W9127N26BA016 Miller-Rice Islands Pile Dike System Repairs_Specifications.pdf

Solicitation

W9127N26BA016

Wahkiakum County, Washington

MILLER-RICE ISLANDS PILE DIKE SYSTEM REPAIRS

Project Manual

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

Created On:

22 Jun 2026, 12:41 PM Central Daylight Time

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

MILLER-RICE PILE DIKE REPAIRSInstrument Name:

LOCATION OF PERFORMANCE: COLUMBIA RIVER BETWEEN RIVER MILES 22.75 AND

24.63 MAGNITUDE OF CONSTRUCTION: $25,000,000.00 TO $100,000,000.00 NAICS: 237990 -

OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION , SIZE STANDARD $45M

SOCIOECONOMIC: 100% SMALL BUSINESS SET-ASIDE

00 00 00-3

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

CLIN Totals

Mandatory CLINS Total:

Optional CLINS Total:

Grand Total:

*** END OF NARRATIVE ***

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Mobilization and Demobilization Product Service Code: Z2QA Pricing Arrangement: Firm Fixed Price

1 Job

0002 Rock Placement Pile Dike 24.63 Product Service Code: Z2QA Pricing Arrangement: Firm Fixed Price

1 Job

0003 Marker Pile installation Product Service Code: Z2QA Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Rock Placement Pile Dike 23.81 Product Service Code: Z2QA Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Rock Placement Pile Dike 23.71 and Connector Product Service Code: Z2QA Pricing Arrangement: Firm Fixed Price

1 Job

00 10 00-4

Section 00 21 00 - Instructions

E-VERIFY

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.

gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

(End of provision)

*** END OF NARRATIVE ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation 2026-O0038)

2026-02

52.214-6 Explanation to Prospective 1984-04

00 21 00-1

Bidders.

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

(Deviation 2026-O0038)

2026-02

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)

2026-02

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.

2014-05

52.233-2 Service of Protest. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

00 21 00-2

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.216-1 Type of Contract. (Deviation 2026-O0038)

2026-02

Type of Contract (Feb 2026) (Deviation 2026-O0038)

The Government contemplates award of a contract resulting from this Firm Fixed-Price solicitation.

(End of provision)

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening(a) of bids, may be cause for rejection of the bid.

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond(b) e.g., supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

To unsuccessful bidders as soon as practicable after the opening of bids; and(1)

To the successful bidder upon execution of contractual documents and bonds (including any(2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

The amount of the bid guarantee shall be percent of the bid price or ,(c) 20 $3,000,000.00 whichever is less.

00 21 00-3

If the successful bidder, upon acceptance of its bid by the Government within the period(d) specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

In the event the contract is terminated for default, the bidder is liable for any cost of(e) acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/browse/index/far

Revolutionary FAR Overhaul: https://www.acquisition.gov/sites/default/files /page_file_uploads/RFO.pdf

Defense Federal Acquisition Regulation Supplement: https://www. acquisition.gov/dfars

DFARS Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html

Army Federal Acquisition Regulation Supplement: https://www. acquisition.gov/afars

(End of provision)

52.252-5 Authorized Deviations in Provisions.

2020-11

00 21 00-4

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (a) (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any provision with an authorized(b) (DFARS)(48 CFR Chapter 2) deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7025 Notice of Cybersecurity Maturity Model Certification Level Requirements.

2025-11

NOTICE OF CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL

REQUIREMENTS (NOV 2025)

(a) . As used in this provision, "controlled unclassified information (CUI),"Definitions "current," "Cybersecurity Maturity Model Certification (CMMC) status," "Cybersecurity Maturity Model Certification unique identifier (CMMC UID)," "Federal contract information (FCI)", and "plan of action and milestones" have the meaning given in the Defense Federal Acquisition Regulation Supplement 252.204-7021, Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements, clause of this solicitation.

(b)(1) . The CMMC level required Cybersecurity Maturity Model Certification (CMMC) level by this solicitation is: . This CMMC level, or higher (see 32 CFR part 170), CMMC Level 1 (Self) is required prior to award for each contractor information system that will process, store, or transmit Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract.

(2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicitation if the Offeror does not have, for each of the contractor information systems that will process, store, or transmit FCI or CUI and that will be used in performance of a contract resulting from this solicitation-

00 21 00-5

(i) The current CMMC status entered in the Supplier Performance Risk System (SPRS) ( ) at the CMMC level required by paragraph (b)(1) of this provision; https://piee.eb.mil and

(ii) A current affirmation of continuous compliance with the security requirements identified at 32 CFR part 170 in SPRS.

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

(d) . The Offeror shall provide, in the proposal, the CMMC uniqueCMMC unique identifiers identifier(s) (CMMC UIDs) issued by SPRS for each contractor information system that will process, store, or transmit FCI or CUI during performance of a contract, task order, or delivery order resulting from this solicitation. The Offeror also shall update the list when new CMMC UIDs are generated in SPRS. The CMMC UIDs are provided in SPRS after the Offeror enters the results of self-assessment(s) for each such information system.

(End of provision)

00 21 00-6

Section 00 21 13 - Instructions to Bidders

BIDDER INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Inquiries will not be accepted or less prior to bid close date. Telephone and email inquiries will not 10 calendar days be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE.

ProjNet-Bidsm can be accessed through ProjNetsm at https://www. projnet.org/projnet/. To access the ProjNet-Bidsm website the first time:

1) Click the Bid tab

2) Click Bidder Inquiry. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key 2KFSDA-FTMUBG

Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only)

Establish secret question and answer which will be used as a password. (required on first project only)

4) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

5) Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

6) For a specific step-by-step for POSTING YOUR INQUIRIES, is available in the Reference link on the Contract Viewer.

7) For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1- 800-428- HELP, which operates from 8AM to5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com. No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

ELECTRONIC SUBMISSION INSTRUCTIONS

00 21 13-1

HARD COPY SUBMISSIONS WILL NOT BE CONSIDERED.

Bids are due no later than the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable. Bids received at the Government Point of Entry after the date and time in block 13.

A. of the solicitation will be considered a late bid, and will not be considered for award.

Offeror shall submit its Bid via email to Chris Burroughs at christopher.d.burroughs@usace. army.

mil and Justin Figueredo at justin.f.figueredo@usace.army.mil.

Offerors should enter a description for every file submitted. For files over 20 megabytes (MB) the offeror shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e. "one of four").

Once all of the emails submitted have been received, the Government will confirm receipt via return email. If an offeror submits multiple bids, the Government will only consider the last bid submitted prior to the bid due date and time.

The electronic Bid shall be in Portable Document Format, filename extension: ".pdf" and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the Bid table of contents.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire Bid (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus-free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 14.302.

The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

BID OPENING

No hard copy documents are allowed to be submitted at the bid opening. Due to the requirement that bids be submitted electronically only, bid opening is scheduled for one hour following the bid due date and time to allow the Contracting Office time to download all bid documents.

The bid opening will be held telephonically at , local time, on the date bids are due. 12:00 pm Offerors wishing to participate in the telephonic bid opening shall email a list of their participants to both Chris Burroughs at christopher.d.burroughs@usace.army.mil and Justin Figueredo at justin.f.

figueredo@usace.army.mil. In the email subject line use title, "W9127N26BA016 Miller-Rice Pile

00 21 13-2

Dike Repairs Bid Opening". The telephone number and security passcode for offerors to utilize will be provided via return email to the offerors initial email including the list of its participants. There will be no physical bid opening held at the Portland District, therefore, offerors are advised that they shall not plan to attend a bid opening in person on the day of bid opening.

SPECIAL CONTRACT REQUIREMENTS

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

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 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.

5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.

S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.

gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

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

Line 6 Contract/reference number: W9127N26BA016

Line 7 "Name and address of the acquiring agency":

USACE Portland District

333 SW First Avenue

Portland, Oregon 97204-3440

503-808-4616

00 21 13-3

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

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

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. 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.

RFO 29.204 expressly states that, "Agencies merely withhold the tax for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, such as the imposition of or exemption from the tax, are matters under IRS jurisdiction."

Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability.

Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed 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 ***

00 21 13-4

Section 00 22 00 - Supplementary Instructions

In accordance with 52.102(c), the following provisions and clauses, available at www. acquisition.

gov, require your review and action:

52.219-28

52.222-5

52.229-11

52.236-13 Alt.1

252.236-7001

*** END OF NARRATIVE ***

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.217-5 Evaluation of Options. (Deviation 2026-O0038)

2026-02

Evaluation of Options (Feb 2026) (Deviation 2026-O0038)

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

00 22 00-1

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.223-1 Biobased Product Certification.

(Deviation 2026-O0038)

2026-02

52.223-4 Recovered Material Certification. 2008-05

52.229-12 Tax on Certain Foreign Procurements.

2021-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information

2016-10

00 45 00-1

Controls.

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

2022-05

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

2022-08

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

2023-06

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.

1995-06

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (Deviation 2026- O0038)

2026-02

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

00 45 00-2

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

Certification Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that-

00 45 00-3

(i) The Offeror and/or any of its Principals-

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)

(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.

g., general manager; plant manager; head of a division or business segment; and similar positions).

00 45 00-4

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

00 45 00-5

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

00 45 00-6

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(Deviation 2026-O0038)

2026-02

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2026) (Deviation 2026-O0038)

(a) The Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

00 45 00-7

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.209-13 Violation of Arms Control Treaties or Agreements- Certification. (Deviation 2026- O0038)

2026-02

Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026- O0038)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

[ ] (1) The Offeror certifies that-

00 45 00-8

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.

2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

[ ] (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there.

Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, 00 45 00-9 nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation

00 45 00-10 of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

52.219-2 Equal Low Bids. (Deviation 2026- O0038)

2026-02

Equal Low Bids (Feb 2026) (Deviation 2026-O0038)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

00 45 00-11

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

00 45 00-12

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

00 45 00-13

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

2020-06 Deviation 2022- O0001

2021-10

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-7 Withholding of Funds. (Deviation 2026-O0038)

2026-02

52.228-11 Pledges of Assets (DEVIATION 2020-O0016)

2021-02 Deviation 2020- O0016

2020-04

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.240-93 Basic Safeguarding of Covered Contractor Information Systems.

(Deviation 2026-O0038)

2026-02

DFARS Clauses Incorporated by Reference

00 70 00-1

Date

Alternate Deviation

Variation Effective Date

252.215-7994 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (DEVIATION 2026-O0048)

2026-03 Deviation 2026- O0048

2026-03

252.226-7003 Drug-Free Work Force. 2024-08

252.227-7991 Rights in Bid or Proposal Information. (DEVIATION 2026- O0036)

2026-02 Deviation 2026- O0036

2026-02

252.227-7996 Technical Data--Withholding of Payment. (DEVIATION 2026- O0036)

2026-02 Deviation 2026- O0036

2026-02

252.227-7997 Validation of Asserted Restrictions. (DEVIATION 2026- O0036)

2026-02 Deviation 2026- O0036

2026-02

252.240-7997 NIST SP 800-171 DoD Assessment Requirements.

(DEVIATION 2026-O0025)

2026-02 Deviation 2026- O0025

2026-02

252.244-7999 Subcontracts for Commercial Products or Commercial Services. (DEVIATION 2026- O0015)

2026-02 Deviation 2026- O0015

2026-01

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective

00 70 00-2

52.217-7 Option for Increased Quantity- Separately Priced Line Item.

1989-03

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule.