B.02 - Solicatation combined Drawings & Specs - W912HN25B5004.pdf

1. This SOLICITATION is issued for Full & Open Competition under NAICS Code 237990.

2. This Acquisition w ill be aw arded in Accordance w ith FAR 14 (Sealed Bidding)

3. The Contractor must be registered in System of Aw ard (w w w .SAM.gov)

4. The pricing information of the successful offeror shal be incorporated upon aw ard of the contract.

5. Per DFARS 236.204(i), the Construction Magnitude is $5,000,000 and $10,000,000.

6. Contractual POC is Rohan Bryan at rohan.a.bryan@usace.army.mil.

X

ROHAN BRYAN 912-652-5619

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

15-Nov-2024

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________106 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Dec 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______100 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

SEE SCHEDULE

SEE SCHEDULE

SAVANNAH GA 31401

W912HN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

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

FAX:TEL: TEL: FAX:

W912HN25B5004 69

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ 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:

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)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(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 of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-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

(M ust be fully completed by offeror)OFFER

W912HN25B5004

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

CLIN SCHEDULE

MAINTENANCE DREDGING

ENTRANCE CHANNEL, SAVANNAH HARBOR, GEORGIA

FOR BID ITEM 0001 – 0003 SEE SECTION 352023

ESTIMATED LINE ITEMS SHALL NOT EXCEED THE ESTIMATED AMOUNT WITHOUT PRIOR

APPROVAL OF THE CONTRACTING OFFICER.

PLEASE NOTE: ATTACHMENT 1 TO SECTION 00 73 00, REQUIRES DREDGE PLANT DATA SHEETS

AND EQUIPMENT SCHEDULE TO BE ATTACHED TO BID FORM.

TOTAL BID ITEMS

TOTAL BASE (Items 0001 through 0003) $_______________________

TOTAL OPTIONS (Items 0004 through 0005) $_______________________

TOTAL BID (Items 0001 through 0005) $_______________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization & DemobilizationFFP

FOB: Destination

NET AMT

0002 1 Job P&P BondsFFP

Maint Sav DredgingFFP

Savannah Harbor Entrance Channel, Station 0+000 to -65+000 (DO NOT BID

THIS CLIN)

0003AA 500,000 Cubic

Yard

Maint Sav DredgingFFP Maintenance Dredging, Savannah Harbor Entrance Channel, Station 0+000 to - 65+000, First 500,000 cubic yards

0003AB 150,000 Cubic

Yard

Maint Sav DredgingFFP Savannah Harbor Entrance Channel, Station 0+000 to -65+000, all over 500,000 cubic yards

OPTION Stand-by TimeFFP

(DO NOT BID THIS CLIN)

0004AA 1 Days OPTION Stand By TimeFFP

First Day

0004AB 1 Days OPTION Stand By TimeFFP

All Over One Day

OPTION Trawling RequirementsFFP

Abundance/Relocation (DO NOT BID THIS CLIN)

0005AA 5 Days OPTION Trawling RequirementsFFP

(Abundance/Relocation) All over five (5) days

0005AB 25 Days OPTION Trawling RequirementsFFP

(Abundance/Relocation) All over twenty-five (25) days

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. Pre-Award Information:

This Acquisition is Unrestricted. This is a Single Firm Fixed Price Contract for Savannah Harbor Entrance Channel Maintenance Dredging Contract in Savannah, Ga.

2. Submission of Bids:

a. Electronic Submission if Bids as per the instructions provided below in #3.

b. Contract shall be awarded to the responsive and responsible, lowest prospective contractor. Before award, to be determined responsible, a prospective contractor must furnish the following information with submitted bid:

• Standard Form 1442 completed and signed by an authorized person.

• Unit and Total Pricing for all items in the bid schedule.

• Bid Bond Guarantee per FAR 52.228-1.

c. Failure to provide a bid bond guarantee per FAR 52.228-1 could render your bid nonresponsive. An electronic copy of the bid guarantee must be submitted with the electronic bid submission.

d. In accordance with the Department of Defense Class Deviation 2020-O0016, an electronic copy of the Bid Bonds must be provided with your proposal. It is not necessary to mail in hardcopies of the bonds.

In addition to submitting your Bid Bonds electronically with your bid, you may email the electronic copy of the bids bonds to the Contract Specialist at rohan.a.bryan@usace.army.mil, and the contracting officer at glenda.a.canty@usace.army.mil.

e. Contractors are responsible for providing a timely and proper submission of Bid Bonds prior to the IFB due date and time. Please label the bid bonds to indicate the following:

Invitation for Bid No: W912HN25B5004 Due Date of Proposal: 17 Dec 2024 Time by which Proposals are due: 1:00 p.m. (EST) Title of Project: Savannah Harbor Entrance Channel Maintenance Dredging Project

f. Any applicable Teaming Agreement. Offerors submitting as joint venture must provide the legal agreement forming the Joint Venture.

g. Current Financial Statement (e.g. the last three years financial statements, Annual Reports, UEI and Bradstreet ratings and /or numbers, etc.) Provide a list of all current contracts held, total dollar value, award date, anticipated completion, performance and payment bond amount. (The financial statement information will be protected from disclosure by the Contracting Officer.)

h. The Offeror’s bid shall be submitted electronically, as described below. The Offeror’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited. The offeror’s bid is due in accordance with block 13 of the SF1442.

**The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for bids to be received in accordance with the instructions provided. ** mailto:rohan.a.bryan@usace.army.mil mailto:glenda.a.canty@usace.army.mil

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access to your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format and titled in the following format: W912HN25B5004_COMPANY NAME_DOCUMENT NAME.

3. EMAIL SUBMISSION OF BIDS:

Bid shall be submitted electronically, as described below. The Offeror’s Bid shall not contain classified data.

The use of hyperlinks in the bid is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is as described below.

Bids must be received by the Government by the date/time specified in the solicitation. Offerors shall submit their Bid via email to the Contract Specialist Rohan Bryan at rohan.a.bryan@usace.army.mil and cc the Contracting Officer Glenda Canty at glenda.a.canty@usace.army.mil. These are the only two individuals authorized to receive your bid. It is inappropriate and further prohibited to furnish your bid or discuss its contents with anyone other than contracting personnel.

** The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for proposals to be received in accordance with the instructions provided.

4. Quality Control System (QCS)

Any contract award resulting from this solicitation will require the mandatory use of the automated Quality Control System. Please see Section 01 45 00 for additional information.

5. Technical Matters.

a . Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at

(https://www.projnet.org) no later than 10 calendar days before the bid due date. No site visit will be scheduled for this project.

b. If a Bidder believes that the requirements in this Invitation for Bid contain an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Invitations for Bid based on the initial bid, as received, without discussion.

c. 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 or question will receive an acknowledgement via email, followed by an answer 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 sam.gov in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

Invitation for Bid No: W912HN25B5004 Title of Project: Savannah Harbor Entrance Channel Maintenance Dredging Project Bidder Inquiry Key: JHSC2A-5D64TB

Specific Instructions for Initial Projnet Bid Inquiry Access:

1) From the ProjNet home page, click on Quick Add on the upper right side of the screen.

2) Identify the Agency as USACE.

mailto:rohan.a.bryan@usace.army.mil mailto:glenda.a.canty@usace.army.mil

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. 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:

• Steps 1 through 3: same as above.

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

• Click Continue. A page will then open asking for the answer to your Secret Question.

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

6. VIRTUAL BID OPENING.

a. Individuals interested in participating in the virtual bid opening can participate by following these instructions.

b. Interested individuals will navigate to the WEBEX link below and enter their email address and name.

c. Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.

d. Upon entering the WEBEX room, you will choose the audio option for "Call Me" and enter your phone number to join the conference call. Upon entering the phone number, WEBEX will call the number you entered.

e. Answer the phone, enter the security code noted below, and speak your name clearly. You will now have entered the audio portion of the WEBEX meeting. The bids will be read aloud and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet.

f. The WEBEX virtual bid opening will begin at 2:00 p.m. EST on the bid due date. WEBEX participants should be logged into the WEBEX room and audio portion at least 5 minutes prior to avoid missing any of the virtual bid opening.

g. A list of attendees and a bid abstract will be posted to the solicitation notice on https://sam.gov.

approximately 3 business days after the virtual bid opening.

7. WEBEX Meeting Information

Meeting Link: https://usace1.webex.com/usace1/j.php?MTID=m8f0800d9dcb012cb03d53da809a95aa6 Join by meeting number Meeting number (access code) 2820 409 2840 Meeting password: kuPpEwB$563 Tap to join from a mobile device (attendee only) +1-844-800-2712,,2818221894## US Toll Free +1-669-234-1177,, 2818221894## US Toll

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Global call-in numbers / Toll-Free calling restriction

Join from a video system or application https://sam.gov/ blockedhttps://usace1.webex.com/usace1/j.php?MTID=m8f0800d9dcb012cb03d53da809a95aa6

Dial 28182211894@usace1.webex.com You can also dial 207.182.190.20 and enter your meeting number.

8. Apparent Clerical Mistakes.

a. For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder.

1) Obviously misplaced decimal points will be corrected.

2) Discrepancy between unit price and extended price, the unit price will govern.

3) Apparent errors in extension of unit prices will be corrected.

4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

9. SUBCONTRACTING PLAN GOALS

SUBCONTRACTING PLAN SMALL BUSINESS GOALS

a. Attention is directed to Federal Acquisition Regulations (FAR) clause 52.219-9 “Small Business Subcontracting Plan” and Defense Federal Acquisition Regulations Supplement (DFARS) clause 252.219-7003 “Small Business Subcontracting Plan (DoD Contracts). Subcontracting plans will be evaluated in accordance with Army Federal Acquisition Regulations Supplement (AFARS) Appendix DD, (APDD) “Subcontracting Plan Evaluation Guide”. The guide is available at:

https://www.acquisition.gov/afars/subcontracting-plan-evaluation-guide.

b. Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

c. Subcontracting plans should be realistic, challenging, and achievable, with positive percentage and dollar subcontracting goals with:

• Small Business (SB)

• Small Disadvantaged Business (SDB)

• Women Owned Small Business (WOSB)

• Service Disabled Veteran Owned Small Business (SDVOSB)

• Veteran Owned Small Business (VOSB)

• Historically Underutilized Business Zone (HUBZone)

• Historically Black Colleges and Universities and Minority Institutions (HBCU/MI)

d. If the proposed subcontracting goals are lower than the below U. S. Army Corps of Engineers

“targets” for subcontracting, you are required to provide written justification with your proposed subcontracting plan to fully support your rationale for using lower goals.

e. You are reminded that contractors are measured against the approved subcontracting plan goals and may be assessed liquidated damages if a good faith effort has not been made toward meeting the agreed-upon goals. (See FAR clause 52.219-16 “Liquidated Damages – Subcontracting Plan”.

10. The following subcontracting targets have been assigned to the U. S. Army Corps of Engineers (USACE)

USACE Subcontracting Target

• Small Business (SB) 28.40% sip:28182211894@usace1.webex.com https://www.acquisition.gov/afars/subcontracting-plan-evaluation-guide

• Small Disadvantage Business (SDB) 10.67%

• Women Owned Small Business (WOSB) 2.07%

• HUBzone Small Business (HUBzone) 1.42%

• Service Disabled Veteran Owned SB (SDVOSB) 2.34%

Stated percentages are based on the total amount of planned subcontracting.

Additional information concerning subcontracting plan requirements may be obtained from Ms. Jennifer Cavanagh, Deputy for Small Business, Phone: 912-652-5539.

11. Wage Determination.

• Project Wage Decision Number: 2025GA-28704308103024-01 State: Georgia County: Brantley Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024 Expires: 04/27/2025 Modification Number: N/A

Classification(s)

Hourly Rate Fringe Benefits Self-Propelled Hopper Dredge, Dredge, Drag Tender

$17.20 $0.00

• Project Wage Decision Number: 2025GA-28704308103024-02

County: Bryan Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024

• Project Wage Decision Number: 2025GA-28704308103024-03

County: Camden Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024

• Project Wage Decision Number: 2025GA-28704308103024-04

County: Charlton Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024

• Project Wage Decision Number: 2025GA-28704308103024-05

County: Effingham Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024

• Project Wage Decision Number: 2025GA-28704308103024-06

County: Glynn Project Name: South Atlantic Division Regional Harbor Dredging Description of Work (as clarified): Savannah District maintenance dredging for Savannah Harbor.

Date of Decision: 10/30/2024

OFFEROR IDENTIFICATION

Offeror is requested to furnish the following information:

Name/Address: ____________________________________________________________

Telephone No. ____________________________________________________________

EIN: ________________________ CAGE: _______________________

CORPORATE CERTIFICATES

The offeror shall execute and affix seal on attached Corporate Certificate if the company is incorporated. Company name on the seal should always be the same as company name on Page A-1 of the solicitation. If a proposal is signed by an officer of the company, the certificate shall be certified by another officer of the company. If the proposal is signed by someone other than an officer of the company, the proposal must be accompanied by: (1) a Corporate Resolution that individual signing the contract has authority to bind the company; or (2) a Corporate Resolution stating that an officer of the company may appoint individuals to sign proposals and bind the company.

NOTE: Contractor, if a corporation, should cause the following certificate to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the certificate.

CERTIFICATE

I, ________________________________________________ , certify that I am ____________________________________________of the corporation named Contractor herein, that _____________________________________________ signed this contract on behalf of the Contractor, was then ______________ of said corporation; that said contract was duly signed for and in of said corporation by authority of its governing body, and is within the scope of its corporate powers.

____________________________________ (CORPORATE SEAL)

TAXPAYER IDENTIFICATION

Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(a) Taxpayer Identification Number (TIN).

___ TIN:.___________________________

___ TIN has been applied for.

___ TIN is not required because:

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

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(b) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ______________________________

(c) Common parent.

___ Offeror is not owned or controlled by a common parent ___ Name and TIN of common parent:

Name _________________________________

TIN ___________________________________

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.230-5 Cost Accounting Standards -- Educational Institutions JUN 2020 52.232-13 Notice Of Progress Payments APR 1984 52.236-1 Performance of Work by the Contractor APR 1984 52.246-21 Warranty of Construction MAR 1994 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

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

(2) The small business size standard is $45,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

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

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

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

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

https://www.sam.gov/

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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 telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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 telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements…