Solicitation - W912PB26QA012 Professional Appearance.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

Maintenance and Repair Work at Refuse Shredder at USAG Bavaria, Instrument Name:

Grafenwoehr

Regional Contracting Office POC

Contract Specialist

CPT Samuel Boateng

Phone: DSN 314-526-8751 / 09641-70-526-8751

Email: samuel.boateng2.mil@army.mil

Contracting Officer

MSG Keandre Malone

DSN: (314) 526-8725

Phone: +49-9641-70-526-8725

E-mail: keandre.d.malone.mil@army.mil

Customer POC: (To be added at time of award)

NOTE to the Contractor: Do not contact the Customer POC regarding any issues, including late deliveries, as they are not authorized to approve or resolve them. All concerns must be directed to the Contracting Office. Only the KO has the authority to make commitments or modifications affecting price, quality, quantity, delivery, or any other contractual terms. For reference, see PWS and DFARS clause 252.201-7000, Contracting Officer's Representative.

Short Description of Requirement

Maintenance and Repair Work at Refuse Shredder at USAG Bavaria, Grafenwoehr

PERIOD OF PERFORMANCE

W912PB26QA012

The PoP for this contract is 01 August 2026 - 31 July 2031, covering the base year and all option years.

The PoP shown herein is tentative. The Government expects to make an award before that date, however, should an award be made after that date, there will be a change on the contractual document and the award must be signed/accepted by the contractor.

SAM AND WAWF INFO

1. SAM BACKGROUND

The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government. Entities must have an active registration in SAM to do business with the U.S. Government. An "entity" is the company, business, or organization registering in

SAM.

2. WIDE AREA WORKFLOW (WAWF) BACKGROUND

WAWF (as part of PIEE - Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports;

allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.

3. TYPE OF CONTRACT

a. The contract from this Request for Quote (RFQ) will be a single award firm fixed priced, Indefinite Delivery - Indefinite Quantity (IDIQ) Contract.

b. The maximum contract amount is $4,000,000.00 for the entire contract period.

c. The guaranteed minimum is $18,000.00.

IMPORTANT NOTE

Please see further instructions to offerors in the ADDENDA section of this document.

*** END OF NARRATIVE ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Performance of Maintenance and Inspection Services at the Artech Shredder Unit and Stationary Processing Units IAW the Performance Work Statement (PWS), CLS411- Attachment No 01, as well as all pertinent Manufacturer Guidelines and Occupational Health- and Safety Regulations (Refer to Item No 0001 - ELIN's 0001AA - 0001AS) Pricing Arrangement: Firm Fixed Price

1 Job

0002 Performance of repair work IAW the PWS. Contractor/ Subcontractor assessed hourly rate if additional repair work outside the routine maintenance work will occur (skilled tradesman only) Pricing Arrangement: Labor Hour

750 Hours

0003 Delivery of Material and Spare Parts IAW the PWS as well as well as Attachment 1-CLS. (DO NOT ENTER PRICE: Government assessed amount at time of contract award. Settlement is based on contractor cost estimates).

Pricing Arrangement: Time and Materials

1 Job

Option Line Item

Performance of Maintenance and Inspection Services at the Artech Shredder Unit and Stationary Processing Units IAW the Performance Work Statement (PWS), CLS411-

1 Job

Attachment No 01, as well as all pertinent Manufacturer Guidelines and Occupational Health- and Safety Regulations (Refer to Item No 0001 - ELIN's 0001AA - 0001AS) Pricing Arrangement: Firm Fixed Price

Option Line Item

Performance of repair work IAW the PWS. Contractor/ Subcontractor assessed hourly rate if additional repair work outside the routine maintenance work will occur (skilled tradesman only) Pricing Arrangement: Labor Hour

770 Hours

Option Line Item

Delivery of Material and Spare Parts IAW the PWS as well as well as Attachment 1, CLS (DO NOT ENTER PRICE: Government assessed amount at time of contract award. Settlement is based on contractor cost estimates).

Pricing Arrangement: Time and Materials

1 Job

Option Line Item

Performance of Maintenance and Inspection Services at the Artech Shredder Unit and Stationary Processing Units IAW the Performance Work Statement (PWS), CLS411- Attachment No 01, as well as all pertinent Manufacturer Guidelines and Occupational Health- and Safety Regulations (Refer to Item No 0001 - ELIN's 0001AA - 0001AS) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Performance of repair work IAW the PWS. Contractor/ Subcontractor

790 Hours assessed hourly rate if additional repair work outside the routine maintenance work will occur (skilled tradesman only) Pricing Arrangement: Labor Hour

Option Line Item

Delivery of Material and Spare Parts IAW the PWS as well as well as Attachment 1, CLS (DO NOT ENTER PRICE: Government assessed amount at time of contract award. Settlement is based on contractor cost estimates).

Pricing Arrangement: Time and Materials

1 Job

Option Line Item

Performance of Maintenance and Inspection Services at the Artech Shredder Unit and Stationary Processing Units IAW the Performance Work Statement (PWS), CLS411- Attachment No 01, as well as all pertinent Manufacturer Guidelines and Occupational Health- and Safety Regulations (Refer to Item No 0001 - ELIN's 0001AA - 0001AS) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Performance of repair work IAW the PWS. Contractor/ Subcontractor assessed hourly rate if additional repair work outside the routine maintenance work will occur (skilled tradesman only) Pricing Arrangement: Labor Hour

810 Hours

Option Line Item

Delivery of Material and Spare Parts IAW the PWS as well as well as Attachment 1, CLS (DO NOT ENTER PRICE: Government assessed amount at time of contract award. Settlement is based on contractor cost estimates).

1 Job

Pricing Arrangement: Time and Materials

Option Line Item

Performance of Maintenance and Inspection Services at the Artech Shredder Unit and Stationary Processing Units IAW the Performance Work Statement (PWS), CLS411- Attachment No 01, as well as all pertinent Manufacturer Guidelines and Occupational Health- and Safety Regulations (Refer to Item No 0001 - ELIN's 0001AA - 0001AS) Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Performance of repair work IAW the PWS. Contractor/ Subcontractor assessed hourly rate if additional repair work outside the routine maintenance work will occur (skilled tradesman only) Pricing Arrangement: Labor Hour

830 Hours

Option Line Item

Delivery of Material and Spare Parts IAW the PWS as well as well as Attachment 1, CLS (DO NOT ENTER PRICE: Government assessed amount at time of contract award. Settlement is based on contractor cost estimates).

Pricing Arrangement: Time and Materials

1 Job

Continuation of Description

Requirements Maintenance, Repair and Inspection at the Artech Shredder Unit and Stationary Processing Units at USAG Bavaria, Tower Barracks

Product Service Code : J036 North American Industry Classification System (NAICS) : 811310

Product Service Code : J036 North American Industry Classification System (NAICS) : 811310

Product Service Code : J036 North American Industry Classification System (NAICS) : 811310

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

2003 Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Line Item

Inspection and Acceptance Location

Both Destination Instructions: None

DoDAAC: W907E7 CountryCode: USA

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, UNIT 28130

APO, AE 09114

UNITED STATES

Continuation of Deliveries or Performance

0001 1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2026 To 31 Jul 2027

0002 750 HoursQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2026 To 31 Jul 2027

0003 1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance

From 01 Aug 2026 To 31 Jul 2027

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2027 To 31 Jul 2028

Option Line Item

770 HoursQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2027 To 31 Jul 2028

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2027 To 31 Jul 2028

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2028 To 31 Jul 2029

Option Line Item

790 HoursQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2028 To 31 Jul 2029

Option Line

1 JobQuantity

Item

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2028 To 31 Jul 2029

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2029 To 31 Jul 2030

Option Line Item

810 HoursQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2029 To 31 Jul 2030

Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2029 To 31 Jul 2030

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2030 To 31 Jul 2031

Option Line Item

830 HoursQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2030

To 31 Jul 2031

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W907E7

Period of Performance From 01 Aug 2030 To 31 Jul 2031

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)

2026-02

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

2026-02

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

2026-02

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

2024-05

52.232-33 Payment by Electronic Funds 2018-10

Transfer-System for Award Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

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

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

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

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01

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

2023-01

252.225-7060 Prohibition on Certain 2023-06

Procurements from the Xinjiang 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

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions- Commercial Products and Commercial Services.

(Deviation) (Alternate I)

2026-02 Alternate I 2026-02

Alternate I . When contemplating a time-and-materials or labor-hour (Feb 2026) (Deviation) 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:

; 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. ____

(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) . The Government will pay the Contractor as follows upon the submission of Work performed 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.

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

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

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be 3 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-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(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-

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

( ) Makes these payments within 30 days of the submission of the Contractor's payment 2 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-

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

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

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

( ) . The Government will reimburse the Contractor on the basis of actual cost 1 Other direct costs for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: ____ None

( . The Government will 2) Indirect costs (material handling, subcontract administration, etc.)

reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:_None

(2) . The total cost to the Government for the performance of this contract shall not Total cost 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) . The Government will not be obligated to pay the Contractor any amount in Ceiling price 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) . At any time before final payment under this contract, the Contracting Access to records 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) . Each payment previously made shall be subject to Overpayments/Underpayments 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) . The Contractor, and each assignee under an assignment entered into Release of claims 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) . The Government will make payment in accordance with the Prompt Prompt payment Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(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) . The Government reserves the right to Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work under this contract and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) . The Government may terminate this contract, or any part hereof, for Termination for cause cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

Combating Trafficking in Persons (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item -

(1) Means any item of supply (including construction material) that is-

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations;

background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents must not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States);

except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause must not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor must provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor must not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards;

or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document must be in a language the employee understands. If the employee must relocate to perform the work, the work document must be provided to the employee at least five days prior to the employee relocating. The employee's work document must include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor must-

(1) Notify its employees and agents of-

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of…