COMBINED SOLICITATION SYNOPSIS FOR PREVENTIVE MAINTENANCE AND

REPAIR OF HEAVY EQUIPMENT AT THE FORT MIFFLIN PROJECT OFFICE

Project Title: Preventive Maintenance and Repair of Heavy Equipment at the Fort Mifflin Project Office

Solicitation No: W912BU26QA024

NAICS Code: 811310- Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

Product Service Code (PSC): J038- Maintenance, Repair, and Rebuilding of Equipment- Construction, Mining, Excavating, and Highway Maintenance Equipment

Responses due: 30 October 2026, by 3:00PM EDT

1. DESCRIPTION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with RFO FAR Part 12. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued.

Solicitation number W912BU26QA24 is issued as a request for quotation (RFQ), for Preventive Maintenance of Heavy Equipment at the Fort Mifflin Project Office.

This acquisition is a full and open competition requirement. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

2. LINE ITEMS/CLINS-

ITEMS/ CLINS SUPPLIES/SERVICES UNIT

0001 Base Year 1 Job

1001 Base Year 2 Job

2001 Base Year 3 Job

3001 Base Year 4 Job

4001 Base Year 5 Job

The total contract value shall have a maximum ceiling of One Million Dollars ($1,000,000.00), with a minimum guaranteed amount of Five Thousand Dollars ($5,000.00). The period of performance shall be five (5) years.

3. DESCRIPTION OF REQUIREMENT FOR THE ITEMS BEING ACQUIRED

The U.S. Army Corps of Engineers, Philadelphia District, intends to award a Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for Preventative Maintenance and Repair of Heavy Equipment for the Fort Mifflin Project Office within the USACE Philadelphia (NAP) District area of responsibility in accordance with the attached Performance Work Statement (PWS).

DATE AND PLACE OF DELIVERY AND ACCEPTANCE:

ITEMS /CLINS DELIVERY INFORMATION

Ordering Period:

TBD

Place of Performance:

Fort Mifflin Project Office Philadelphia, PA

Address and POC:

David C. Evinger

TBD

Place of Performance:

Fort Mifflin Project Office Philadelphia, PA

TBD

Place of Performance:

Fort Mifflin Project Office Philadelphia, PA

TBD

Place of Performance:

Fort Mifflin Project Office Philadelphia, PA

TBD

Place of Performance:

Fort Mifflin Project Office Philadelphia, PA

4. SOLICITATION PROVISIONS

NUMBER TITLE (Incorporated by Reference)

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

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

Representation

52.204-7 System for Award Management—Registration

52.204-90 Offeror Identification

52.209-12 Certification Regarding Tax Matters

52.212-2 Evaluation—Commercial Products and Commercial Services

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.223-4 Recovered Material Certification

52.225-2 Buy American Certificate

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

52.229-12 Tax on Certain Foreign Procurements.

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD Officials

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

252.225-7031 Secondary Arab Boycott of Israel

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

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

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

PROVISIONS INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

Instructions to Offerors—Commercial Products and Commercial Services

(a) Submission of Quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quotes shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Quoters;

(3) The Quoter’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Quoters completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of quotes. The Quoter agrees to hold the prices in its quotes firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quoters and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any quote, modification, or revision received after the time specified for receipt of quotes is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. However, a late modification of an otherwise successful quote that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quoters may withdraw their quotes by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions with Quoters. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all quotes if such action is in the public interest, accept other than the lowest quote, and waive informalities and minor irregularities in quotes received.

(e) Debriefings. If a postaward debriefing is given to requesting Quoters, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Quoter’s quote.

(2) The overall evaluated cost or price and technical rating of the successful Quoter and the debriefed Quoter and past performance information on the debriefed Quoter.

(3) The overall ranking of all Quoters when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Quoter.

(6) Reasonable responses to relevant questions posed by the debriefed Quoter as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services.

Evaluation—Commercial Products and Commercial Services

Evaluation-Commercial Products and Commercial Services (Feb 2026)

• Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors will be used to evaluate quotes: Factor 1: Technical, Factor 2: Past Performance, Factor 3: Small

Business Participation, and Factor 4: Price.

Factor 1: Technical

The Quoter’s technical approach will be evaluated based upon their understanding of the objectives of the Performance Work

Statement (PWS) and planned execution of the project. This refers to the manner in which the Quoter proposes to plan, manage, control, and provide the services and deliverables. The extent to which the Quoter demonstrates a solid understanding of addressing anticipated problems, issues, constraints, organizations and system(s) involved and the approach and methodologies proposed to ensure successful accomplishment of all tasks in the PWS will be evaluated. The Government will evaluate the Quoter’s proposed technical approach based on their demonstrated understanding of the objectives of the PWS and planned execution of the project and will be assigned a confidence rating. The following elements will be evaluated:

a) The manner in which the Quoter’s proposes to plan, manage, control, and provide the required services and deliverables;

b) The extent to which the Quoter understands the problems, issues, constraints, organizations and system(s) involved;

c) The methodologies proposed to ensure successful accomplishment of the work.

Factor 2: Past Performance

The Government will assess its confidence that the Quoter will successfully perform the work, by evaluating the Quoter’s demonstrated experience from three (3) to five (5) contracts performed within the past five (5) years (from the date of this RFQ release). Prior experience will be evaluated to assess the expectation of successful outcomes based on the extent to which the Quoter has successfully performed on systems similar to the portal requirements described in the PWS. The Government will also evaluate the relevance of the Quoter’s demonstrated prior experience to the PWS technical and business solution; and successful execution of agile processes.

One performance evaluation must be provided for each project submitted as part of the past performance submittal. The Quoter must provide performance evaluations for the submitted projects that demonstrate the Quoter’s performance on recent and relevant projects. The Quoter must provide formal performance evaluation if available. Formal performance evaluations are those received from public or private entities similar to the Contractor Performance Assessment Reporting System (CPARS). The Government’s preference is the formal evaluation. If the formal evaluation is included, a Past Performance Questionnaire (PPQ) is NOT required or desired.

If a formal evaluation is unavailable, the Quoter must obtain the information using the form entitled, “NAVFAC/USACE Past

Performance Questionnaire” included. The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the

Quoter or its team members to submit to the client for each project the Quoter includes in its RFQ submission response.

Factor 3: Small Business Participation

Table 2- Factor 3 Small Business Rating

TABLE 2 - Small Business Ratings

Color Rating Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the small business objectives.

Purple Good Proposal indicates a thorough approach and understanding of the small business objectives.

Green Acceptable Proposal indicates an adequate approach and understanding of small business objectives.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the small business objectives.

Red Unacceptable Proposal does not meet small business objectives.

All quoters, including small businesses and other than small businesses with existing commercial or comprehensive subcontracting plans--must submit a Small Business Participation Commitment Document (SBPCD). This document specifies the level and degree of commitment to utilizing small business concerns, which will be legally incorporated into the resulting contract and monitored annually through the Quality Assurance Surveillance Plan (QASP). Other than Small Businesses are also required to submit a small business subcontracting plan in accordance with RFO FAR 52.219-9.

The Government will evaluate each SBPCD based on the extent to which the quoter identifies and commits to small business performance, specifically looking at four key areas:

1) The proposal must clearly identify the specific small business socioeconomic programs from RFO FAR Part 19 to be utilized, such as Small Disadvantaged, Woman-Owned, HUBZone, and Service-Disabled Veteran-Owned businesses.

2) The Government will assess the total percentage of participation relative to the Total Contract Value (TCV), placing significantly greater weight on enforceable commitments, such as signed teaming agreements, over non-enforceable ones.

3) Evaluators will judge the complexity and variety of the work designated for these small firms to ensure they are performing meaningful roles.

4) The proposed goals must be realistic yet aggressive.

For the purposes of this acquisition, TCV is defined as the cumulative value of task orders awarded throughout the life of the contract.

Small business prime quoters can meet these requirements through their own performance as the prime contractor, as well as through subcontracting. Once awarded, these commitments become binding contractual requirements. The contractor must report actual achievement results annually, and performance will be actively monitored and evaluated as part of the QASP.

Factor 4: Price

The Government will establish a "total evaluated" price based on a completed attachment labeled "Section B_FMPO Bid Schedule_

W912BU26QA024." The Government expects to receive price competition through several quotes. The "total evaluated price" will be evaluated for price reasonableness through comparison with other proposed prices and may include other price analysis techniques.

The price proposal will not be given a confidence rating but discounts and rates will be evaluated to ensure labor categories and rates are fair and reasonable.

BASIS FOR AWARD

The Government intends to award a Firm-Fixed Price (FFP) Single Award Task Order Contract (SATOC) to the responsible Quoter whose proposal represents the best value to the Government. The Government will evaluate each proposal in accordance with the evaluation factors:

• Factor 1: Technical

• Factor 2: Past Performance

• Factor 3: Small Business Participation

• Factor 4: Price

All non-priced factors when combined are equal to price. As the non-price merits of competing Quoters’ submission approach equal, Factor 4 will become more important. Quoters are cautioned that the award may not necessarily be made to the lowest priced proposal.

Evaluations will be based solely on the materials included in the submitted quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms. After receipt of proposals, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with quoters regarding proposal elements. At any time prior to selection, including upon receipt of proposal, the Government may exclude a proposal from further consideration for any material failure to follow instructions, including the omission of required information, or when the quoter is no longer considered to be among the most highly rated quoters being considered for award.

Evaluation Criteria:

Following receipt of responses, the Government may perform a comparative analysis (comparing quoters responses to one another) to select the quoter that is best suited to fulfill the requirements, based on the quoter’s responses to the factors outlined in this RFQ and their relative importance.

Table 1 - Factors 1- Confidence Ratings

High Confidence The Government has high confidence that the quoter understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the quoter understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the quoter understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Upon completion of evaluations, the Government may perform a comparative evaluation of the quotations (comparing quoters responses to one another) to select the quotation that is best suited to fulfill the requirements, based on the quoters’ responses to the criteria outlined in this RFQ and their relative importance.

The Government anticipates selecting the best-suited quoter from initial responses, without engaging in exchanges with quoters.

Quoters are strongly encouraged to submit their best technical solutions and price in response to this RFQ

Upon completing the initial evaluation, the Government will identify the single, best-suited candidate (the apparent successful quoter) and reserves the right to engage in targeted communications with only that quote to resolve any outstanding technical or pricing issues.

If the Government determines, at its sole discretion, that these issues cannot be successfully resolved, it reserves the right to terminate discussions and initiate communications with the next best-suited quoter based on the original competitive analysis.

Once the Government transitions communications to the next-ranked candidate, all discussions with the previous quoter are permanently closed and will not be reopened until after the contract has been awarded. This sequential negotiation process will continue in order of merit until a mutually acceptable agreement is reached and the Single Award Task Order Contract (SATOC) is awarded.

(b) Options (if applicable). The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of a quoter furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.216-1 Type of Contract.

TYPE OF CONTRACT

The Government contemplates award of a Firm-Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) resulting from this combined solicitation synopsis.

5. CONTRACT CLAUSES

NUMBER TITLE (Incorporated by Reference)

52.203-3 Gratuities

52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government

52.203-13 Contractor Code of Business Ethics and Conduct

52.203-17 Contractor Employee Whistleblower Rights

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

52.204-13 System for Award Management—Maintenance

52.204-91 Contractor identification

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)

52.219-6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns

52.219-9 Small Business Subcontracting Plan

52.219-33 Nonmanufacturer Rule

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-35 Equal Opportunity for Veterans

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

52.222-50 Combating Trafficking in Persons

52.222-62 Paid Sick Leave Under Executive Order 13706

52.222-90 Addressing DEI Discrimination by Federal Contractors

52.223-23 Sustainable Products and Services (DEVIATION)

52.225-1 Buy American-Supplies

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act

52.225-5 Trade Agreements

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States

52.225-26 Contractors Performing Private Security Functions Outside the United States

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

52.228-5 Insurance-Work on a Government Installation

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

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.240-91 Security Prohibitions and Exclusions

52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025-O0003)

52.245-1 Government Property

52.245-9 Use and Charges

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7004 Antiterrorism Awareness Training for Contractors

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7023 Reporting Requirements for Contracted Services – Basic

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

252.204-7022 Expediting Contract Closeout

252.205-7000 Provision of Information to Cooperative Agreement Holders

252.211-7003 Item Unique Identification and Valuation

252.211-7008 Use of Government-Assigned Serial Numbers

252.219-7996 Small Business Subcontracting Plan (DoD Contracts) (DEVIATION 2026-O0037)

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

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7000 Buy American--Balance of Payments Program Certificate—Basic

252.225-7001 Buy American and Balance of Payments Program—Basic

252.225-7012 Preference for Certain Domestic Commodities

252.225-7021 Trade Agreements.

252.225-7048 Export-Controlled Items

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.243-7002 Requests for Equitable Adjustment

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

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

CLAUSES INCORPORATED BY FULL TEXT

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

Terms and Conditions—Commercial Products and Commercial Services

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of

Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The

Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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

(3) 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.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or 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;

(D) Contractor point of contact; and

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

(5) 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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(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

(see FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in

FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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 a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, 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 which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for 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 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. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism

(e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the

System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.216-18 Ordering.

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the issuance of the last delivery order.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single service in excess of $200,000.00.

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the

Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity.

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the

Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract has expired.

(End of clause)

6. DATE, TIME, AND PLACE FOR RECEIPT OF QUOTE AND POINT OF CONTACT

Responses to this RFQ are due no later than 3:00 PM EDT Friday, October 30, 2026.

Quoters must submit any questions/RFIs they may have in writing via email to Tiffany Chisholm at tiffany.z.chisholm@usace.army.mil.

NOTE: Quoters must submit all questions and requests for clarifications/information no later than 7 October 2026 by 2:00PM EDT. The decision to respond to questions and requests for clarification received after this time and date will be at the discretion of the Contracting Officer.

To be considered for award, quotations must be received by the Government no later than the date and time specified in this solicitation. Quotations received after the established deadline will be handled in accordance with the applicable provisions of the solicitation, including RFO FAR 52.212-1(c).

Failure to submit all required materials for Government review and approval may result in the quotation being deemed non-responsive and will preclude the quotation from being evaluated for potential award.

RFQ Questions and Responses: All questions regarding this RFQ and all quotation responses shall be submitted to the following designated Government points of contact:

Contract Specialist: Tiffany Chisholm (Tiffany.Z.Chisholm@usace.army.mil)

Contracting Officer: Cherita L. Williams (Cherita.L.Williams@usace.army.mil)

Address: 1650 Arch Street, Philadelphia, PA 19103, Floor 4

Attachments:

1. Performance Work Statement (PWS)

2. Service Contract Act Wage Determination #2015-4233

3. NAVFAC/USACE Past Performance Questionnaire (PPQ)

4. Section B_FMPO Bid Schedule_ W912BU26QA024