controlled technical information. All information related to this project has been posted for full public view at www.sam.gov.

3. AUTHORITY FOR CHANGE OR MODIFICATION

"Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an

Administrative Contracting Office (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer."

4. ELECTRONIC FUNDS TRANSFER INFORMATION

"All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov.

UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District

(MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in SAM. Failure to update/maintain this information in SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The links below are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one? https://www.fsd.gov /gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov."

5. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS (IF

APPLICABLE)

"In addition to complying with the requirements outlined in RFO Part 22.13, FAR

RFO Clause 52.222-35, RFO Clause 52.222-37, DRFOS 222.13 and Department of

Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of

U.S. veterans while performing under a USACE contract.

While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes "

6. LIMITATIONS ON SUBCONTRACT (IF APPLICABLE):

Reference Limitations on Subcontracting RFO 52.219-14. This procurement is 100% small business set-aside under NAICS Code 115112 with a small business size standard of $9.5M. The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor 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.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor 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.

General construction: Contractor 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.

Construction by special trade contractors: Contractor 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.

A similarly situated entity is a first-tier subcontractor (including independent contractors) that meets two specific criteria:

1) Same Program Status: It has the same small business program status that qualified you, the prime contractor, for the award.

2) Small Size: It is considered a small business under the size standard for the NAICS code you assigned to that specific subcontract

Upon the Contracting Officer's request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (RFO 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

1. Total cost of contract = $

2. Total cost of performance by Prime and it's similarly saturated entities = $

3. Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated

Entities = (Line 1 / Line 2) X 100 = %

7. SPECIAL CONTRACT REQUIREMENTS (IF APPLICABLE)

1) RFO FAR provision 52.229-11 and RFO clause 52.229-12

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

Pursuant to the RFO 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract, and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

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

Line 6 Contract/reference number: W912EE26QA026

Line 7 "Name and address of the acquiring agency": USACE Vicksburg District (MVK) Contracting Office, 4155 Clay Street, Vicksburg, MS 39183

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

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

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time.

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

RFO 29.204 expressly states that "[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS." Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed RFO Provision 52.229-11.

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

8. INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212-4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

CEMVK-Invoices-Billings@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC AT:

TBD

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR'S FINAL

INVOICE SHALL BE SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF

PERFORMANCE DATE SPECIFIED IN THE CONTRACT. THE INVOICE MUST BE

CLEARLY MARKED "FINAL" AND SUBMITTED AS OUTLINED ABOVE

9. POINTS OF CONTACT

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT:

TBD

GOVERNMENT CONTRACTING POINT OF CONTACT:

Judy Huell

PHONE: 601-631-5829

EMAIL: judy.m.huell@usace.army.mil

*** END OF NARRATIVE ***

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

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

2017-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)

2026-02

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

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

2026-02

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

2026-02

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

2026-02

52.219-33 Nonmanufacturer Rule.

(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

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

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

2026-02

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

(Deviation 2026-O0038)

2026-02

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

2026-02

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

2026-02

52.222-62 Paid Sick Leave Under Executive 2026-02

Order 13706. (Deviation 2026- O0038)

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

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

2024-05

52.229-12 Tax on Certain Foreign Procurements.

2021-02

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

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

2026-02

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

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD

2011-09

Officials.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-14 Limitations on Subcontracting.

(Deviation 2026-O0038)

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

[ ] 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.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

Statement of Equivalent Rates for Federal Hires (May 2014)

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

5341 or 5332.

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

Employee Class Monetary Wage-Fringe Benefits

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

2008-05

Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause-

Postconsumer materialmeans a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to ____________[Contracting Officer complete in accordance with agency procedures].

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirements.

2025-11

CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL

CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)

(a) Definitions. As used in this clause-

"Controlled unclassified information" means information the Government creates or possesses, or information an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls (32 CFR 2002.4(h)).

"Current" means-

(1) With regard to Conditional Cybersecurity Maturity Model Certification (CMMC) Status-

(i) Not older than 180 days for Conditional Level 2 (Self) assessments and Conditional Level 2 (certified third-party assessment organization (C3PAO)) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.16 and 170.17); and

(B) A corresponding affirmation of continuous compliance by an affirming official (see 32 CFR 170.4); and

(ii) Not older than 180 days for Conditional Level 3 (Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.18); and

(B) A corresponding affirmation of continuous compliance by an affirming official;

(2) With regard to Final CMMC Status-

(i) Not older than 1 year for Final Level 1 (Self), with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.15); and

(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official;

(ii) Not older than 3 years for Final Level 2 (Self) assessments and Final Level 2 (C3PAO) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC

Status date (see 32 CFR 170.16 and 170.17); and

(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and

(iii) Not older than 3 years for Final Level 3 (DIBCAC) assessments, with-

(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.18); and

(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and

(3) With regard to affirmation of continuous compliance (32 CFR 170.22), not older than 1 year with no changes in compliance with the requirements at 32 CFR part 170.

"Cybersecurity Maturity Model Certification (CMMC) status" means the result of meeting or exceeding the minimum required score for the corresponding assessment. The potential statuses are as follows:

(1) Final Level 1 (Self).

(2) Conditional Level 2 (Self).

(3) Final Level 2 (Self).

(4) Conditional Level 2 (C3PAO).

(5) Final Level 2 (C3PAO).

(6) Conditional Level 3 (DIBCAC).

(7) Final Level 3 (DIBCAC).

"Cybersecurity Maturity Model Certification unique identifier (CMMC UID)" means 10 alpha-numeric characters assigned to each CMMC assessment and reflected in the Supplier Performance Risk System (SPRS) for each contractor information system.

"Federal contract information (FCI)" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government. It does not include information provided by the Government to the public, such as on public websites, or simple transactional information, such as information necessary to process payments.

"Plan of action and milestones" means a document that identifies tasks to be accomplished. It details resources required to accomplish the elements of the plan, any milestones in meeting the tasks, and scheduled completion dates for the milestones, as defined in National Institute of Standards and Technology Special Publication 800-115 (32 CFR 170.21).

(b) Framework. The Cybersecurity Maturity Model Certification (CMMC) is a framework for assessing a contractor's compliance with applicable information security protections (see 32 CFR part 170).

(c) Duplication. The CMMC assessments will not duplicate efforts from any other comparable DoD assessment, except for rare circumstances when a reassessment may be necessary, for example, when there are indications of issues with cybersecurity and/or compliance with CMMC requirements.

(d) Requirements. The Contractor shall-

(1)(i) Have and maintain for the duration of the contract a current CMMC status at the following CMMC level, or higher: ____ Contracting Officer insert: CMMC Level 1 (Self); CMMC Level 2 (Self); CMMC Level 2 (C3PAO); or CMMC Level 3 (DIBCAC) for all information systems used in performance of the contract, task order, or delivery order that process, store, or transmit FCI or CUI; and

(ii) Consult 32 CFR 170.23 related to the flowdown of the CMMC requirements, and flow down the correct CMMC level to subcontracts and other contractual instruments;

(2) Only process, store, or transmit FCI or CUI on contractor information systems that have a CMMC status at the CMMC level required in paragraph (d)(1) of this clause, or higher;

(3) Complete on an annual basis, and maintain as current, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required in paragraph (d)(1) of this clause in the Supplier Performance Risk System (SPRS) (https://piee.eb.mil) for each CMMC UID applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract;

(4) Ensure all subcontractors and suppliers complete prior to subcontract award, and maintain on an annual basis, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required for the subcontract or other contractual instrument for each of the subcontractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the subcontract; and

(5) If the Contractor has a CMMC Status of Conditional, successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.

(e) Reporting. The Contractor shall-

(1) Submit to the Contracting Officer-

(i) The CMMC UID(s) issued by SPRS for contractor information systems that will process, store, or transmit FCI or CUI during performance of the contract; and

(ii) Any changes in the CMMC UIDs generated in SPRS throughout the life of the contract, task order, or delivery order, if applicable;

(2) Enter into SPRS the results of a current self-assessment for each CMMC UID, not covered by a C3PAO assessment or DIBCAC assessment, applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract; and

(3) Complete in SPRS on an annual basis and maintain as current an affirmation of continuous compliance by the affirming official (see 32 CFR 170.4) for each self-assessment, C3PAO assessment, or DIBCAC assessment required under the contract in SPRS.

(f) Subcontracts. The Contractor shall-

(1) Insert the substance of this clause, including this paragraph (f) and excluding paragraph (e) (1), in subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items, if the subcontract or other contractual instrument will contain a requirement to process, store, or transmit FCI or CUI; and

(2) Prior to awarding a subcontract or other contractual instrument, ensure that the subcontractor has a current CMMC certificate or current CMMC status at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor based on the requirements at 32 CFR 170.23.

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that…