Solicitation - W912P826RA035_SAM_08-27-26.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

SCOPE OF WORK

Mississippi River and Tributaries, Mississippi River Levees Mitigation Project for Blackhawk Levee Slide Repair, Old River Seepage Berm, and Upper 5th LA Levee District Levee Enlargement Impacts to Bottomland Hardwood Habitats

1. INTRODUCTION

The New Orleans District, US Army Corps of Engineers (CEMVN), seeks to purchase Bottomland Hardwood (BLH) Wet mitigation bank credits located in the Red River Basin (Hydrologic Unit Code (HUC) 08040301). As specified below, the credits are needed to compensate for unavoidable habitat losses caused by completion of three Mississippi River Levee (MRL) projects: Blackhawk Levee Slide Repair; Old River Seepage Berm; and Upper 5th LA Levee District Levee Enlargement.

As part of CEMVN’s plan to mitigate for unavoidable impacts to BLH-Wet impacts associated with the construction of the MRL projects, CEMVN will purchase BLH-Wet mitigation bank credits in the Red River Basin. The bank(s) from which credits will be purchased will be purchased through a competitive solicitation/award process. Any mitigation bank meeting the eligibility requirements and having the appropriate resource type of credits may submit a proposal to sell credits. CEMVN may enter into one or more contracts to purchase the number of credits necessary to meet CEMVN’s need at the time of purchase; however, CEMVN may purchase a lesser quantity of credits than it requires. A separate contract shall be executed for each bank credit purchase. Award will be made based on the lowest-price technically acceptable source selection process.

Purchase is subject to funding availability and other USACE missions.

2. MITIGATION REQUESTED

The USACE desires to acquire sufficient mitigation credits/acres to mitigate for a minimum of 13.09 Bottomland Hardwood AAHUs as determined through application of the Wetland Assessment Community (WVA) Model for Bottomland Hardwoods (Version 1.2). All credits utilized to mitigate for the above AAHUs must be classified as restoration credits/acres (enhancement and preservation credits/acres will not be considered under this solicitation). If an Offeror chooses to vary its price per credit/acre based on the quantity of credits/acres offered, the Offeror must provide a schedule showing the respective cost per credit/acre at each quantity level. USACE may purchase all or any portion of the offered quantity (or quantities) of credits/acres. If appropriate and cost-effective, USACE may choose to purchase mitigation bank credits from one or more than one bank to fulfill the compensatory mitigation requirements. All credit sales MUST be in 1/10th acre increments.

3. MITIGATION BANK ELIGIBILITY

A mitigation bank must meet all the following qualifications to be eligible to sell credits to satisfy the Mississippi River and Tributaries, Mississippi River Levees, Blackhawk Levee Slide Repair, Old River Seepage Bern, and Upper 5th LA Levee District Levee Enlargement projects mitigation requirements. For the proposal to be considered responsive and for the Offeror to be considered responsible, the mitigation bank shall:

1) be approved by USACE and in full compliance with its Mitigation Banking Instrument (MBI), its other legal instruments (such as its conservation servitude and its financial assurances) and the standards set forth in 33 CFR Part 332; and

2) have available Bottomland Hardwood mitigation credits within HUC 08040301;

and

3) provide the habitat type that matches the habitat type being mitigated (bottomland hardwood forest); and

4) have mitigation credits assessed using version 1.2 of the BLH-Wet Wetland Value Assessment (WVA) Community Model available to compensate for the impacts to the particular habitat to be mitigated; and have a duly recorded perpetual conservation servitude/easement.

If the Offeror fails to meet all the criteria above, the Offeror will be deemed technically unacceptable, and its offer will be considered non-responsive and ineligible for award.

Habitat assessment models used for Civil Works projects are required to be certified by Headquarters, USACE Model Certification Panel and comply with the certification criteria presented in Engineer Circular EC 1105-2-412. Version 1.0 of the Wetland Value Assessment, Bottomland Hardwood Community Model has been certified. The current revision is designated Version 1.2.

To facilitate the solicitation process, USACE New Orleans District, in conjunction with the U.S. Fish and Wildlife Service, has applied Version 1.2 of the WVA Bottomland Hardwood Model to the approved banks in HUC 08040301 that possess available Bottomland Hardwood credits/acres. Credit availability is based on information provided through the USACE Regulatory In-Lieu Fee Bank Information Tracking System (RIBITS). The mitigation potential for each bank based on using this version of the WVA is presented in the tables below. Any bank submitting offers to satisfy the aforementioned mitigation requirements must use the following potential for their bank to generate their offer.

Table 1: Mitigation Banks within HUC 08040301.

Bank Credits Available* 7/21/2026 Mitigation Bank Name

Mitigation Potential

(AAHU/Acre) Credits

Required

139.39 Cross Bayou .57 23

Bank Credits Available* 7/21/2026 Mitigation Bank Name

Mitigation Potential

(AAHU/Acre) Credits

Required 665 Little River .64 20.5

*Total bank credits available does not distinguish between restoration, enhancement, or preservation

Special Conditions

1) An Offeror may submit a proposal to sell fewer credits than the total amount of mitigation credits/acres sought (13.09 AAHUs).

2) USACE will only purchase BLH credits classified as restoration (this solicitation expressly excludes consideration of BLH credits classified as either enhancement or preservation).

3) In order for the USACE to acquire the credit/acres needed to satisfy its Blackhawk Levee Slide Repair, Old River Seepage Berm, and Upper 5th LA Levee District Levee Enlargement projects mitigation obligations, the USACE may award one or more contracts to purchase the required amount of mitigation credits sought, resulting in the lowest cost combination that fulfills the mitigation requirements and is the best value as determined by the USACE. A separate contract shall be executed for each Offeror. Award will be based on lowest price technically acceptable source selection process.

4. SUBMITTALS

All interested Offerors that meet the above eligibility requirements are invited to submit a proposal consisting of appropriate documentation demonstrating eligibility and MUST include all of the following information to be deemed technically acceptable:

1) A completed SF 1449, to include name, address, telephone numbers, CAGE code and Unique Entity Identifier (UEI) number.

2) A completed bid schedule including number of credits/acres available to sell for the habitat, price per credit/acre, extended total, and if applicable, a schedule providing a price per credit/acre at each respective quantity level in accordance with No. 2 above.

3) A map showing bank location.

4) A signed copy of the Mitigation Purchase Agreement which will be returned fully executed if the Offeror(s) is selected for award.

5) A printed copy of the Offeror’s current ledger information indicating the number of available credits for sale from the USACE Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS). The Offeror’s credit availability is subject to verification before contract award.

6) The Offeror’s document to evidence proof of recorded perpetual conservation servitude/easement.

The mitigation bank shall submit all of the above information for a proposal to be considered responsive and acceptable. Proposals omitting required information will be deemed non-responsive and, therefore, will not be evaluated. The mitigation bank’s credit availability is subject to verification once all proposals are received. Please be advised that Released Credits from an approved mitigation bank offered in response to this request for proposal (RFP) must satisfy the mitigation requirement of this RFP.

5. INSTRUCTIONS TO OFFERORS

Electronic Submission of Proposals.

1. Email your proposal submission to the Contracting Officer and Contract Specialist associated with the RFP:

Contracting Officer – Karen Hargrave, email: Karen.D.Hargrave@usace.army.mil

Contract Specialist – Anedra Baldwin, email: Anedra.A.Baldwin@usace.army.mil

The due date for submission of proposals is currently scheduled for Tuesday, September 15, 2026, at 11:00 AM (local time). All proposals received after 11:00 AM (local time) on Tuesday, September 15, 2026, will be considered late and will not be evaluated.

6. DELIVERABLE

A signed letter from the bank releasing credits from the bank to CEMVN within 10 days after contract award and return of the fully executed Mitigation Purchase Agreement via email to:

Contracting Officer – Ms. Karen Hargrave, email: Karen.D.Hargrave@usace.army.mil

Contract Specialist – Ms. Anedra Baldwin email: Anedra.A.Baldwin@usace.army.mil.

Requests for additional information as well as any questions pertaining to this solicitation shall be submitted in writing via email to Anedra Baldwin (Anedra.A.Baldwin@usace.army.mil)) and Karen Hargrave, (Karen.D.Hargrave@usace.army.mil) before the deadline of Thursday, September 3, 2026, at 11:00 AM (local time). Any questions submitted after the deadline will NOT be answered.

To respond to the Coronavirus Disease 2019 (COVID-19) national emergency, (Deviation 2020 –O0016), states that flexibility with regard to original documents, manual signatures, seals, and notarization should be provided in order to facilitate certain essential contracting procedures.

NOTE: (RFO 52.204-7) Prospective contractors shall be registered in the SAM database under the NAICS code 523910 prior to award of a contract. By regulation, no DOD contract can be awarded to any contractor that is not registered in the Department of Defense “System for Award Management” (SAM), formally the CCR database. You will be required to provide your company’s unique entity identifier (UEI) issued by GSA.

If you don’t have a UEI, one can be obtained by calling (866) 606-8220 or by going to http://www.sam.gov.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of RFO part 28, not just RFO 28.101-3; A corporate seal is not required on any form listed at RFO 28.106-1; The signed statement by the contractor that payment is due and owed referenced at RFO 28.106-8 is not required to be notarized.

The Standard Form 28 executed by the individual surety pursuant to RFO 28.203(b) is not required to be sworn and notarized as indicated on the form.

A written authorization of the release signed by the surety is acceptable, in lieu of the notarized authorization of release by the surety required by RFO 28.203-5(a); and use the following deviation clauses, in lieu of the corresponding RFO clauses:

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

Section A - Solicitation/Contract Form

MRL - BLH Mitigation Bank CreditsInstrument Name:

Product Service Code : F099

W912P826RA035

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Mitigation Bank Credits: The CEMVN desires to acquire credits in the amount and type below:

Bottomland Hardwood (BLH) Wet mitigation bank credits representing up to 13.09 average annual habitat units (AAHUs) to mitigate for unavoidable impacts caused by construction of three Mississippi River Levee (MRL) projects:

Blackhawk Levee Slide Repair; Old River Seepage Berm; and Upper 5th LA Levee District Levee Enlargement.

Product Service Code: F099

Pricing Arrangement: Firm Fixed Price

13.09 Acre

Section C - Description/Specifications/Statement of Work

Requirements MRL - BLH Mitigation Bank Credits

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: A signed letter from the bank releasing credits from the bank to CEMVN within 10 days after contract award and the return of the fully executed Mitigation Purchase Agreement is required.

DoDAAC: W912P8 CountryCode: USA

W07V ENDIST NEW ORLEANS

KO CONTRACTING DIVISION, 7400 LEAKE AVE

NEW ORLEANS, LA 70118-3651

UNITED STATES

Section F - Deliveries or Performance

0001 Delivery Schedule From date of lead time event to delivery 10 Calendar Days

Date of Notice to Proceed Receipt

13.09 AcreQuantity

Address and POC Place of Performance DoDAAC: W912P8 CountryCode: USA

W07V ENDIST NEW ORLEANS

KO CONTRACTING DIVISION, 7400 LEAKE AVE NEW ORLEANS, LA 70118-3651

UNITED STATES

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2018-12

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

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

2026-02

52.208-90 Government Supply Sources.

(Deviation 2026-O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (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 and Services. (DEVIATION 2025- O0004)

2026-02 Deviation 2025- O0004

2025-03

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

2024-05

52.232-33 Payment by Electronic Funds 2018-10

Transfer-System for Award Management.

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

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

2026-02

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

2026-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2026- O0025)

2024-05 Deviation 2026- O0025

2026-06

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

252.225-7048 Export-Controlled Items. 2013-06

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

2023-01

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

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

(DEVIATION 2026-O0025)

2026-02 Deviation 2026- O0025

2026-02

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

2026-02 Deviation 2026- O0015

2026-01

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

52.252-2 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)

52.252-6 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 (b) FAR/DFARS/AFARS/UAI/RFO (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)"Chapter_1__) after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.208-7999 Ordering From Government Supply Sources. (DEVIATION 2026-O0049)

2026-03 Deviation 2026- O0049

2026-03

ORDERING FROM GOVERNMENT SUPPLY SOURCES (DEVIATION 2026-O0049) (MAR

2026)

(a) When placing orders under Federal Supply Schedules, Personal Property Rehabilitation Price Schedules, or Enterprise Software Agreements, the Contractor shall follow the terms of the applicable schedule or agreement and authorization. Include in each order:

(1) A copy of the authorization (unless a copy was previously furnished to the Federal Supply Schedule, Personal Property Rehabilitation Price Schedule, or Enterprise Software Agreement contractor).

(2) The following statement:

Any price reductions negotiated as part of an Enterprise Software Agreement issued under a Federal Supply Schedule contract shall control. In the event of any other inconsistencies between an Enterprise Software Agreement, established as a Federal Supply Schedule blanket purchase agreement, and the Federal Supply Schedule contract, the latter shall govern.

(3) The completed address(es) to which the Contractor's mail, freight, and billing documents are to be directed.

(b) When placing orders under nonmandatory schedule contracts and requirements contracts, issued by the General Services Administration (GSA) Office of Information Resources Management, for automated data processing equipment, software and maintenance, communications equipment and supplies, and teleprocessing services, the Contractor shall follow the terms of the applicable contract and the procedures in paragraph (a) of this clause.

(c) When placing orders for Government stock on a reimbursable basis, the Contractor shall--

(1) Comply with the requirements of the Contracting Officer's authorization, using FEDSTRIP or MILSTRIP procedures, as appropriate;

(2) Use only the GSA Form 1948-A, Retail Services Shopping Plate, when ordering from GSA Self-Service Stores;

(3) Order only those items required in the performance of Government contracts; and

(4) The Contractor shall pay invoices from Government supply sources promptly.

(A) The Contractor shall pay purchases made from DoD supply sources within 30 days of the date of a proper invoice.

(B) The Contractor shall annotate each invoice with the date of receipt.

(C) For the purposes of computing interest for late Contractor payments, the Government's invoice is deemed to be a demand for payment in accordance with the Interest clause of this contract.

(D) If the Contractor fails to pay or pays late that may also result in the DoD supply source refusing to honor the requisition (see DFARS 208-105-2(a)(4)(ii)) or in the Contracting Officer terminating the Contractor's authorization to use DoD supply sources.

(1) In the event the Contracting Officer decides to terminate the authorization due to the Contractor's failure to pay in a timely manner, the Contracting Officer will provide the Contractor with prompt written notice of the intent to terminate the authorization and the basis for such action.

(2) The Contractor shall have 10 days after receipt of the Government's notice in which to provide additional information as to why the authorization should not be terminated.

(3) Any such termination does not provide the Contractor with an excusable delay for failure to perform or complete the contract in accordance with the terms of the contract, and the Contractor shall be solely responsible for any increased costs.

(d) When placing orders for Government stock on a non-reimbursable basis, the Contractor shall--

(1) Comply with the requirements of the Contracting Officer's authorization; and

(2) When using electronic transactions to submit requisitions on a nonreimbursable basis only, place orders by authorizing contract number using the Defense Logistics Management System (DLMS) Supplement to Federal Implementation Convention 511R, Requisition; and acknowledge receipts by authorizing contract number using the DLMS Supplement 527R, Receipt, Inquiry, Response and Material Receipt Acknowledgement.

(e) Only the Contractor may request authorization for subcontractor use of Government supply sources. The Contracting Officer will not grant authorizations for subcontractor use without approval of the Contractor.

(f) Government invoices will be submitted to the Contractor's billing address, and Contractor payments shall be sent to the Government remittance address specified below:

Contractor's Billing Address (include point of contact and telephone number):

Government Remittance Address (include point of contact and telephone number):

(End of clause)

Section K - Representations, Certification, & Other Statements

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.204-90 Offeror Identification. (Deviation 2026-O0038)

2026-02

Offeror Identification (Feb 2026) (Deviation 2026-O0038)

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal Revenue Service

(IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

(b) Unique entity identifier (UEI).

(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.

(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d);

reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:

(1) Taxpayer identification number (TIN)

[ ] TIN: ____;

[ ] TIN has been applied for; or

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government; or

[ ] Offeror is an agency or instrumentality of the Federal Government.

(2) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4; or

[ ] Other.

(3) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or

[ ] Name and TIN of common parent:

Name: ____

TIN: ____

(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.

C. 7701(c)(3)).

(d) Commercial and Government Entity (CAGE) code.

(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word "CAGE" before the code. The Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then… Located in the United States or its outlying areas Submit a request to the

DLA CAGE Branch via https://cage.dla.mil Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts)

Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(2) The Offeror shall provide the CAGE code and legal business name (Do not use a "doing business as" name) for-

(i) Its immediate owner(s), if any;

(ii) Its highest-level owner, if any; and

(iii) Any predecessor(s), or predecessor of an Offeror's predecessor, that held a Federal contract or grant within the last three years.

Owner Type CAGE Code Legal Business Name Immediate owner ____ ____ Highest-level owner ____ ____ Predecessor* ____ ____

* Predecessor CAGE code may be marked "Unknown."

(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

2023-11

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

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (DEVIATION 2026- O0048)

2023-01 Deviation 2026- O0048

2026-07

FAR Provisions Incorporated by Full Text

Alternate Deviation

Variation Effective Date

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov//

(End of provision)

52.252-5 Authorized Deviations in Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

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

The use in this solicitation of any (b) FAR/DFARS/AFARS/UAI/RFO (48 CFR Chapter_1__) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Provisions Incorporated by Full Text

Alternate Deviation

Variation Effective Date

252.215-7992 Only One Offer. (DEVIATION 2026-O0048)

2026-03 Deviation 2026- O0048

2026-03

ONLY ONE OFFER (DEVIATION 2026-O0048) (MAR 2026)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-2(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7994, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at 15.404).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.

S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-1 with the notification].

(4) As specified in FAR 15.403-1(d), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

KO CONTRACTING DIVISION, 7400 LEAKE AVE

NEW ORLEANS, LA 70118-3651

UNITED STATES

ANEDRA BALDWIN, EMAIL: ANEDRA.A.BALDWIN@USACE.ARMY.MIL TELEPHONE: (504) 862-1754

KO CONTRACTING DIVISION, 7400 LEAKE AVE

NEW ORLEANS, LA 70118-3651

UNITED STATES