W912EK26BA014 - DRAFT Solicitation and Specifications.pdf

SOLICITATION NO.: W912EK26BA014

B5MRLD21202502

US Army Corps of Engineers Rock Island District

90% REVIEW

MISSISSIPPI RIVER BASIN

LOCK AND DAM 21

QUINCY, IL

BOLTED TAINTER GATE FABRICATION

Fabrication Contract and Specifications

JUNE 2026

DRAFTSECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

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

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On:

11 Jun 2026, 07:08 AM Central Daylight Time

Section A - Solicitation/Contract Form

Lock and Dam 21 Bolted Tainter Gate FabricationInstrument Name:

Product Service Code : 5450

CERTIFICATION REQUIREMENTS

POST AWARD CERTIFICATION REQUIREMENTS:

The bidder shall submit one (1) copy of the certifications listed below from the American Institute of Steel Construction (AISC) for all fabrication plants to be utilized for this project. All certifications shall be current, with proof that the certifications have been continuously held for the past three (3) years or noncontinuously for five (5) years within the past ten (10) years from the solicitation issue date.

IBR (Certified Bridge Fabricator - Intermediate) with FCE (Fracture Control Endorsement)

OR

ABR (Certified Bridge Fabricator - Advanced) with FCE (Fracture Control Endorsement)

OR

HYD (Certified Hydraulic Fabricator - Standard) with FCEH (Fracture Control Endorsement for Hydraulic)

OR

HYDA (Certified Hydraulic Fabricator - Advanced)

AND

The bidder shall submit one (1) copy of the paint/coating certifications listed below for all fabrication plants to be utilized for this project. All certifications shall be current, with proof that the certifications have been continuously held for the past three (3) years or non-continuously for five

(5) years within the past ten (10) years from the solicitation issue date.

Complex Coatings Endorsement - Enclosed, Covered, or Exposed (CCE-1, CCE-2, or CCE-3)

OR

The Society for Protective Coatings QP3 - Shop Painting Certification

MVR.02

W912EK26BA014

QUESTION AND ANSWER VIA PROJNET ALL SUBMITTED QUESTIONS FOR THIS PROJECT

AND THE ANSWERS PROVIDED SHALL BE VIEWED IN BIDDER INQUIRY IN PROJNET AT

(https://www.projnet.org).

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) . To submit or review inquiry TBD items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: UT6ZNR-VPBEWG

Specific Instructions for First Time 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.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

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

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

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

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

MVR.13 INSTRUCTIONS TO BIDDERS

INSTRUCTION TO BIDDERS

The Rock Island District has implemented the below procedures for all current bid openings.

Electronic Submission of Bids:

For this IFB Solicitation, the Rock Island District is requesting electronic bids be submitted via email to the Contracting Officer and Contract Specialist.

NO HARD COPY BIDS WILL BE ACCEPTED

Contracting Officer - Jeffrey Voss at jeffrey.r.voss@usace.army.mil

Contract Specialist - Joseph Porter at joseph.e.porter@usace.army.mil

In the subject of the e-mail - the solicitation and Project Name shall be provided.

The Contracting Officer or Contract Specialist will send an email acknowledging receipt. Please note, the Firewall can cause a delay in receipt of email, so be sure to allow time for the delay.

The Bid Opening is currently scheduled for .TBD Central Time

The Contracting Officer and Contract Specialist will begin downloading bids ONE HOUR BEFORE BID OPENING TIME, which is the bid receipt cutoff time.

All bids received after Central Time (hour before the above) on will be considered late.TBD TBD

Audio Teleconference Bid Opening Information:

Please use the following call-in information to attend the meeting:

Microsoft Teams

Meeting ID: TBD

Passcode: TBD

Dial in by phone:

TBD

Following the conclusion of the bid opening, the Bid Abstract will be uploaded to SAM website under this solicitation, within 24 hours.

Bid Bonds (Offer Guarantee) should be submitted electronically with the Bid Package as per the scheduled Bid Opening on Amendment.

Per Class Deviation 2020-O0016, Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates. In addition, a Corporate Seal is not required, the SF 28 need not be sworn and notarized and a written authorization of the release signed by the surety is acceptable in lieu of the notarized authorization of release by the surety. Original Certified Bonds need not be submitted at time of bid.

HOWEVER, the Rock Island District reserves the right to request the Original Certified Bonds, if deemed necessary to verify their authenticity.

The following deviation clauses now apply, in lieu of the corresponding FAR clauses:

FAR 52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard Form 28 to be sworn and notarized.

FAR 52.228-16, Performance and Payment Bonds--Other than Construction (DEVIATION 2020- O0016), which removes requirements for seals on Standard Forms.

For any Questions please contact:

Contacts outlined above

*** END OF NARRATIVE ***

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Base Bid - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option A - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option B - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option C - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option D - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option E - Miss Dam 21 Bolted Tainter Gate Replacement Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Job

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT DELIVERY DATE

BASE BID

0001 Tainter Gate Fabrication 3 EA _________ $

0002 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0003 Barge Demurrage

0003AA First 30 Days 30 DY _________ $

0003AB Over 30 Days 60 DY _________ $

OPTION A

0101 Tainter Gate Fabrication 1 EA _________ $

0102 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0103 Barge Demurrage

0103AA First 30 Days 30 DY _________ $

0103AB Over 30 Days 60 DY _________ $

OPTION B

0201 Tainter Gate Fabrication 1 EA _________ $

0202 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0203 Barge Demurrage

0203AA First 30 Days 30 DY _________ $

0203AB Over 30 Days 60 DY _________ $

OPTION C

0301 Tainter Gate Fabrication 1 EA _________ $

0302 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0303 Barge Demurrage

0303AA First 30 Days 30 DY _________ $

0303AB Over 30 Days 60 DY _________ $

OPTION D

0401 Tainter Gate Fabrication 1 EA _________ $

0402 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0403 Barge Demurrage

TOTAL OF ESTIMATED AMOUNTS - OPTION A

(ITEM NOS. 0101 THROUGH 0103AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - BASE BID

(ITEM NOS. 0001 THROUGH 0003AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - OPTION B

(ITEM NOS. 0201 THROUGH 0203AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - OPTION C

(ITEM NOS. 0301 THROUGH 0303AB, INCL.)

0403AA First 30 Days 30 DY _________ $

0403AB Over 30 Days 60 DY _________ $

OPTION E

0501 Tainter Gate Fabrication 1 EA _________ $

0502 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0503 Barge Demurrage

0503AA First 30 Days 30 DY _________ $

0503AB Over 30 Days 60 DY _________ $

OPTION F

0601 Tainter Gate Fabrication 1 EA _________ $

0602 Tainter Gate Delivery 1 JOB XXXXXXXX $ _________

0603 Barge Demurrage

0603AA First 30 Days 30 DY _________ $

0603AB Over 30 Days 60 DY _________ $

JOB = LUMP SUM DY = DAY EA = EACH

ENSURE UNIT PRICES AND AMOUNT LINES FOR ALL ITEMS ARE COMPLETED.

GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONS

UNTIL 30 DECEMBER 2026.

IF ANY OPTIONS ARE AWARDED, THE CONTRACT DURATION WILL

BE EXTENDED BY 150 DAYS UPON AWARD FOR EACH ADDITIONAL OPTION.

IF GATES ARE CONSOLIDATED FOR SHIPMENT ON FEWER BARGES,

DELIVERY AND BARGE DEMURRAGE CLIN VALUES TO BE BASED ON

ANTICIPATED SHIPPING PLAN.

DELIVER BASE BID AND OPTION GATES TO THE LOCATION AS INDICATED

WITHIN 900 CALENDAR DAYS AFTER NOTICE TO PROCEED OF THE

BASE BID.

TOTAL OF ESTIMATED AMOUNTS - BASE BID AND ALL OPTIONS

(ITEM NOS. 0001 THROUGH 0603AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - OPTION D

(ITEM NOS. 0401 THROUGH 0403AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - OPTION E

(ITEM NOS. 0501 THROUGH 0503AB, INCL.)

TOTAL OF ESTIMATED AMOUNTS - OPTION F

(ITEM NOS. 0601 THROUGH 0603AB, INCL.)

GOVERNMENT REQUIRES NOTIFICATION AT LEAST 30 DAYS PRIOR TO

DELIVERY OF GATE(S).

CONTRACTOR TO REMOVE DELIVERY BARGE(S) FROM THE APPLICABLE

SITE WITHIN 7 CONSECUTIVE CALENDER DAYS FOLLOWING RELEASE BY

THE GOVERNMENT.

SEE CLAUSE FAR 5152.211-9001 FOR MORE INFORMATION ON VARIATIONS

IN QUANTITY.

DO NOT FILL-IN/COMPLETE THE DELIVERY DATE COLUMN WHEN SUBMITTING

YOUR PROPOSAL. THE GOVERNMENT WILL FILL-IN/COMPLETE THIS

INFORMATION AT THE TIME OF AWARD AND/OR MODIFICATIONS. SEE

CLAUSE TIME OF DELIVERY FOR MORE INFORMATION.

THERE ARE TEN GATES AT LOCK AND DAM 21. IN ADDITION TO THE

GATES LISTED IN THE ABOVE SCHEDULE OF PRICES, AND PENDING THE

AVAILABILITY OF FISCAL YEAR 2027 FUNDING, THE GOVERNMENT MAY

PROCURE UP TO AN ADDITIONAL THREE GATES VIA THIS CONTRACT.

Section C - Description/Specifications/Statement of Work

Requirements Lock and Dam 21 Bolted Tainter Gate Fabrication

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed- Price.

1996-08

52.246-16 Responsibility for Supplies. 1984-04

Section F - Deliveries or Performance

0001 Delivery Schedule Delivery Estimated By Delivery Date 17 Apr 2029 Quantity 1 Job

Address and POC Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 14 Sep 2029 Quantity 1 Job

Address and POC Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 11 Feb 2030 Quantity 1 Job

Address and POC Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 11 Jul 2030

1 JobQuantity

Address and POC

Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 08 Dec 2030 Quantity 1 Job

Address and POC Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule Delivery Estimated By Delivery Date 07 May 2031 Quantity 1 Job

Address and POC Ship To DoDAAC: 965146 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

ENGINEER DISTRICT, LOCK AND DAM 21 QUINCY, IL 62301 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.242-17 Government Delay of Work. 1984-04

52.247-34 F.o.b. Destination. 1991-01

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees.

2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-13 Contractor Code of Business Ethics and Conduct.

2021-11

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

2017-01

52.204-10 Reporting Executive Compensation and First-Tier

2026-02

Subcontract Awards. (Deviation 2026-O0038)

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.210-1 Market Research. (Deviation 2026-O0038)

2026-02

52.211-5 Material Requirements.

(Deviation 2026-O0038)

2026-02

52.214-26 Audit and Records-Sealed Bidding. (Deviation 2026-O0038)

2026-02

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

2020-06

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications- Sealed Bidding. (Deviation 2026- O0038)

2026-02

52.214-29 Order of Precedence-Sealed Bidding.

1986-01

52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)

2026-02

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

2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation 2026-O0038)

2026-03

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.

(Deviation 2026-O0038)

2026-02

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.226-7 Drug-Free Workplace. 2024-05

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

2024-05

52.227-1 Authorization and Consent. 2020-06

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

2020-06

52.228-2 Additional Bond Security. 1997-10

52.228-11 Individual Surety-Pledge of Assets.

2021-02

52.228-14 Irrevocable Letter of Credit. 2014-11

52.229-3 Federal, State, and Local Taxes. 2013-02

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-25 Prompt Payment. 2017-01

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

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

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

2026-02

52.242-2 Production Progress Reports. 1991-04

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

52.246-23 Limitation of Liability. 1997-02

52.246-24 Limitation of Liability-High-Value Items.

1997-02

52.249-2 Termination for Convenience of the Government (Fixed-Price).

2012-04

52.249-8 Default (Fixed-Price Supply and Service).

1984-04

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

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General.

2019-08

252.203-7004 Display of Hotline Posters. 2023-01

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense 2024-05

Information and Cyber Incident Reporting.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

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

2023-01

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

2023-01

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

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.211-11 Liquidated Damages-Supplies, Services, or Research and Development.

2000-09

Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified(a) in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ per calendar day of delay.1,500.00

If the Government terminates this contract in whole or in part under the Default-Fixed-Price(b) Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The Contractor will not be charged with liquidated damages when the delay in delivery or(c) performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

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

1989-03

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

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor as listed in the Schedule of Prices. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation.

(Deviation 2026-O0038)

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document /support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS

Code assigned to ____contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [____Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.228-16 Performance and Payment Bonds-Other Than Construction.

2006-11

Performance and Payment Bonds-Other Than Construction (Nov 2006)

(a) Definitions. As used in this clause-

"Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond ( Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.232-32 Performance-Based Payments. 2012-04

Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the N/A[Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (a) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment.

If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that-

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on ____), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on ____) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated ____; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of clause)

52.252-2 Clauses Incorporated by Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of clause)

52.252-4 Alterations in Contract. 1984-04

Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

TBD

(End of clause)

52.252-6 Authorized Deviations in Clauses. 2020-11

Authorized Deviations in Clauses (Nov 2020)

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

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

(End of clause)

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.211-7003 Item Unique Identification and Valuation.

2023-01

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have…