A02_Specifications_W912EE21B0007.pdf

SOLICITATION NO. W912EE-21-B-0007

DATE: 4 Aug 2021

SPECIFICATIONS

FOR

COAHOMA, BOLIVAR, SUNFLOWER, & WASHINGTON

COUNTIES, MS

SEDIMENT REDUCTION STRUCTURES PHASE XI FC/MR&T

BIG SUNFLOWER RIVER BASIN

THIS PROCUREMENT IS A WOMAN-OWNED SMALL

BUSINESS SET-ASIDE

♦ Building Strong ♦ Serving the Army ♦Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435

INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

http://www.projnet.org/projnet

PLANS AND SPECIFICATIONS AVAILABLE ON THE SAM WEB

PAGE AT: http://sam.gov/ http://www.projnet.org/projnet http://sam.gov/

W912EE-21-B-0007

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 05 - METALS

05 60 00.00 09 WELDING

DIVISION 13 - SPECIAL CONSTRUCTION

13 60 00.00 09 MISCELLANEOUS ITEMS

DIVISION 31 - EARTHWORK

31 06 00.00 09 ENGINEERING FABRIC

31 11 00.00 09 CLEARING AND GRUBBING

31 23 03.00 09 EXCAVATION, BACKFILL, FILL, AND CONTROL OF WATER

31 32 13.19 09 LIME TREATMENT

31 37 00.00 09 STONE PROTECTION FOR STRUCTURES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 02.00 09 EROSION CONTROL

DIVISION 33 - UTILITIES

33 42 29.00 09 CORRUGATED METAL PIPE

DIVISION 34 - TRANSPORTATION

34 71 13.33 09 GUARDRAIL

-- End of Project Table of Contents –

PROJECT TABLE OF CONTENTS Page 1

COAHOMA, BOLIVAR, SUNFLOWER, &

WASHINGTON COUNTIES, MS

SEDIMENT REDUCTION STRUCTURES PHASE XI

FC/MR&T, BIG SUNFLOWER RIVER BASIN

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment, constructing ten (10) riser pipe grade control structures and one (1) guardrail in Coahoma, Bolivar, Sunflower, & Washington Counties, Mississippi. Principal features of the work include clearing and grubbing, excavation, fill, backfill, embankment, miscellaneous items, control of water, engineering fabric, stone protection, corrugated metal pipe, erosion control, lime treatment, welding, concrete work, guardrail, and storm water pollution prevention and environmental protection.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

X

SHELIA R BRADLEY (601) 631-7243

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

3 Aug 2021

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

SEE SPECIAL NOTICES TO BIDDERS

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101

11. The Contractor shall begin performance within 10 calendar days and complete it within 300 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( 00.80.00.00.09

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

5. REQUISITION/PURCHASE REQUEST NO.

W807PM11939493

6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

(601) 631-7261 FAX: TEL: TEL: FAX:

1. SOLICITATION NO.

W912EE21B0007

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by (hour) local time _______ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due. The bid opening date and time have not been established. It is anticipated that a bid opening date and time will be established by amendment in early September 2021.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 4-85)

Prescribed by

GSA

FAR (48 CFR) 53.236-1(e)

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

W912EE21B0007

Section 00010 - Solicitation Contract Form

BID SCHEDULE

COAHOMA, BOLIVAR, SUNFLOWER, & WASHINGTON COUNTIES, MS

SEDIMENT REDUCTION STRUCTURES PHASE XI

FC/MR&T, BIG SUNFLOWER RIVER BASIN

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

0001 BS-17-9A 1 JOB FOR $

0002 BS-17-9B 1 JOB FOR $

0003 BS-17-9C 1 JOB FOR $

0004 CB-19-18A 1 JOB FOR

0005 CB-19-18B 1 JOB FOR $

0006 BS-20-01 1 JOB FOR $

0007 BS-20-02 1 JOB FOR $

0008 BH-20-03 1 JOB FOR $

0009 BH-20-04 1 JOB FOR $

0010 BP-20-05 1 JOB FOR $

0011 BP-20-06 1 JOB FOR $

TOTAL $

NOTES:

(A) SOLICITATION NO. W912EE21B0007

PROJECT TITLE: COAHOMA, BOLIVAR, SUNFLOWER & WASHINGTON COUNTIES, MS,

SEDIMENT REDUCTION STRUCTURES PHASE XI, FC/MR&T, BIG SUNFLOWER RIVER BASIN

TYPE OF CONTRACT: FIRM-FIXED PRICE CONSTRUCTION

DISCLOSURE OF THE MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: BETWEEN

$1,000,000.00 AND $5,000,000.00

NAICS CODE: 237990 – OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION

SIZE STANDARD: $39,500,000.00

THIS PROCUREMENT IS A WOMAN-OWNED SMALL BUSINESS SET-ASIDE.

(B) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTP://WWW.PROJNET.ORG/PROJECT. SEE

PAGE ENTITLED “TECHNICAL INQUIRIES AND QUESTIONS”.

(C) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(D) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES

EXCEPT WHEN THE UNIT OF MEASURE IS SHOWN AS "LUMP SUM", "JOB" OR "EACH".

(E) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH

PROVIDES FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE

APPLICATION OF THE

LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT

STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A

PRO RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(F) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(G) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER

AS MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(H) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(I) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS

AND CERTIFICATIONS APPLICATIONS (ORCA) REGISTRATION. SEE FAR CLAUSES 52.204-7 AND

52.204-8 FOR REQUIREMENT INFORMATION. THE WEBSITE FOR ORCA IS WWW.SAM.GOV.

(J) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT

PERFORMANCE AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME

FRAME IN BLOCK 12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER

VERIFICATION OF ACCEPTABLE PERFORMANCE AND PAYMENT BONDS. WITHIN TEN (10)

CALENDAR DAYS AFTER ISSUANCE OF THE NTP, THE CONTRACTOR SHALL INITIATE A

MEETING TO DISCUSS THE SUBMITTAL PROCESS WITH THE AREA OR RESIDENT ENGINEER OR

HIS AUTHORIZED REPRESENTATIVE. PHYSICAL WORK CANNOT START UNTIL THE ACCIDENT

PREVENTION PLAN, CONTRACTOR QUALITY CONTROL PLAN, AND OTHER SUBMITTALS WHICH

MAY BE REQUIRED, HAVE BEEN SUBMITTED AND APPROVED AND ALL PRELIMINARY

MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE BEEN CONDUCTED.

(K) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED NOVEMBER 2014.

(L) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS.

REVISIONS OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE

ANNOUNCED BY AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

Section 00100 - Bidding Schedule/Instructions to Bidders

DETERMINATION OF RESPONSIBILITY REQUIREMENTS

In accordance with FAR 9.104-1 General Standards:

To be determined responsible, a prospective contractor must-

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)).

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(c) Have a satisfactory performance record (see 9.104-3 (b) and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2.

(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15).

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(See 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

(End of clause)

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: Flood Control Act of 1944, 1950, 1962 and 1965

APPROPRIATION: P.L. 115-244 ENERGY AND WATER, LEGISLATIVE BRANCH, AND MILITARY

CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2019 P.L. 116-94: Energy and Water Development and Related Agencies Appropriations Act, 2020

FUNDING CITATION: 96 x 3112

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1 - General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.

a. Specifications, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor, are parts of this Invitation.

b. (1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $39.5 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $30 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

SPECIAL NOTICES

1. DUE TO THE ONGOING COVID-19 PANDEMIC; BIDS SHALL BE MAILED TO THE VICKSBURG

DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155 CLAY STREET, VICKSBURG,

MISSISSIPPI 39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL BE CLEARLY MARKED

ON THE OUTER ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST BE RECEIVED PRIOR

TO THE EXACT TIME SET FOR BID OPENING.

BIDS MAY ALSO BE SUBMITTED BY HAND AT THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING LOBBY (4155 CLAY STREET, VICKSBURG, MS) ON THE DAY OF BID OPENING "ONLY"

AND MAY NOT BE SUBMITTED SOONER THAN (2) HOURS PRIOR TO THE TIME OF THE

SCHEDULED BID OPENING. BIDDERS HAND DELIVERING BIDS SHALL BE REQUIRED TO WEAR

A MASK THAT MUST BE WORN WHEN ENTERING THE BUILDING, OR YOU WILL BE DENIED

ACCESS. BIDDERS WILL ONLY HAVE ACCESS TO THE MAIN LOBBY. YOU MUST ENTER, HAND

OFF YOUR BID PACKAGE TO A REPRESENTATIVE OF THE VICKSBURG CONTRACTING

OFFICE, AND THEN IMMEDIATELY DEPART THE BUILDING AND THE HEADQUARTERS

GROUNDS.

NO DOD SAFE SUBMISSION OR ELECTRONIC RECIPT OF BIDS WILL BE ALLOWED FOR THIS

INVIATION FOR BIDS.

NO IN PERSON ATTENDANCE SHALL BE ALLOWED AT THIS BID OPENING;

THE BID OPENING MAY BE VIEWED ONLINE THROUGH “YOUTUBE LIVE AT THE BELOW LINK;

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

USERS SHOULD STAY ON THE HOME PAGE. ONCE THE LIVE STREAM STARTS, A NEW

STREAMING VIDEO SECTION WILL APPEAR ABOVE ALL THE EXISTING VIDEOS AND IT WILL

SAY “LIVE” ON THE BOTTOM RIGHT CORNER. USERS MAY NEED TO REFRESH THE PAGE TO

MAKE THAT SECTION APPEAR AND FOR THE VIDEO TO START PLAYING.

THE YOUTUBE LIVE LINK MAY ALSO BE FOUND BY GOING TO THE USACE VICKSBURG

DISTRICT WEB PAGE; HTTPS://WWW.MVK.USACE.ARMY.MIL/

CLICK “BUSINESS WITH US” AND THEN “CONTRACTING” WHERE THE LINK WILL BE AVAILABLE

UNDER “BID OPENINGS”.

2. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE RECEIVED UNTIL DATE AND

TIME OF BID OPENING.

3. THIS PROCUREMENT IS A WOMAN-OWNED SMALL BUSINESS SET-ASIDE.

4. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID SCHEDULE/INSTRUCTIONS TO

BIDDERS CLAUSE ENTITLED “SUBMISSION OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO

ENSURE THAT BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS

CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS INCLUDES, BUT IS NOT

LIMITED TO, BIDS SENT VIA: FEDERAL EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER

SERVICES, INC., EXPRESS MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND

PUROLATOR.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

6. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT CLAUSE ENTITLED,

“AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION”, WHICH WILL

APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw https://www.mvk.usace.army.mil/

7. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT REQUIREMENTS, CLAUSE ENTITLED

“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”.

8. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS CLAUSE, ENTITLED,

“PAYMENT INVOICES” WHICH WILL APPLY TO THE CONTRACT RESULTING FROM THIS

SOLICITATION. THE FEDERAL ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO”

ADDRESS OF THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

9. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN TELEGRAPHICALLY OR

BY ELECTRONIC COMMERCE.

10. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201

(EVALUATION OF CONTRACTOR PERFORMANCE) OF THE FEDERAL ACQUISITION

REGULATION (FAR), CONSTRUCTION CONTRACTOR’SPERFORMANCE SHALL BE EVALUATED

THROUGHOUT THE PERFORMANCE OF THE CONTRACT. THE UNITED STATES ARMY CORPS

OF ENGINEERS(USACE) FOLLOWS THE PROCEDURES OUTLINED IN

ENGINEERINGREGULATION 415-1-17 TO FULFILL THIS FAR REQUIREMENT. FOR

CONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00, THE USACE WILL

EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE A PERFORMANCE REPORT USING

THE CONSTRUCTION CONTRACTOR APPRAISAL SUPPORT SYSTEM (CCASS), WHICH IS NOW

A WEB-BASED SYSTEM. AFTER AN EVALUATION (INTERIM OR FINAL) IS WRITTEN UP BY THE

USACE, THE CONTRACTOR WILL HAVE THE ABILITY TO ACCESS, REVIEW AND COMMENT ON

THE EVALUATION FOR A PERIOD OF 30 DAYS. ACCESSING AND USING CCASS REQUIRES

SPECIFIC SOFTWARE, CALLEDPKI CERTIFICATION, WHICH IS INSTALLED ON THE USER’S

COMPUTER. THE CERTIFICATION IS A DEPARTMENT OF DEFENSE REQUIREMENT AND WAS

IMPLEMENTED TO PROVIDE SECURITY IN ELECTRONIC TRANSACTIONS. THE CERTIFICATION

SOFTWARE COULD COST APPROXIMATELY $110 - $125 PER CERTIFICATE PER YEAR AND IS

PURCHASED FROM AN EXTERNAL CERTIFICATE AUTHORITIES (ECA) VENDOR. CURRENT

INFORMATION ABOUT THE PKI CERTIFICATION PROCESS AND FOR CONTACTING VENDORS

CAN BE FOUND ON THE WEB SITE: HTTP://WWW.CPARS.NAVY.MIL/ . IF THE CONTRACTOR

WISHES TO PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO CCASS

AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR.

11. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER THIS CONTRACT WILL BE

MADE BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTORS ARE REQUIRED TO

COMPLETE FORM:

UFC-DISB-4.

THE FORM BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS FINANCE

CENTER AT:

HTTPS://WWW.TAM.USACE.ARMY.MIL/PORTALS/53/DOCS/UDC/ADMIN/DIRECT_DEPOSIT.PDF

THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS “B4."

12. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION

PART 14.303 (B) MODIFICATION OR WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN

PERSON BY A BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT TIME

SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS REQUESTING WITHDRAWAL IS

ESTABLISHED AND THAT PERSON SIGNS A RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG CONTRACTING OFFICE:

http://www.cpars.navy.mil/ https://www.tam.usace.army.mil/PORTALS/53/DOCS/UDC/ADMIN/DIRECT_DEPOSIT.PDF

CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

13. TECHNICAL INQUIRIES AND QUESTIONS ALL QUESTIONS MUST BE SUBMITTED VIA

PROJNET.

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG) . BIDDERS

ARE ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO BID OPENING IN ORDER TO

ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE RESPONSE AND AMEND

THE SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW INQUIRY ITEMS, PROSPECTIVE

VENDORS WILL NEED TO USE THE BIDDER INQUIRY KEY PRESENTED BELOW AND FOLLOW

THE INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE VENDOR WHO

SUBMITS A COMMENT /QUESTION WILL RECEIVE AN ACKNOWLEDGEMENT OF THEIR

COMMENT/QUESTION VIA EMAIL, FOLLOWED BY AN ANSWER TO THE COMMENT/QUESTION

AFTER IT HAS BEEN PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE THROUGH

PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE POSTED ON THE

FEDBIZOPS IN THE FORM OF A REPORT GENERATED FROM PROJNET AS SOON AS THE

COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL ANSWERS ARE ALL FINALIZED.

THE SOLICITATION NUMBER IS: W912EE21B0007

THE BIDDER INQUIRY KEY IS: BNHQ4W-GKN6PD.

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE UPPER

RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR

COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT WAS NOT

FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE, EMAIL,

SECRET QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO REMEMBER YOUR

SECRET QUESTION AND ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO ACCESS

THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED WITHIN

PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED 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.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

http://www.sam.gov/

(2) 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 unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Trade-style, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

http://www.sam.gov/ https://www.sam.gov/

Economic Area

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Memphis, Tennessee Non-SMSA (Non-Standard Metropolitan Statistical Area) Counties

26.5% 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Memphis, Tennessee, Non-SMSA Counties, which includes Coahoma, Bolivar, Sunflower, & Washington Counties, Mississippi.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Contracting Officer U.S. Army Corps of Engineers Vicksburg District 4155 Clay Street Vicksburg, Mississippi 39183-3435

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

U.S. Army Corps of Engineers Mr. Jason Overstreet, Project Engineer Greenwood Area Office 100 Moore Street, Greenwood, MS 38930-4512

Telephone (662) 453-5531, e-mail: GAO@usace.army.mil

(End of provision) mailto:GAO@usace.army.mil

52.252-1 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):

https://www.acquisition.gov/

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Acquisition Regulation (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)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or https://www.acquisition.gov/ http://dx.doi.org/10.6028/NIST.SP.800-171

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.sprs.csd.disa.mil/ mailto:webptsmh@navy.mil

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief

CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,00.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is…