B.08.03 Solicitation Amendment W912EF26RA0040006 SF 30.pdf

PDF 4 MB Posted

Attached to
Northwestern Division Crane Multiple-Award Task Order Contract (MATOC)
Solicitation number
W912EF26RA004
Issued by

About this file

This document is a Standard Form 30 amendment to a federal solicitation for construction services. The amendment, numbered 0006 and effective February 3, 2026, was issued by the US Army Engineer District Walla Walla Contracting Division to remove certain provisions and clauses that are no longer applicable due to the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) and to incorporate DEV 2026-O0019 for construction contracts. The solicitation number is W912EF26RA004, with a base contract award period from 2026 through 2031. The proposal submission deadline remains 2:00 PM PST on February 6, 2026, and no extension is provided since the deleted clauses do not affect Phase I proposal submission. All other terms and conditions remain unchanged.

The amendment deletes 23 FAR clauses and 2 DFARS clauses, including provisions related to security requirements, annual representations and certifications, commercial and government entity code reporting, safeguarding of contractor information systems, prohibitions on certain telecommunications and video surveillance services, foams, foreign purchases, performance of work by contractors, preconstruction conferences, and proposal preparation for construction. It also modifies Section 00 45 00 (Representations and Certifications) and Section 00 70 00 (Conditions of the Contract) to incorporate updated DFARS clauses with deviations and full-text provisions addressing small business program representations, postaward rerepresentation requirements, value engineering, item unique identification and valuation, and hazard warning labels. The modification maintains the Firm-Fixed-Price Multiple Award Task Order contract structure with a maximum order limitation of $50,000,000 per order.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.

If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

W912EF26RA0040006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Block 14 (Description of Amendment/Modification): The purpose of this amendment is to remove certain provisions and clauses that are no longer applicable due to the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) and we are incorporating DEV 2026- O0019 for Construction contracts due to the FAR RFO. Provisions and Clauses removed are as follows:

- 52.204-2 Security Requirements. (Mar 2021)

- 52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003 and 2025- O0004)(Jan 2025) Deviation 2025-O0004(Mar 2025) Annual Representations and Certifications (MAR 2025)(DEVIATION 2025-O0003 and 2025-O0004)

- 52.204-22 Alternative Line-Item Proposal JAN 2017

- 52.204-16 Commercial and Government Entity Code Reporting Aug 2020

- 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

- 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

- 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. Dec 2023

- 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. NOV 2021

- 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

- 52.204-26 Covered Telecommunications Equipment or Services - Representation. Oct 2020

- 52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

- 52.210-1 Market Research. Nov 2021

- 52.211-18 Variation in Estimated Quantity. Apr 1984

- 52.222-38 Compliance with Veterans Employment Reporting Requirements. Feb 2016

- 52.223-21 Foams. May 2024

- 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021

- 52.236-1 Performance of Work by the Contractor (Apr 1984)

- 52.236-26 Preconstruction Conference. (Feb 1995)

- 52.236-28 Preparation of Proposals-Construction. Oct 1997

- 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

- 252.227-7022 Government Rights (Unlimited). Mar 1979

- 252.227-7033 Rights in Shop Drawings. Apr 1966

The proposal submission deadline remains 2:00 PM PST on February 6, 2026.

No extension will be provided as these clauses do not affect the Phase I proposal submission.

All other terms and conditions remain unchanged.

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/

Deviation

52.204-16 Commercial and Government Entity Code Aug 2020

Reporting.

52.204-22 Alternative Line Item Proposal. Jan 2017

Section 00 22 16 - Supplementary Instructions to Proposers

Miscellaneous text in this section has been deleted:

Variation

Effective

Date

SECTION 00 21 16 FAR SUPPLY CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting. AUG 2020

Section 00 45 00 - Representations and Certifications

Miscellaneous text in this section has been modified to:

SECTION 00 45 00 FAR SUPPLY CLAUSES INCORPORATED BY REFERENCE

52.209-7 Information Regarding Responsibility Matters.

OCT 2018

52.225-18 Place of Manufacture.

AUG 2018

SECTION 00 45 00 DFARS SUPPLY CLAUSES INCORPORATED BY REFERENCE

252.203-7005 Representation Relating to Compensation of Former DoD Officials. SEP 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. OCT 2016 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. MAY 2021 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. MAY 2022

SECTION 00 45 00 DFARS SUPPLY CLAUSES INCORPORATED BY FULL TEXT

252.204-7007 Alternate A, Annual Representations and Certifications. (Oct 2024)

Alternate A (Oct 2024)

As prescribed in 204.1202 , use the following provision:

Alternate A, Annual Representations and Certifications (Oct 2023)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies.

(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016 , Covered Defense Telecommunications Equipment or Services-- Representation. Applies to all solicitations.

(ii) 252.216-7008 , Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042 , Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049 , Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050 , Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012 , Tax Exemptions (Italy)--Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013 , Tax Exemptions (Spain)--Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

(i) 252.209-7002 , Disclosure of Ownership or Control by a Foreign Government.

X (ii) 252.225-7000 , Buy American--Balance of Payments Program Certificate.

(iii) 252.225-7020 , Trade Agreements Certificate.

Use with Alternate I.

(iv) 252.225-7031 , Secondary Arab Boycott of Israel.

(v) 252.225-7035 , Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

Use with Alternate I.

Use with Alternate II.

Use with Alternate III.

Use with Alternate IV.

Use with Alternate V.

(vi) 252.226-7002 , Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(vii) 252.232-7015 , Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ Offeror to insert changes, identifying change by provision number, title, date ].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision

# Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/

Deviation

Variation

Effective

Date

52.204-24 Representation Regarding Certain Nov 2021

Telecommunications and Video Surveillance

Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Oct 2020

Services-Representation.

52.222-38 Compliance with Veterans### Employment Feb 2016

Reporting Requirements.

52.236-28 Preparation of Proposals-Construction. Oct 1997

Section 00 70 00 - Conditions of the Contract

Miscellaneous text in this section has been modified to:

https://www.sam.gov/

SECTION 00 70 00 FAR SUPPLY CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.207-4 Economic Purchase Quantity-Supplies. Aug 1987 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts). Aug 2024 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded Jan 2025 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov 2021 52.211-5 Material Requirements. Aug 2000 52.211-13 Time Extensions. Sep 2000 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.215-1 Instructions to Offerors-Competitive Acquisition. (Alternate I) Nov 2021 Alternate I Oct 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-14 Integrity of Unit Prices. Nov 2021 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. Jul 2005 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. Nov 2021 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-9 Small Business Subcontracting Plan. Jan 2025 52.219-9 Small Business Subcontracting Plan. (Alternate II) Jan 2025 Alternate II Nov 2016 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Jan 2025 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. Jun 2020 52.222-35 Equal Opportunity for Veterans. Jun 2020

52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. Jan 2025 52.223-23 Sustainable Products and Services. May 2024 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-16 Progress Payments. (Alternate III) Nov 2021 Alternate III Jun 2020 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-23 Assignment of Claims. (Alternate I) May 2014 Alternate I Apr 1984 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.242-5 Payments to Small Business Subcontractors. Jan 2017 52.242-13 Bankruptcy. Jul 1995 52.242-15 Stop-Work Order. Aug 1989 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025- O0003) Jan 2025 Deviation 2025-O0003 Mar 2025 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984 52.246-24 Limitation of Liability-High-Value Items. Feb 1997 52.246-26 Reporting Nonconforming Items. Aug 2024 52.247-34 F.o.b. Destination. Nov 1991 52.247-68 Report of Shipment (REPSHIP). Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.253-1 Computer Generated Forms. Jan 19

SECTION 00 70 00 DFARS SUPPLY CLAUSES INCORPORATED BY REFERENCE

252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019

252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 20 252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related

Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 20 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. May 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 252.215-7016 Notification to Offerors-Postaward Debriefings. Dec 2022 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. Dec 2022

252.217-7013 Supplies and Services Provided by Nontraditional Defense Contractors (JAN 2023)

252.217-7026 Identification of Sources of Supply. Jan 2023 252.219-7000 Advancing Small Business Growth. Jun 2023 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7013 Duty-Free Entry. Nov 2023

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan 2023

252.225-7021 TRADE AGREEMENTS--BASIC (FEB 2024)

252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate. Dec 2006

252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China. Aug 2022 252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China. Jan 2023 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation. Jun 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations- Representation

(Deviation 2024-O0006, Revision 1) Mar 2024 Deviation 2024-O0006 Mar 2024 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems.

(DEVIATION 2024-O0014) Aug 2024 Deviation 2024-O0014 Aug 2024 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems###Representation. (DEVIATION 2024-O0014) Aug 2024 Deviation 2024-O0014 Aug 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. Jan 2023 252.226-7003 Drug-Free Work Force. Aug 2024 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

252.232-7010 Levies on Contract Payments. Dec 2006

252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.242-7004 Material Management and Accounting System. Jan 2025 252.242-7006 Accounting System Administration. Jan 2025 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. (Alternate I) Jan 2025 Alternate I Jan 2025 252.245-7003 Contractor Property Management System Administration Jan 2025 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. Jan 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

SECTION 00 70 00 FAR SUPPLY CLAUSES INCORPORATED BY FULL TEXT

52.215-1 Instructions to Offerors-Competitive Acquisition. (Nov 2021)

Instructions to Offerors-Competitive Acquisition (Nov 2021)

Definitions. As used in this provision- Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

Submission, modification, revision, and withdrawal of proposals.

Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

The first page of the proposal must show-

- The solicitation number;

- The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

- A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

- Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

- Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

Submission, modification, revision, and withdrawal of proposals.

Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or It is the only proposal received.

However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals.

Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

Contract award.

The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. The Government may reject any or all proposals if such action is in the Government's interest. The Government may waive informalities and minor irregularities in proposals received. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

- The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

- The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

A summary of the rationale for award. For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data-Modifications.

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Nov 2021)

(a) Exceptions from certified cost or pricing data. (1)In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and

(ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109

(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial services. (A)If--

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification.

Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in

15.408 Solicitation provisions and contract clauses. of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in 15.408 Solicitation provisions and contract clauses. are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

52.216-1 Type of Contract. (Apr 1984)

As prescribed in 16.105 , complete and insert the following provision:

Type of Contract (Apr 1984)

The Government contemplates award of a <font color="#ff0000">Firm-Fixed-Price Multiple Award Task Order contract resulting from this solicitation.

52.216-18 Ordering. (Aug 2020)

As prescribed in 16.506(a), insert the following clause:

Ordering (Aug 2020)

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 calendar year 2026 through calendar year 2031.

Specific dates will be provided at time of base contract award.

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.

A delivery order or task order is considered "issued" when-

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

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

- If sent electronically, the Government either-

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

- Distributes the delivery order or task order via email to the Contractor's email address.

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

52.216-19 Order Limitations. (Oct 1995)

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor-

- Any order for a single item in excess of $50,000,000;

- Any order for a combination of items in excess of $50,000,000; or

A series of orders from the same ordering office within 120 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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.

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. (Oct 1995)

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

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.

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."

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.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 2032. A specific date will be provided upon contract award.

52.216-27 Single or Multiple Awards. (Oct 1995)

As prescribed in 16.506(f), insert the following provision:

Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order (MATOC) contracts for the same or similar supplies or services to up to five MATOC holders.

52.216-32 Task-Order and Delivery-Order Ombudsman. (Alternate I) (Sep 2019) Alternate

I (Sep 2019)

As prescribed in 16.506(j), add the following paragraph (d) to the basic clause.

Contracts used by multiple agencies.

This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

COL Richard H. Pfeiffer Jr.

TO/DO Ombudsman

441 G Street NW

Washington, DC 20314-1000

Email: USACE-ContractingOmbudsman@usace.army.mil

Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (Jun 1988)

As prescribed in 17.208(b), insert a provision substantially the same as the following:

Evaluation of Options Exercised at Time of Contract Award (June 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

52.217-5 Evaluation of Options. (Jul 1990)

Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price mailto:USACE-ContractingOmbudsman@usace.army.mil for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-8 Option to Extend Services. (Nov 1999)

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years, six (6) months.

52.219-1 Small Business Program Representations. (Feb 2024)

Small Business Program Representations (Feb 2024)

Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third- party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern- (1) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service- disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or; A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.101 (2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that - Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .