A22_W912EE23B0011 Solicitation.pdf

SOLICITATION No. W912EE23B0011

SPECIFICATIONS

FOR

YAZOO COUNTY, MISSISSIPPI

YAZOO CITY PUMP STATION TRASH RAKE

FC/MR&T, YAZOO BASIN

YAZOO RIVER

THIS PROCUREMENT IS A TOTAL SMALL

BUSINESS SET-ASIDE.

♦Building Strong® ♦Serving the Army ♦Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-CTC

DATE: 06 July 2023

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INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

https://www.projnet.org

Plans and specifications will be available on the Web Page at:

https://sam.gov/ https://sam.gov/

W912EE-23-B-0011

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 03 - CONCRETE

03 30 00.00 09 CONCRETE

DIVISION 05 - METALS

05 05 20.00 27 POST-INSTALLED CONCRETE AND MASONRY ANCHORS

DIVISION 31 - EARTHWORK

31 23 03.00 09 EXCAVATION, FILL AND BACKFILL

31 37 00.00 09 STONE PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23.00 09 GRANULAR COURSES

32 92 02.00 09 EROSION CONTROL

DIVISION 33 - UTILITIES

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

DIVISION 46 - WATER AND WASTEWATER EQUIPMENT

46 20 30.00 09 BAR SCREEN TRASH RAKE - OVERHEAD MONORAIL TYPE

-- End of Project Table of Contents –

PROJECT TABLE OF CONTENTS Page 1

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

W912EE23B0011

Vicksburg Contracting Office 4155 Clay ST.

Vicksburg, MS 39183-3435

YAZOO COUNTY, MISSISSIPPI

YAZOO CITY PUMP STATION TRASH RAKE

FC/MR&T, YAZOO BASIN

YAZOO RIVER

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, and equipment, for constructing of the trash rake machine and access road realignment. Principal features of the work include mobilization and demobilization, installation of the trash rake machine, trash debris dump trailer, earthwork, stone protection, road paving, storm water pollution prevention, and environmental protection.

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

SEE SPECIAL NOTICES TO BIDDERS

5. REQUISITION/PURCHASE REQUEST NUMBER

W807PM31142551

W912EE

LAWREN BOOLOS 601.631.5211

107/06/2023

8/8/2023

14:00 CST

Section 00 80 00.00 09

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AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

W912EE

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

SEE SCHEDULE

See Item 14

SEE SCHEDULE OF PRICES

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

TRASH RAKE MACHINE AND

ROAD REALIGNMENT 1 JOB FOR $

YAZOO CITY PUMP STATION TRASH RAKE

TOTAL

BID SCHEDULE

W912EE23B0011

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 6 06-JAN-2023 Attachment 2 Specifications 191 07-JUL-2023

Section 00100 - Bidding Schedule/Instructions to Bidders

NOTES

(A) THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE UNDER NAICS

CODE 237990 WITH A SMALL BUSINESS SIZE STANDARD OF $45,000,000.00.

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Set-aside under NACIS Code 237990. The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (FAR 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

1. Total cost of contract = $

2. Total cost of performance by Prime and it’s similarly saturated entities = $

3. Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated Entities = (Line 1 / Line 2) X 100 = %

Partnering With Us, https://www.usace.army.mil/Business-With-Us/Partnering/, in all solicitation notices posted at the Governmentwide point of entry for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19 to be in compliance with FAR 36.211(b).

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

ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT

HTTPS://WWW.PROJNET.ORG/PROJECT. SEE SNTB PAGE ENTITLE “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 ITS 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, ITS BID WILL

BE DECLARED NONRESPONSIVE.

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

QUANTITIES AND ARE PROVIDED ONLY AS A BASIS TO ESTABLISH UNIT PRICES

FOR THE CONTRACT LINE ITEMS. ACTUAL QUANTITIES REQUIRED WILL VARY

BASED UPON THE ACTUAL WORK REQUIRED, AND AS DETERMINED IN THE

FIELD. IT IS EXPRESSLY UNDERSTOOD THAT THE ACCURACY OF ANY

ESTIMATED QUANTITIES IS IN NO WAY WARRANTED AND THAT THIS

INFORMATION WILL NOT RELIEVE A BIDDER FROM THE RESPONSIBILITY TO

ESTIMATE THE QUANTIES INVOLVED. IT IS FURTHER EXPRESSLY

UNDERSTOOD IN NO CASE WILL SUCH ESTIMATED QUANTITIES BE USED AS A

BASIS OF A CLAIM AGIANST THE GOVERNMENT.

(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 AT

WWW.SAM.GOV. SEE FAR CLAUSES 52.204-7 AND 52.204-8 FOR REQUIREMENT

INFORMATION.

(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 SEVEN (7) 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.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: Flood Control Acts of 1928, 1936, 1937, 1938, 1941, 1944, and 1946

APPROPRIATION: FY22 IIJA (Supplemental) (BIL), P.L. 117-58 INFRASTRUCTURE

INVESTMENT AND JOBS ACT, 2022

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 $45 million.

SPECIAL NOTICES

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

HAND OFF YOUR BID PACKAGE TO A REPRESENTATIVE OF THE VICKSBURG

CONTRACTING OFFICE. PRIOR TO OPENING OF BIDS, BIDDERS ATTENDING IN

PERSON WILL BE ESCORTED TO THE BID OPENING ROOM.

NO ELECTRONIC RECIPT OF BIDS WILL BE ALLOWED FOR THIS INVIATION FOR

BIDS.

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. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID

SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE 52.214-5 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.

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. 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, CALLED PKI 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.

10. ELECTRONIC FUNDS TRANSFER (EFT)

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

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

The below links are provided for your information.

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

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

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

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f39 61958

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

11. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN

ELECTRONICALLY OR BY TELEPHONE.

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:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

12. 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: W912EE23B0011

THE BIDDER INQUIRY KEY IS: EMEXR4-3TVIU6

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 52.209-7 Information Regarding Responsibility Matters OCT 2018 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.

(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) Tradestyle, 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:

Goals for minority participation for each trade

Goals for female participation for each trade

32% 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 Jackson, Mississippi, Non-SMSA Counties, which includes Yazoo County, 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.

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:

(8:00 a.m. to 4:45 p.m., Monday through Friday): U.S. Army Corps of Engineers, Mr. Jason Overstreet, Area Engineer, Greenwood Area Office, 100 Moore Street, Greenwood, MS 38930-4512, telephone (662) 453-5531

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 Federal Acquistion 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

(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)

252.204-7016 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 (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).

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)

(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/asda/dpc/cp/cyber/safeguarding.html#nistSP800171.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP…