Solicitation - W912EF26BA002.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

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

RATING PAGE OF PAGES

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

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

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

SOLICITATION

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

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

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

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

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

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

OFFER (Must be fully completed by offeror)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

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

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

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

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

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

UNITED STATES CODE AT:

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

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

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

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Ice Harbor Turbine Maintenance Platform with Spare Parts, Fabrication and Delivery

Internal Number: 0001

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Each

0002 Ice Harbor Draft Tube Access Platform and Personnel Hoisting System with Spare Parts, Fabrication and Delivery

Internal Number: 0002

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Each

0003 Ice Harbor U1-3 Blade Access Scaffolding with Spare Parts, Fabrication and Delivery

Internal Number: 0003

Product Service Code: 5440

1 Each

W912EF26BA002

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

0004 Ice Harbor U4-6 Blade Access Scaffolding with Spare Parts, Fabrication and Delivery

Internal Number: 0004

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Each

0005 Ice Harbor On-Site Assembly Services for CLINs 0001, 0002, and

Internal Number: 0005

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Job

0006 Ice Harbor On-Site Assembly Services for CLIN 0003

Internal Number: 0006

Product Service Code: 5440

Claimant Program Code: C9E

1 Job

Pricing Arrangement: Firm Fixed Price

0007 Ice Harbor Transportation/Storage Carts, Fabrication and Delivery

Internal Number: 0007

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Job

0008 Ice Harbor Final Operation and Maintenance Manuals, Final Shop Drawings, and Record Drawings

Internal Number: 0008

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Job

0009 Pontoon Prototype

Internal Number: 0009

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Each

0010 1 Each

U2 Blade Access Scaffolding Stand Prototype

Internal Number: 0010

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

0011 GFP: 34001686 DBI-SALA 85-ft SRL and mount base bracket. See GFP Attachment for further detail.

Internal Number: 0011

Product Service Code: 5440

Claimant Program Code: C9E

Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Requirements Ice Harbor Turbine Maintenance Platform

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed- Price.

1996-08

52.246-4 Inspection of Services-Fixed- Price.

1996-08

52.246-16 Responsibility for Supplies. 1984-04

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-11 Higher-Level Contract Quality Requirement.

2014-12

Higher-Level Contract Quality Requirement (Dec 2014)

The Contractor shall comply with the higher-level quality standard(s) listed below.(a)

(1) The fabrication facility shall provide welders that are certified in the types of welding required by the technical specifications as outlined below.

(i) American Welding Society (AWS) D1.1/D1.1M: Structural Welding Code - Steel

-Submit Welder, Welding Operator, Or Tack Welder Performance Qualification Test Record on forms similar/equivalent to the sample forms found in AWS D1.1/D1.1M with all pertinent data filled out.

(ii) American Welding Society (AWS) D1.2/D1.2M: Structural Welding Code - Aluminum using the Gas Tungsten Arc Welding (GTAW) process and Gas Metal Arc Welding (GMAW) if utilized.

-Submit Manufacturer's Record Qualification Tests of Welder Or Welding Operator Or Tack Welder on forms similar/equivalent to the sample forms found in AWS D1.2/D1.2M with all pertinent data filled out.

(2) The fabrication facility shall provide certified weld inspectors. Inspectors must be qualified and certified in conformance with AWS QC1 to a level of CWI or SCWI. The inspectors must be certified/endorsed prior to award of this contract and must remain certified/endorsed for the duration of this contract.

-Submit AWS Certification of Welding Inspectors.

(3) The fabrication facility shall have a current Welding Procedure Specification (WPS) with supporting Procedure Qualification Record (PQR) for the specific welding process to be used as required by the technical specifications and outlined below.

(i) American Welding Society (AWS) D1.1/D1.1M: Structural Welding Code - Steel

-Submit Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on forms similar/equivalent to the sample forms found in AWS D1.1/D1.1M with all pertinent data filled out.

(ii) American Welding Society (AWS) D1.2/D1.2M: Structural Welding Code - Aluminum using the Gas Tungsten Arc Welding (GTAW) process and Gas Metal Arc Welding (GMAW) if utilized.

-Submit Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on forms similar/equivalent to the sample forms found in AWS D1.2/D1.2M with all pertinent data filled out.

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

Any subcontract for critical and complex items (see 46.203(b) and (c)); or(1)

When the technical requirements of a subcontract require-(2)

Control of such things as design, work operations, in-process control, testing, and inspection; (i) or

Attention to such factors as organization, planning, work instructions, documentation control, (ii) and advanced metrology.

(End of clause)

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0005 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0006 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0007 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0008 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0009 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

0010 Inspection and Acceptance Location

Both Destination Instructions: Per Technical Specifications

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE

BURBANK, WA 99323

UNITED STATES

Section F - Deliveries or Performance

0001 Delivery Schedule From date of lead time event to delivery 14 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Delivery Schedule From date of lead time event to delivery 14 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 Delivery Schedule From date of lead time event to delivery 7 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0004 Delivery Schedule From date of lead time event to delivery 14 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0005 Delivery Schedule From date of lead time event to delivery 14 Month

Date of Award 1 JobQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0006 Delivery Schedule From date of lead time event to delivery 7 Month

Date of Award 1 JobQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0007 Delivery Schedule From date of lead time event to delivery 14 Month

Date of Award 1 JobQuantity

Address and POC Ship To

DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0008 Delivery Schedule From date of lead time event to delivery 19 Month

Date of Award 1 JobQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0009 Delivery Schedule From date of lead time event to delivery 5 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0010 Delivery Schedule From date of lead time event to delivery 5 Month

Date of Award 1 EachQuantity

Address and POC Ship To DoDAAC: 960585 CountryCode: USA

ARMY CORPS OF ENGINEERS

ICE HARBOR LOCK AND DAM, 2763 MONUMENT DRIVE BURBANK, WA 99323

UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0011 1 JobQuantity

Address and POC

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.242-17 Government Delay of Work. 1984-04

52.247-34 F.o.b. Destination. 1991-01

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

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

2018-12

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees.

2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

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

2014-05

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

2014-05

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

2020-06

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

2017-01

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

2026-02

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

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

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

2026-02

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

(Deviation)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation)

2026-02

52.211-5 Material Requirements.

(Deviation)

2026-02

52.214-29 Order of Precedence-Sealed Bidding.

1986-01

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

2026-02

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

2026-02

52.219-33 Nonmanufacturer Rule.

(Deviation)

2026-02

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

(Deviation)

2026-02

52.222-20 Contracts for Materials, Supplies, 2026-02

Articles, and Equipment.

(Deviation)

52.222-35 Equal Opportunity for Veterans.

(Deviation)

2026-02

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

2026-02

52.222-37 Employment Reports on Veterans. (Deviation)

2026-02

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

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.223-5 Pollution Prevention and Right-to- Know Information.

2024-05

52.223-23 Sustainable Products and Services. (DEVIATION 2025- O0004)

2026-02 Deviation 2025- O0004

2025-03

52.226-7 Drug-Free Workplace. 2024-05

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

2024-05

52.227-1 Authorization and Consent. 2020-06

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

2020-06

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

52.229-12 Tax on Certain Foreign Procurements.

2021-02

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-25 Prompt Payment. 2017-01

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

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. (Deviation) 2026-02

52.233-3 Protest after Award. (Deviation) 2026-02

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

2026-02

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

1984-04

52.240-91 Security Prohibitions and Exclusions. (Deviation)

2026-02

52.242-2 Production Progress Reports. 1991-04

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed Price. (Deviation) 2026-02

52.245-1 Government Property. 2021-09

52.245-1 Government Property. (Alternate I)

2021-09 Alternate I 2012-04

52.245-9 Use and Charges. 2012-04

52.246-24 Limitation of Liability-High-Value Items.

1997-02

52.246-26 Reporting Nonconforming Items. 2024-08

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

2012-04

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

1984-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to 2011-09

Compensation of Former DoD Officials.

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

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

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

2019-05

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

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

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

2023-06

Uyghur Autonomous Region.

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

2023-01

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.245-7003 Contractor Property Management System Administration

2025-01

252.245-7005 Management and Reporting of Government Property.

2024-01

252.246-7006 Warranty Tracking of Serialized Items.

2016-03

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 2021-O0008)

2026-02 Deviation 2021- O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier Definition. Similarly situated entity 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) This clause applies only to--Applicability.

(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 subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); 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) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Limitations on subcontracting.

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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(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--

[X] 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 protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege 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)

52.246-18 Warranty of Supplies of a Complex Nature.

2001-05

Warranty of Supplies of a Complex Nature (May 2001)

(a) As used in this clause-Definitions.

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations.

(1) The Contractor warrants that for one (1) calendar year following date of Government Final all supplies furnished under this contract will be free from defects in Acceptance of each CLIN, material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price-

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.

o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 45 calendar days after discovery of the defect or non-

. The Contractor shall submit to the Contracting Officer a conformity to contract requirements written recommendation within as to 7 calendar days of notification by the Contracting Officer the corrective action required to remedy the breach. After the notice of breach, but not later than after receipt of the Contractor's recommendation for corrective action, the 7 calendar days

Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be from within 95 calendar days the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 45 calendar days after discovery of the defect or non-thereafter.conformity to contract requirements

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

52.248-1 Value Engineering. (Deviation) 2026-02

Value Engineering (Feb 2026) (Deviation)

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

(b) Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Instant contract, as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established.

Instant unit cost reduction means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate.

Negative instant contract savings means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected.

Net acquisition savings means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs.

Sharing base, as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP.

Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the contracting officer for each VECP.

Unit, as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies.

Value engineering change proposal (VECP) means a proposal that-

(1) Requires a change to this, the instant contract, to implement; and

(2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics;provided, that it does not involve a change-

(i) In deliverable end item quantities only;

(ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or

(iii) To the contract type only.

(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in paragraphs (c)(1) through (8) of this clause. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:

(1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data.

(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.

(3) Identification of the unit to which the VECP applies.

(4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause.

(5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs.

(6) A prediction of any effects the proposed change would have on collateral costs to the agency.

(7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.

(8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

(d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer.

(e) Government action.

(1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it will not be liable for any delay in acting upon a VECP.

(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort.

(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer.

(f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon-

(1) This contract's type (fixed-price, incentive, or cost-reimbursement);

(2) The sharing arrangement specified in paragraph (a) of this clause (incentive, program requirement, or a combination as delineated in the Schedule); and

(3) The source of the savings (the instant contract, or concurrent and future contracts), as follows:

Contractor's Share of Net Acquisition Savings (Figure in Percent) Sharing arrangement Contract Type Incentive (Voluntary) Program Requirement (Mandatory) Instant Contract Rate Concurrent and Future Contract Rate Instant Contract Rate Concurrent and Future Contract Rate Fixed-price (includes fixed-price-award-fee; excludes other fixed-price incentive contracts) *50 *50 25 25 Incentive (fixed-price or cost) (other than award fee) (**) *50 (**) 25 Cost-reimbursement (includes cost-plus-award-fee; excludes other cost-type incentive contracts) ***25 ***25 15 15

* The Contracting Office may increase the Contractor's sharing rate to as high as 75 percent for each VECP.

** Same sharing arrangement as the contract's profit or fee adjustment formula.

*** The Contracting Office may increase the Contractor's sharing rate to as high as 50 percent for each VECP.

(g) Calculating net acquisition savings.

(1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract,

(ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see paragraph (i)(4) of this clause). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings.

(2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentage sharing rate (see paragraph (f) of this clause). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized.

(3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings.

(4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments.

(h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall-

(1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract;

(2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount;

(3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment;

(4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings;

and

(5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following:

(i) Fixed-price contracts-add to contract price.

(ii) Cost-reimbursement contracts-add to contract fee.

(i) Concurrent and future contract savings.

(1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with paragraph (h)(5) of this clause. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract.

(2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by-

(i) Subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset; and

(ii) Multiplying the result by the Contractor's sharing rate.

(3) The Contracting Officer shall calculate the Contractor's share of future contract savings by-

(i) Multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period;

(ii) Subtracting any Government costs or negative instant contract savings not yet offset; and

(iii) Multiplying the result by the Contractor's sharing rate.

(4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The Contractor's share shall be included in a modification to this contract (see paragraph (h)(3) of this clause) and shall not be subject to subsequent adjustment.

(5) Alternate no-cost settlement method. When, in accordance with section 48.104-4 of the Federal Acquisition Regulation (FAR), the Government and the Contractor mutually agree to use the no-cost settlement method, the following applies:

(i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only.

(ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings.

(j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm-fixed-price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings.

(k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target.

(l) Subcontracts. The Contractor…