B.08. Combined SynopsisSolicitation_TCPP Fuel_W912EE26QA016.pdf

SUPPLY AND DELIVER FUEL/GREASE FOR TENSAS COCODRIE PUMPING

PLANT, FOOL RIVER PUMPING PLANT, AND HAHA PUMPING PLANT

This is a solicitation for commercial items prepared in accordance with the format in FAR Part 12, as supplemented with additional information included in this notice.

Solicitation Number W912EE26QA016 is being issued as a request for quote (RFQ) with the intent to issue one Firm-Fixed Price Contract. This solicitation is being issued under a 100% Small Business Set Aside. The NAICS code for this procurement is 324110 - Petroleum Refineries, the size standard is 1,500 employees. This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Products and Commercial Services.

The U.S. Army Corps of Engineers, Vicksburg District, requires the purchase and delivery of diesel fuel, oil, and lubricants/grease on as needed basis for the TCPP at Fool River Pumping Station and HaHa pumping stations. All work must be completed in accordance with the statement of work that was prepared for this requirement.

All Offerors shall submit a quote with content as specified herein. Quotes submitted without the specified content may be determined unsuccessful and removed from further consideration.

Offers are encouraged to review all clauses that are incorporated into this solicitation.

****SPECIAL ATTENTION SHOULD BE FOCUSED ON FAR 52.212-2 EVALUATION

– COMMERCIAL PRODUCTS, AS THIS CLAUSE OUTLINES THE EVALUATION

FACTORS AND BASIS FOR AWARD FOR THIS REQUIREMENT. ****

The government intends to make one award for one firm fixed price contract. Offers for less than the required delivery will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide the best proposed pricing in their initial offer.

Notes to Offerors:

BIDDING SCHEDULE MUST BE RETURNED WITH YOUR QUOTE.

Quotes shall be submitted electronically via email, to: Genna.W.Wooten@usace.army.mil. For information concerning this solicitation, contact Genna Wooten at the above email address or by phone at 601-631-5826.

• You are responsible for reading all information contained in this solicitation and all attachments if any posted with it.

• Offerors should check the SAM.gov web site often for modifications to this solicitation.

• Offerors are responsible for ensuring their quotes arrive in a timely manner.

mailto:Genna.W.Wooten@usace.army.mil

TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions early in the advertisement process, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Any questions submitted within the 72 hours window of the solicitation closing date are not guaranteed a response will be provided. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Solicitation Number is: W912EE26QA016, TCPP FUEL AND GREASE SUPPLY

The Bidder/Offeror Inquiry Key is: MSP2NE-4VZT8Y

Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

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

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

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

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

Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

https://www.projnet.org/

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Base Year Supply Color: Clear Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option Year 1 Supply Color: Clear Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option Year 2 Supply Color: Clear Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item option Year 3 Supply Color: Clear Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option Year 4 Supply Color: Clear Pricing Arrangement: Firm Fixed Price

1 Job

W912EE26QA016

Continuation of Description

SUPPLY & DELIVER FUEL, LUBRICANTS, and SUPPLIES to TENSAS-COCODRIE PUMPING PLANT, FOOL RIVER PUMPING STATION, and HaHa PUMPING STATION

The vendor shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver DIESEL FUEL, OIL, & LUBRICANTS-Grease (by 110# kegs) as an as-needed-basis up to $45,000.00 or at a minimum for the base year as determined by the Government. Diesel fuel delivered as bulk in order to pump directly into fuel tanks with a minimum delivery of 500 gallons and up to approximately 4,500 gallons. Multiple trips for an order may be required per Government's best interest pending the quantity of the order.

Grease & Supplies to:

Tensas Cocodrie Pumping Plant (GPS coordinates 31.373449, -91.780556)

10639 Hwy 129

Monterey, LA 71354

Located in Concordia Parish, Louisiana.

Fuel to:

Fool River Pumping Station (GPS coordinates 31.884964, -91.576611)

541 Crawford Road

Clayton, LA 71326

Located in Concordia Parish, Louisiana.

Fuel to:

HaHa Pumping Station (GPS coordinates 31.685143, -91.760479)

1000 HaHa Bayou Road

Clayton, LA 71326

Located in Concordia Parish, Louisiana.

PERIOD OF PERFORMANCE

*Base Year: 1 April 2026 - 31 March 2027

Option Year 1: 1 April 2027 - 31 March 2028

Option Year 2: 1 April 2028 - 31 March 2029

Option Year 3: 1 April 2029 - 31 March 2030

Option Year 4: 1 April 2030 - 31 March 2031

*These dates are estimates and will be adjusted according to contract award.

The Tensas Cocodrie Pumping Plant and pumping stations are located in remote locations. The fuel, lubricants, & supplies will be delivered starting from award date for one year. Coordination of deliveries will be made by the government technical point of contact and/or the Pumping Plant Supervisor. Pending weather conditions and high river stages, deliveries may be required

Opwithin 24 hours. tion Years to extend this contract (4 option years) and increase contract value as an as-needed-basis up to $45,000.00 per year or at a minimum as determined by the Government. The government reserves the right to increase capacity due to emergent nature at the firm fixed markup rate agreed upon at time of contract award. Annual volume depends on the amount of local rain water to be pumped. Lead time is one week.

BASE YEAR - Supply & Deliver:

1 - Bulk - 110# kegs - grease for TCPP (pending availability of contract funds).

1 - Bulk Diesel fuel for TCPP only for an as-needed-basis.

OPTION YEARS - Each Year Supply & Deliver:

1 - Bulk - 110# kegs - grease for TCPP (pending availability of contract funds).

1 - Bulk Diesel fuel for TCPP only for an as-needed-basis.

Specifications - Diesel Fuel:

Similar or equal to dyed off-road (non-road) ultra-low sulfur diesel (ULSD) per EPA requirements for stationary engines.

Specifications - Lubricants/Grease:

Similar or equal to GELSTAR synthetic lubricant with liquid Teflon; Waterproof, non-toxic, non-staining, clear grease. For use in All Temperatures (-50F to over 500F). It is scientifically designed heavy duty, all-purpose synthetic lubricant which is safe to use on anything that squeaks, slides or swivels. The synthetic lubricant works on locks, hinges, chains, sprockets, cables, garage door rails, windows, and automotive, industrial, & construction equipment. The synthetic lubricant is designed for marine use, carwash equipment, and food processing operations.

Composition Synthetic/Polymer

Visual Appearance Optically Clear

Shelf Life > 10 years

Oil Separation Test ASTM D1742 60(d)C 24 Hours 120(d)C 24 Hours

Viscosity Brookfield at 25(d)C 1800 mcps +/- 100 mcps

Cone Penetration ASTM D217 (unworked) at +25(d)C at -20(d)C

240 +/- 20 160 +/- 20

Drop Test ASTM D566 at 250(d)C 0

Flash Point ASTM D92 180(d)C

Continuous Use Temp. Grease remains flexible & stable -41(d)C to 204(d)C

Effect on Copper ASTM D1261 0

Effect on plastic, steel, iron, bronze, acrylate

Electron Microscopy Detection of deterioration

No evidence is observed

Volatility 150(d)C for 24 Hrs. < 1%

Evaporation Test ASTM D972 85(d)C for 24 Hrs. < .3%

Oxidation Induction Time Bellcore TR-TSY000421 > 20 Minutes

Water Content Karl Fisher Method < .001%

Hydrogen Generation ASTM D1018 < 30 ppm

Four Ball Wear Test ASTM D2266 Scar Diameter 0.48 mm

Salt Spray Test ASTM B117 Pass

Four Ball E.P. Test ASTM D2596 Load Wear Index Weld Point

43.25 kg.

208 kg.

Water Washout ASTM D1264 37.8(d)C (100(d)F) 79.4(d)C (175(d)F)

< 1% < 1%

Rust Preventative Test ASTM D1743 Past

Non-toxic and non-staining with clear appearance

Excellent adhesion - will not drip, run or evaporate

Will not damage wood, leather, plastic, fabrics, metals or painted surfaces

Maintains good viscosity over wide temperature ranges (-50(d)F to 500(d)F)

Has anti-oxidant, anti-corrosive and anti-wear additives to ensure prolonged use (about four times longer life than conventional petroleum grease)

Dielectric - will not conduct electricity

Compatible with conventional petroleum-based grease

Biodegradable and non-flammable

100% synthetic with no petroleum distillates or contaminants

Hydrophobic - 100% waterproof and will not wash out with hot, cold or salt water

Industrial grade lubricate that is safe to use on bicycles, recreational vehicles, boats, automobiles and an unlimited number of household items

Thixotropic properties provide excellent viscosity characteristics which insures continued protection during wide temperature and load shearing changes

*As long as the product meets the specifications, it can be or does not have to be food grade.

Grease is applied to chains for conveyor racks and for motor & pump lubrications.

QUALITY CONTROL

The contractor shall utilize their own internal quality control processes to ensure services are performed in accordance with commonly accepted commercial practices and this scope of work.

SUSTAINABILITY REQUIREMENTS

Bio-based

The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred's minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml

SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation. The Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate

Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014- 05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*** END OF NARRATIVE ***

Requirements The River Operations Unit requires the purchase and delivery of diesel fuel, oil, and lubricants /grease on as needed basis for the TCPP at Fool River Pumping Station and HaHa pumping stations.

Product Service Code : 9130 North American Industry Classification System (NAICS) : 324110

Option Line Item 0002 Product Service Code : 9130 North American Industry Classification System (NAICS) : 324110

Option Line Item 0003 Product Service Code : 9130 North American Industry Classification System (NAICS) : 324110

Option Line Item 0004 Product Service Code : 9130 North American Industry Classification System (NAICS) : 324110

Option Line Item 0005 Product Service Code : 9130 North American Industry Classification System (NAICS) : 324110

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Please review the scope of work for the full instructions on inspection /acceptance.

DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W

VIDALIA, LA 71373

UNITED STATES

Chase Gartrell Email: chase.a.gartrell@usace.army.mil Telephone: (601) 634-5013

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please review the scope of work for the full instructions on inspection /acceptance.

DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W

VIDALIA, LA 71373

UNITED STATES

Chase Gartrell Email: chase.a.gartrell@usace.army.mil Telephone: (601) 634-5013

Option Inspection and Acceptance Location

Line Item

Both Destination Instructions: Please review the scope of work for the full instructions on inspection /acceptance.

DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W

VIDALIA, LA 71373

UNITED STATES

Chase Gartrell Email: chase.a.gartrell@usace.army.mil Telephone: (601) 634-5013

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please review the scope of work for the full instructions on inspection /acceptance.

DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W

VIDALIA, LA 71373

UNITED STATES

Chase Gartrell Email: chase.a.gartrell@usace.army.mil Telephone: (601) 634-5013

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Please review the scope of work for the full instructions on inspection /acceptance.

DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W

VIDALIA, LA 71373

UNITED STATES

Chase Gartrell Email: chase.a.gartrell@usace.army.mil Telephone: (601) 634-5013

Continuation of Deliveries or Performance

0001 Delivery Schedule Delivery Period From 01 Apr 2026 to 31 Mar 2027

1 JobQuantity

Address and POC Ship To DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W VIDALIA, LA 71373 UNITED STATES

CHASE A GARTRELL, DELIVER_TO_EMP_ID_NO

Email: CHASE.A.GARTRELL@USACE.ARMY.MIL

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Period From 01 Apr 2027 to 31 Mar 2028

1 JobQuantity

Address and POC Ship To DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W VIDALIA, LA 71373 UNITED STATES

CHASE A GARTRELL, DELIVER_TO_EMP_ID_NO

Email: CHASE.A.GARTRELL@USACE.ARMY.MIL

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Period From 01 Apr 2028 to 31 Mar 2029

1 JobQuantity

Address and POC Ship To DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W VIDALIA, LA 71373 UNITED STATES

CHASE A GARTRELL, DELIVER_TO_EMP_ID_NO

Email: CHASE.A.GARTRELL@USACE.ARMY.MIL

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Period From 01 Apr 2029 to 31 Mar 2030

1 JobQuantity

Address and POC Ship To DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W VIDALIA, LA 71373 UNITED STATES

CHASE A GARTRELL, DELIVER_TO_EMP_ID_NO

Email: CHASE.A.GARTRELL@USACE.ARMY.MIL

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Period From 01 Apr 2030 to 31 Mar 2031

1 JobQuantity

Address and POC Ship To DoDAAC: 967201 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

VIDALIA AREA OFFICE, HIGHWAY 84 W VIDALIA, LA 71373 UNITED STATES

CHASE A GARTRELL, DELIVER_TO_EMP_ID_NO

Email: CHASE.A.GARTRELL@USACE.ARMY.MIL

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Continuation of Accounting and Appropriation Data

1. CYBERSECURITY MATURITY MODEL CERTIFICATION (CMMC): In accordance with DFARS 240.370-5 the following provisions and clauses are required in all solicitations except for solicitations/contracts solely for the acquisition of commercially available off-the-shelf (COTS) items:

Provision - 252.204-7008, Compliance with Safeguarding Covered Defense Information Control.

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

Clause - 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

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

In the case of solicitation no. W912EE26QA016, implementation of a NIST SP 800-171 assessment is not a requirement since there is no covered defense information provided by the Government in the release of the solicitation, and the solicitation contains no controlled technical information. All information related to this project has been posted for full public view at www.sam.gov.

2. AUTHORITY FOR CHANGE OR MODIFICATION

"Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an Administrative Contracting Office (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer."

3. ELECTRONIC FUNDS TRANSFER INFORMATION

"All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered ww.SAM.gov./maintained in the System for Award Management (SAM) located at w UFC Form

23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in SAM. Failure to update/maintain this information in SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39 619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?

id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov."

4. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS (IF APPLICABLE)

"In addition to complying with the requirements outlined in FAR Part 22.13, FAR FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS): https://www.

dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules /employers/index.html

W912EE26QA016

https://www.dol.gov/vets/ https://www.dol.gov/vets/ https://www.fedshirevets.gov/ https://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes "

5. SPECIAL CONTRACT REQUIREMENTS (IF APPLICABLE)

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: [enter solicitation number]

Line 7 "Name and address of the acquiring agency": USACE Vicksburg District (MVK)

Contracting Office, 4155 Clay Street, Vicksburg, MS 39183

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.

Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that "[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS." Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or 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.

6. PERIOD OF PERFORMANCE:

This award will be a base year with four option years, to begin at contract award. All work must be coordinated with the Government Technical Point of Contact listed below and in accordance with the prepared scope of work.

*Base Year: 1 April 2026 - 31 March 2027

Option Year 1: 1 April 2027 - 31 March 2028

Option Year 2: 1 April 2028 - 31 March 2029

Option Year 3: 1 April 2029 - 31 March 2030

Option Year 4: 1 April 2030 - 31 March 2031

*These dates are estimates and will be adjusted according to contract award.

7. INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212-4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

CEMVK-Invoices-Billings@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC

AT:

TBD

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR'S FINAL INVOICE

SHALL BE SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE

DATE SPECIFIED IN THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED

"FINAL" AND SUBMITTED AS OUTLINED ABOVE

8. POINTS OF CONTACT

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT:

TBD

GOVERNMENT CONTRACTING POINT OF CONTACT:

Genna Wooten

PHONE: 601-631-5826

EMAIL: genna.w.wooten@usace.army.mil

*** END OF NARRATIVE ***

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

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

2026-02

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

(Deviation)

2026-02

52.219-6 Notice of Total Small Business Set-Aside.

(Deviation)

2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation)

2026-02

52.222-35 Equal Opportunity for Veterans. (Deviation) 2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation)

2026-02

52.222-37 Employment Reports on Veterans.

(Deviation)

2026-02

52.222-50 Combating Trafficking in Persons.

(Deviation)

2026-02

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

2024-05

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

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

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

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

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

2023-01

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

2023-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

(Deviation)

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026)

(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)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic…