Solicitation - W912EF27QA006.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

LLA - Fish Pump Motor RewindInstrument Name:

Product Service Code : J043

1. SAM.gov Requirements:

This is a request for quote for solicitation W912EF27QA006 - LLA - Fish Pump Motor Rewind for the U.S. Army Corps of Engineers, Walla Walla District, at 201 North 3rd Ave, Walla Walla, WA, 99362

The System for Award Management (SAM) is online. SAM replaced FBO. If you have been using

FBO,

you should now go to www.sam.gov to find your information.

Registration at www.sam.gov is required. Failure to register in the SAM database will make an offeror ineligible for award. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record.

The notarized letter is mandatory and is required in order for the GSA Federal Service Desk (FSD) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active.

Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

In accordance with RFO FAR 52.229-3 Federal, State, and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

2. General Contract Information:

W912EF27QA006

TO ENSURE RECEIPT OF YOUR QUOTE, PLEASE SEND TO THE ATTENTION OF Zachary Newby

AT Zachary.s.Newby@usace.army.mil

Please return all pages of this request for quote. Be sure to also complete Blocks 17a, 30a, 30b, and 30c on page 1.

Name: _____________________________________________________________

Contact Telephone Number: ____________________________________________

Email Address: __________________________________________________________________

Company's Federal Tax Identification Number:

CAGE CODE: _________________________ Unique Entity ID (UEI):

Total Amount of Contract: ____________________________

Is your company registered on-line in SAM (www.sam.gov)? YES / NO

ADDENDUM TO RFO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Submission of Price Quote - Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items).

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all line items listed in the solicitation / amendments.

4. Provide all information requested in section "2. General Contract Information."

***Quotes/Offers that fail to include all of the required documentation listed above, or all requirement(s) stated in the solicitation (including clauses and provisions), may be deemed technically unacceptable***

PRICES QUOTED MUST BE VALID FOR 30 DAYS FROM SOLICITATION DUE DATE.

Solicitation shall result in a firm-fixed-price contract. All pricings shall include shipping FOB destination (include shipping cost in price).

BUSINESS HOURS: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding federal holidays.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with RFO FAR Subpart 12.2 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value based on price.

3. BIDDER INQUIRY:

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a website that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment/question will receive an acknowledgement of the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: D9DYMU-UNN28P

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be use from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit".

2. This is the window where you will enter your questions.

a.) Comment Classification: Click on the down arrow to the right of the words "Please select from below", select "Public".

b.) Discipline: This is where you select who this question should be directed to. Example, if the question is about an electrical drawing or specification select: "Electrical" from the pull-down list.

c.) Sheet. Enter the sheet number of the drawing you are asking about.

d.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

e.) Specification. Enter the Specification number and paragraph number.

f.) File. Use this if you are going to attach a pdf file.

g.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk at ProjNet: Public User, (833) 389-1097 or 217-367-3273, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.

info Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive. Your quote must be valid for 30 calendar days after the due date specified for receipt of quotations. Please include shipping costs in the quoted price of each item.

4. SPECIAL CONTRACT REQUIREMENTS:

1) FAR provision 52.229-11 and FAR 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 FR55133 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 FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.

5000C 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: W912EF27QA006

Line 7 "Name and address of the acquiring agency": US Army Corps of Engineers, Walla Walla District 201 North Third Ave, Walla Walla, WA 99362-1876

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.

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. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor's responsibility to set aside, or remit to the IRS, the amount confirmed by USACE.

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.

FAR 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 are presentation 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 FAR 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.

*** END OF NARRATIVE 1 ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 ADULT FISH PUMP #3 MOTOR

REWIND (IDEAL ELECTRIC

SINGLE WINDING)

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0002 (Use Pricing Schedule provided in Section H, Special Contract Requirements, below) T&M:

ASBESTOS ABATEMENT HOURS

AND SHOP REPAIR HOURS

(NTE) [#3 MOTOR] All abatement and repairs found during inspection that are not covered under CLIN 0001 will be priced and submitted to the Contracting Officer in writing.

For Labor Rates, see section H, Special Contract Requirements

"TIME & MATERIALS

INSTRUCTIONS"

Product Service Code: J043

Pricing Arrangement: Time and Materials

1 Labor Hours

0003 ADULT FISH PUMP #3 MOTOR

FINAL OPERATION AND

MAINTENANCE MANUALS

1 Job

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

0004 ADULT FISH PUMP #3 MOTOR

ON-SITE COMMISSIONING

SUPPORT

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0005 ADULT FISH PUMP #1 MOTOR

REWIND (HITACHI DUAL

WINDING)

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0006 (Use Pricing Schedule provided in Section H, Special Contract Requirements, below) T&M:

ASBESTOS ABATEMENT HOURS

AND SHOP REPAIR HOURS

(NTE) [#1 MOTOR] All abatement and repairs found during inspection that are not covered under CLIN 0005 will be priced and submitted to the Contracting Officer in writing.

For Labor Rates, see section H, Special Contract Requirements

"TIME & MATERIALS

INSTRUCTIONS"

Product Service Code: J043

1 Labor Hours

Pricing Arrangement: Time and Materials

0007 ADULT FISH PUMP #1 MOTOR

FINAL OPERATION AND

MAINTENANCE MANUALS

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0008 ADULT FISH PUMP #1 MOTOR

ON-SITE COMMISSIONING

SUPPORT

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0009 ADULT FISH PUMP #2 MOTOR

REWIND (IDEAL ELECTRIC

SINGLE WINDING)

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0010 (Use Pricing Schedule provided in Section H, Special Contract Requirements, below) T&M:

ASBESTOS ABATEMENT HOURS

AND SHOP REPAIR HOURS

(NTE) [#2 MOTOR] All abatement and repairs found during inspection that are not covered under CLIN

1 Labor Hours

0009 will be priced and submitted to the Contracting Officer in writing.

For Labor Rates, see section H, Special Contract Requirements

"TIME & MATERIALS

INSTRUCTIONS"

Product Service Code: J043

Pricing Arrangement: Time and Materials

0011 ADULT FISH PUMP #2 MOTOR

FINAL OPERATION AND

MAINTENANCE MANUALS

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0012 ADULT FISH PUMP #2 MOTOR

ON-SITE COMMISSIONING

SUPPORT

Product Service Code: J043

Pricing Arrangement: Firm Fixed Price

1 Job

0013 DO NOT PRICE - Government Furnished Property (GFP) - GFP must be administered in accordance with attachment # 0002 (GFP Tracker) and Section H

"LISTING OF GOVERNMENT-

FURNISHED PROPERTY".

Continuation of Description

Requirements LLA - Fish Pump Motor Rewind

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0002 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0003 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0004 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0005 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0006 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0007 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0008 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0009 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0010 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0011 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

0012 Inspection and Acceptance Location

Both Destination Instructions: Government shall have 7 business days from the time of receipt /completion to accept/reject products/services rendered by the KTR.

DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS

POMEROY, WA 99347-9758

UNITED STATES

David Ratliff

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery On Or Before Delivery Date 30 Sep 2027

1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0002 Delivery Schedule Delivery On Or Before Delivery Date 30 Sep 2027

1 Labor HoursQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0003 Delivery Schedule Delivery On Or Before Delivery Date 30 Oct 2027

1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0004 1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

Period of Performance From 15 Dec 2027 To 24 Dec 2027

0005 Delivery Schedule Delivery On Or Before Delivery Date 28 Sep 2028

1 JobQuantity

Address and POC

Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0006 Delivery Schedule Delivery On Or Before Delivery Date 28 Sep 2028

1 Labor HoursQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0007 Delivery Schedule Delivery On Or Before Delivery Date 30 Oct 2028

1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0008 1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

Period of Performance From 13 Dec 2028 To 22 Dec 2028

0009 Delivery Schedule Delivery On Or Before Delivery Date 01 Oct 2028

1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0010 Delivery Schedule Delivery On Or Before Delivery Date 01 Oct 2028

1 Labor HoursQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0011 Delivery Schedule Delivery On Or Before Delivery Date 01 Nov 2028

1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

0012 1 JobQuantity

Address and POC Place of Performance DoDAAC: 960558

ARMY CORPS OF ENGINEERS CIVIL WORKS

LOWER GRANITE DAM O&M SECTION, 885 ALMOTE FERRY RD WALLA WALLA

DIS POMEROY, WA 99347-9758 UNITED STATES

David Ratliff

Period of Performance From 12 Dec 2029 To 21 Dec 2029

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

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

2017-01

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

2026-02

52.204-14 Service Contract Reporting Requirements. (Deviation 2026- O0038)

2026-02

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

2026-02

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

2026-02

(Deviation 2026-O0038)

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

2026-02

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

2026-02

52.219-16 Liquidated Damages- Subcontracting Plan. (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

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

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

2024-05

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2026-02

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- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

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

2024-05

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

2023-01

252.204-7022 Expediting Contract Closeout. 2021-05

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

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

2023-06

Uyghur Autonomous Region.

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

2023-01

252.232-7003 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

252.245-7005 Management and Reporting of Government Property.

2024-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2026-02 Alternate I 2026-02

Alternate I (Feb 2026) (Deviation 2026-O0038). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

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

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate:

____[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. ____[Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: ____[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'".]

(2) Indirect costs (material handling, subcontract administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:____[Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided.

(If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) Total cost. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government will pay any such increases within 30 days, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) The Contracting Officer will issue a final decision if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.