Rev-Combined Solicitation Synopsis_USACE Responder Uniforms W912BU26QA035_tc final reeview.pdf

COMBINED SOLICITATION SYNOPSIS FOR USACE RESPONDER UNIFORMS

Project Title: USACE Responder Uniforms Solicitation No: W912BU26QA035 NAICS Code: 323113- Commercial Screen Printing Product Service Code (PSC): 8415 Responses due: 13 October 2026, by 5:00PM EST

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 W912BU26QA035 is issued as a request for quotation (RFQ), for USACE Responder Uniforms.

This acquisition is set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The minimum guarantee for this acquisition is $500.00.

2. LINE ITEMS/CLINS-

ITEMS/ CLINS SUPPLIES/SERVICES UNIT

0001 Emergency Response Hat ea.

0002 Emergency Response Knit Hat ea.

0003 Durable Water-Repellent Rain Jacket ea.

0004 Durable Water-Repellent Rain Jacket ea.

0005 Brisk Insulated Jacket ea.

0006 Techno Lite Knit Three-Layer Jacket ea.

0007 QA T-shir ea.

0008 Woman's Red Performance Polo ea.

0009 Men's Red Performance Polo ea.

0010 Woman's Long Sleeve Red Performance Polo ea.

0011 Men's Long Sleeve Red Performance Polo ea.

0012 Class III Safety Vest ea.

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 Contract (IDC) for clothing (textiles) and screen-printing services to meet the textile requirements of USACE Philadelphia (NAP) District in accordance with the attached specifications. This IDC will have an ordering period of five years for these specified supplies.

Please see attached specifications for more information.

http://www.acquisition.gov/

4. DATE AND PLACE OF DELIVERY AND ACCEPTANCE:

ITEMS /CLINS DELIVERY INFORMATION

0001-0012

IDC’s Period of Performance-11/06/2026 Thru 11/05/2031 The delivery schedule will assessed at the Delivery order level

Address And POC:

Ship to DoDAAC: W912BU

Special Handling/Notes

FoB Details Party to Pay Transportation Cost: Contractor Point Type: Destination

5. 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

52.223-4 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 Representations

52.229-12 Tax on Certain Foreign Procurements

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 Quoters—Commercial Products and Commercial Services.

Instructions to quoters—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 Quoter;

(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 Quoter’s 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 quotes 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 late quotes would not unduly delay the acquisition. However, a late modification of an otherwise successful quoter 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 post award 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

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the Quoter’s responsible 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 quoters:

Factor 1- Clothing Samples

The Contractor shall deliver Items 0001 through 0012 by the listed response due date and time for Government evaluation and approval. This is to ensure that the contractor can furnish a product conforming to all contract requirements for acceptance.

Item No.

Product Sample Key Specification Criteria to Inspect Evaluation

0001 Responder Hat (Field Hat)

• Color: Old Glory Red

• Type: 6-panel cotton chino blend twill cap, structured mid-profile pro crown, curved visor• Details: Pro-stitched finish, self-material velcro back closure, 6 finished reinforced eyelets

• Imprinting: White polyester embroidery. Front: OPERATIONS EMERGENCY.

Back: USACE LOGO STRONG BUILDING.

Pass/Fail

0002 Knit Hat • Color: Old Glory Red

• Material: 100% acrylic pro rib knit cap with cuff• Dimensions: Length 9.00", Width 7.75", Cuff Length 3.00"

• Imprinting: White polyester embroidery on front: USACE BUILDING STRONG

LOGO.

Pass/Fail

0003 Rain Jacket • Color/Fabric: Old Glory Red, 4 oz. 100% nylon DWR micro porous plain weave waterproof breathable fabric

• Details: Single-ply hood with drawstring, red #5 coil full zipper front flap closure, drawcord waist, no pockets, 2 eyelets underarm vents, 5-needle safety stitch, reinforced zipper seams

• Imprinting: Iridescent white print. Right chest: USACE BUILDING STRONG LOGO. Left chest: EMERGENCY OPERATIONS (centered). Back: USACE

EMERGENCY OPERATIONS BUILDING STRONG LOGO.

Pass/Fail

0004 Rain Pant • Color/Fabric: Old Glory Red, 4 oz.

100% nylon DWR micro porous plain weave waterproof breathable fabric

• Details: Elastic bottom, 1.5” waistband with self-drawcord, back patch pocket with velcro on right side, 5-needle safety stitch.

Pass/Fail

0005 Brisk Insulated Jacket

• Color/Fabric: Old Glory Red, 3.4 oz./yd² (115 gsm) polyester microfiber twill

• Details: 2.95 oz. insulation in body, 1.7 oz. in sleeves, polyester brushed tricot lining in body, roll-away hood, thermal retention shockcord, storm flap with snap closure

• Imprinting: Iridescent white print. Right chest: USACE BUILDING STRONG LOGO. Left chest: EMERGENCY OPERATIONS (centered). Back: USACE

EMERGENCY OPERATIONS BUILDING STRONG LOGO.

Pass/Fail

0006 Techno Lite Knit Jacket

• Color/Fabric: Old Glory Red, 8 oz./yd² (200 gsm) 3-layer 100% polyester interlock bonded to polyester birdseye

• Details: 8,000 mm waterproof rating, 1,000 g breathability rating, matching chin guard, center front reverse coil zipper, lower zippered pockets

• Imprinting: Same as Rain Jacket.

Pass/Fail

0007 QA T-Shirt • Color/Fabric: Old Glory Red, preshrunk 100% cotton jersey

• Details: Seamless double-needle collar, taped neck and shoulders, double-needle sleeve and bottom hems

• Imprinting: Iridescent white print. Right chest: USACE BUILDING STRONG LOGO. Left chest: EMERGENCY OPERATIONS (centered).

Pass/Fail

0008 Lasie Red Performance Polo

• Color/Fabric: Old Glory Red, 4.0-4.8 oz polyester moisture wicking pique fabric

• Details: Ribbed knit collar, 4 color matching buttons (distinguishing feature), open hemmed sleeves, side vents, UPF 15-30, ladies sizing

Pass/Fail

• Imprinting: Iridescent white print. Right chest: USACE BUILDING STRONG LOGO. Left chest: EMERGENCY OPERATIONS (centered, placed slightly higher than the men's version).

0009 Men’s Red Performance Polo

• Color/Fabric: Old Glory Red, 4.0-4.8 oz polyester moisture wicking pique fabric

• Details: Ribbed knit collar, 3 color matching buttons (distinguishing feature), open hemmed sleeves, side vents, UPF 15-30

• Imprinting: Iridescent white print. Right chest: USACE BUILDING STRONG LOGO. Left chest: EMERGENCY OPERATIONS (centered).

Pass/Fail

0010 Ladies Red LS Performance Polo

• Color/Fabric: Old Glory Red, 4.0-4.8 oz polyester moisture wicking pique fabric

• Details: Ribbed knit collar, 3 color matching buttons, side vents, spandex cuffs

• Imprinting: Same as short sleeve.

Pass/Fail

0011 Men’s Red LS Performance Polo

• Color/Fabric: Old Glory Red, 4.0-4.8 oz polyester moisture wicking pique fabric

• Details: Ribbed knit collar, 3 color matching buttons, side vents, spandex cuffs

• Imprinting: Same as short sleeve.

Pass/Fail

0012 Class 3 Safety Vest • Color/Fabric: Pantone 387 color, 3.4 oz. durable, extra breathable high visibility ANSI 107-2010 mesh fabric

• Details: Zipper front closure, large outside pocket, 1 inside pocket, 2” silver reflective tape on front and back

• Imprinting: Red PMS 193 print on back: USACE EMERGENCY OPERATIONS

BUILDING STRONG LOGO.

Pass/Fail

Evaluation Criteria:

To receive a Pass, the submitted samples must conform to all applicable requirements identified in the solicitation and Responder Uniforms Specifications. The Government will evaluate each sample for compliance with the applicable requirements, including, as appropriate, item design, color, imprinting, materials, packaging, workmanship, and other specified requirements. The samples must demonstrate that the quoter can provide items that meet the required specifications without material deviation.

(a) A Pass determination will be made when the submitted samples substantially demonstrate compliance with all applicable requirements and provide the Government with reasonable assurance that the quoter is capable of furnishing the exact items specified in the solicitation.

(b) A Fail determination will be made when the submitted samples do not conform to one or more applicable requirements, contain a material deviation from the specified requirements, or otherwise fail to demonstrate the quoter’s ability to provide the exact items required. Failure to submit the required samples, or submission of samples that cannot be reasonably evaluated for compliance, will also result in a Fail determination.

(c) Only quotations receiving a Pass under this evaluation factor will be considered further for award, subject to the terms and conditions of the solicitation.

Factor 2- Price

Evaluation Criteria:

Price will be evaluated for reasonableness. The Government will consider the total quoted price and may compare quoted prices to the Independent Government Estimate (IGE), which was developed using historical pricing for the required items, as well as other relevant price information available to the Government.

Quoters shall provide quantities and extended price for each line item identified in Section B of the solicitation, using the pricing schedule provided as “USACE Responder Uniforms _ Section B Quotes.” Failure to provide a price for a required line item may render the quotation ineligible for award.

BASIS FOR AWARD

1. The Government will award the contract to the quoter responsible whose quotation demonstrates compliance with the specifications for all 12 individual clothing samples and provides the best value to the Government, considering both price and the non-price evaluation factors identified in the solicitation.

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

(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 quote furnished to the successful quoter within the time for acceptance specified in the quoter, 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.

(End of provision)

52.216-1 Type of Contract.

TYPE OF CONTRACT

The Government contemplates award of a Firm-Fixed Price (FFP) Indefinite Delivery Contract (IDC) contract resulting from this combined solicitation synopsis.

(End of provision)

6. CONTRACT CLAUSES

NUMBER TITLE (Incorporated by Reference)

52.203-3 Gratuities

52.203-6 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

52.219-6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns

52.219-14 Limitations on Subcontracting.

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

52.232-33 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

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7005 Representation Relating to Compensation of Former DoD Officials

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

252.204-7022 Expediting Contract Closeout

252.225-7048 Export-Controlled Items

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 Contract terms and Conditions-Commercial Products and Commercial Services

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)

(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.

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 item in excess of $1,000,000.00.

(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.

52.216-22 Indefinite Quantity.

(a) This is an indefinite-quantity contract for the suppliers 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.

7. DATE, TIME, AND PLACE FOR RECEIPT OF QUOTES AND POINT OF CONTACT

Responses to this RFQ are due no later than 5:00 PM EST on October 13, 2026.

All Quoters are required to submit the specified samples of each required item for Government review and approval. 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 samples 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: Henry Sembe (Henry.Sembe@usace.army.mil)

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

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

8. OTHER ADDITIONAL INFORMATION

Attachments:

1. USACE 2026 SPECS

2. USACE Responder Uniforms Section B Quotes .xlsx