N40085-25-C-0050 FE.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

N4008525B0006

1 of 29/18/2025

N4008525C0050 N6146325PR01747 1788443

N40085

NAVFACSYSCOM MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK VA 23511-0395

NORFOLK, VA 23511-0395

United States NATHAN WHYBREW, Contracting Officer, Telephone: 757-341-0660 Email:

nathan.b.whybrew.civ@us.navy.mil JACOB BUSILA, Contract Specialist, Telephone: 7573410558 Email:

jacob.a.busila.civ@us.navy.mil

JACOB BUSILA 7573410558

Project Title: FY25/26 MAINTENANCE DREDGING

FY25/26 MAINTENANCE DREDGING AT NAVAL STATION NORFOLK, NORFOLK, VIRGINIA RESPONSIBILITY

COMPETITION REQUIREMENTS: FULL AND OPEN COMPETITION

PROCUREMENT METHOD: INVITATION FOR BIDS

NAICS CODE: 237990

PSC CODE: Z1KF

ALL BID INQUIRIES MUST BE SUBMITTED NO LATER THAN 10 DAYS PRIOR TO BID OPENING DATE. All inquiries must be emailed to jacob.a.busila.civ@us.navy.mil and submitted on PBI Log (provided as an attachment herein). All plans, specifications and amendments will be posted to the sam.gov website.

BIDDERS SHALL PROVIDE THE FOLLOWING INFORMATION:

CAGE:

CONTRACTOR POC:

EMAIL:

PHONE:

NAVFAC SPECIFICATIONS WILL BE PROVIDED AS AN ATTACHMENT. Failure to provide this information may result in rejection of the bid.

15 180

FAR 52.211-10

1 2:00 PM

8/21/2025

Digitally signed by

WHYBREW.NATHAN.BOYD.1596454468

Date: 2025.09.19 16:35:42 -04'00'

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than theminimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish 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 thiscontract.

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.

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

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

CURTIN MARITIME CORP

Tommy Cappannelli

725 PIER T AVE

LONG BEACH, CA 90802-6234

United States Tommy Cappannelli, Telephone: 562-983-7257 Email:

TommyC@curtinmaritime.com

Cage: 4ADU6

562-983-7257

SEE ITEM 14

SEE SCHEDULE OF PRICES

SEE SCHEDULE

$5,466,335.45 SEE SCHEDULE

DEFENSE FINANCE AND ACCOUNTING SERV

CLEVELAND-NORFOLK ACCOUNTS PAYABLE

P O BOX 998022

CLEVELAND, OH 44199-8022

United States

NAVFACSYSCOM MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK VA 23511-0395

NORFOLK, VA 23511-0395

United States

Tommy Cappannelli Telephone: 562-983-7257 Email: TommyC@curtinmaritime.com

NATHAN B. WHYBREW

Email: nathan.b.whybrew.civ@us.navy.mil Telephone: 757-341-0660

Digitally signed by

WHYBREW.NATHAN.BOYD.15964544

Date: 2025.09.19 16:37:30 -04'00'

9/19/2025

N4008525C0050

Section 00 00 00 - Procurement and Contracting Requirements

NSN, FY25/26 MAINTENANCE DREDGING

Defense Priorities Allocation System (DPAS) Priority Rating: DO-C2 Date: 18 Sep 2025

For all official correspondence regarding this Contract, please use the following address:

9742 Maryland Avenue, Bldg. A-81 Norfolk, VA 23511 Attention: Jake Busila, Contract Specialist

Section 00 01 10 - Table of Contents

ATTACHMENTS:

DOCUMENT TYPE

DESCRIPTION PAGES DATE

Specifications

1788443_SPC 36 05/29/2025

Drawings

1788443_DWGS, 12,919,175- 12,919,183 1 05/29/2025

Drawings

1788443_Appendix A_Hydroid Net Typical Drawing

4 01/30/2025

Permit

1788443_Appendix B_Permits

79 01/30/2025

Sampling Data

1788443_Appendix C_Summary_DredgeSamplingData

239 01/30/2025

Design Revision

1788443_Design Revision 01

25 07/10/2025

Design Revision

1788443_Design Revision 02

16 08/13/2025

Wage Determination

VA20250001 6 02/21/2025

Proposal

Price Proposal Form

1 08/28/2025

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

Additional Information/Notes

AWARD INFORMATION

The Contractor shall provide all necessary labor, materials, services, equipment, travel and supervision necessary to accomplish the work in accordance with Solicitation N4008525B0006 FY25/26 Maintenance Dredging at Naval Station Norfolk, Norfolk, Virginia; including all attachments and drawings:

- 1788443_SPC, 138 pages, dated 26 February 2025 (attached)

- 1788443_DWGS, 12,919,175- 12,919,183, dated 18 February 2025 (attached)

- 1788443_Appendix A_Hydroid Net Typical Drawing

- 1788443_Appendix B_Permits

- 1788443_Appendix C_Summary_DredgeSamplingData

- 1788443_Design Revision 01, dated 10 July 2025 (attached)

- 1788443_Design Revision 02, dated 13 August 2025 (attached)

- Wage Determination VA20250001, dated 21 February 2025 (attached)

- Price Proposal Form, dated 28 August 2025 (attached)

- PPI Responses, dated 15 August 2025 (Incorporated below)

Total evaluated contract amount is $5,466,335.45

Note: The Contractor's Price Proposal Form is part of the Contractor's proposal and has been incorporated into the award, as attached. The Price Proposal Form shall be referred to for a breakdown of the unit prices within the CLINs in this award document.

Contract Completion Date: 180 calendar days in accordance with FAR 52.211-10.

In accordance with FAR Clause 52.211-12, Liquidated Damages - Construction in the basic solicitation the liquidated Liquidated Damages:

damages will be assessed for each calendar day of delay after contract completion date in the amount of $5,360 in Phase A and $385 in Phase B.

- General Decision Number: VA20250001 02/21/2025 is incorporated herein and applicable to this construction contract.Wage Determination

Project Description:

The work includes maintenance dredging at Naval Station Norfolk, Norfolk, VA using a clamshell bucket dredge. Disposal of material shall be transported via scow/barge to and placed at Norfolk Ocean Disposal Site as specified on dredging plans and permit documents. All dredging work, transportation and disposal shall be executed in strict compliance with all permit terms and conditions.

N/AExclusions:

ROICC Norfolk POCs:

Construction Manager (CM): Chad McBurney, 757-341-2045, kenneth.c.mcburney.civ@us.navy.mil Engineering Technician (ET): Kyle Shipman, 757-341-0606, kyle.a.shipman.civ@us.navy.mil Contract Specialist (CS): Jake Busila, 757-341-0558, jacob.a.busila.civ@us.navy.mil

Item Supplies/Service Quantity Unit Unit Price Amount

BASE PRICE MOBILIZATION

Centralized Unique Program Identification (CUPID): 000 Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Project USD 291,521.65 Firm Price

USD 291,521.65

000101

ERP PR 1301290787 FUNDING DOC NO.

N6146325PR01747

CIN: 130129078700001

ACRN: AA

PR Number: N6146325PR01747 PR Line Item Number: 0001

Funded Amount

USD 291,521.65

Funded Amount

USD 291,521.65

BASE PRICE - NAVAL STATION NORFOLK

FY 2025 MAINTENANCE DREDGING

Centralized Unique Program Identification (CUPID): 000 Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Project USD 4,943,813.80

Firm Price

USD 4,943,813.80

000201

ERP PR 1301290787 FUNDING DOC NO.

N6146325PR01747

CIN: 130129078700001

ACRN: AA

PR Number: N6146325PR01747 PR Line Item Number: 0001

Funded Amount

USD 4,943,813.80

Funded Amount

USD 4,943,813.80

0003 NAVAL STATION NORFOLK FY26 HYDROID

NET MAINTENANCE

Pricing Arrangement: Firm Fixed Price

1 Project USD 231,000.00 Firm Price

USD 231,000.00

000301

ERP PR 1301290787 FUNDING DOC NO.

N6146325PR01747

CIN: 130129078700001

ACRN: AA

PR Number: N6146325PR01747 PR Line Item Number: 0001

Funded Amount

USD 231,000.00

Funded Amount

USD 231,000.00

Section 00 70 00 - Conditions of the Contract

CONTRACT PAYMENT PROCEDURES

Department of Defense Federal Acquisition Supplement Procedures, Guidance, and Information (DFARS PGI) 204.7108 provides a standard set of payment instructions (in table format) that defines how payments should be made based on the payment request type and the service being acquired.

The link to the PGI table is as follows:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

WAGE DETERMINATION

Wage Determination No. VA20250001 dated 02/21/2025 applies to this task order and is incorporated via Attachment 8.

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspection at Destination and Acceptance by Government Representative

DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

Inspection and Acceptance Location

Both Destination Instructions: Inspection at Destination and Acceptance by Government Representative

DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

Inspection and Acceptance Location

Both Destination Instructions: Inspection at Destination and Acceptance by Government Representative

DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

Overall Contract Delivery Period

From date of lead time event to beginning of performance 15 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 180 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Required On Delivery Date 17 Jan 2026

1 Project Place of Performance DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

Delivery Required On Delivery Date 17 Jan 2026

1 Project Place of Performance DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

Delivery Required On Delivery Date 18 Mar 2026

1 Project Place of Performance DoDAAC: N45806 CountryCode: USA

NAVFAC MID-ATLANTIC PWD

NORFOLK FEAD, 9324 VIRGINIA AVENUE

NORFOLK, VA 23511-3624

UNITED STATES

Chad McBurney, Construction Manager Email: kenneth.c.mcburney.civ@us.navy.mil Telephone: 757-341-2045

ACRN LOA Total Amount

AA

1751804 52FM 254 61463 0 050120 2D 000000 A00009467255

USD 5,466,335.45

Line Item PR/MIPR - PR Line Item# CIN Amount

INFOSLIN 000101 N6146325PR01747 - 0001 130129078700001 USD 291,521.65

INFOSLIN 000201 N6146325PR01747 - 0001 130129078700001 USD 4,943,813.80

INFOSLIN 000301 N6146325PR01747 - 0001 130129078700001 USD 231,000.00

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-16 Preventing Personal Conflicts of Interest. Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017

52.204-2 Security Requirements. Mar 2021 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. Dec 2023

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.211-15 Defense Priority and Allocation Requirements. Apr 2008

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001) Jun 2020 Deviation 2022-O0001 Oct 2021

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001) Jun 2020 Deviation 2022-O0001 Oct 2021

52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-9 Small Business Subcontracting Plan. Jan 2025 52.222-3 Convict Labor. Jun 2003 52.222-7 Withholding of Funds. May 2014 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-12 Contract Termination-Debarment. May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014

52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). Aug 2018

52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-1 State and Local Taxes. Apr 1984 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Quantity Surveys. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.236-26 Preconstruction Conference. Feb 1995 52.237-3 Continuity of Services. Jan 1991

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities. Nov 2024

52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.246-12 Inspection of Construction. Aug 1996 52.246-21 Warranty of Construction. Mar 1994 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

Subcontracting with Firms that are Owned or Controlled by the Government of a

252.209-7004 Country that is a State Sponsor of Terrorism. May 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan 2023 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate. Dec 2006 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. Jan 2023

252.226-7003 Drug-Free Work Force. Aug 2024 252.227-7033 Rights in Shop Drawings. Apr 1966 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7005 Airfield Safety Precautions. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. Jan 2025 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.249-7002 Notification of Anticipated Contract Termination or Reduction. Dec 2022

FAR Clauses Incorporated by Full Text

52.203-13 Contractor Code of Business Ethics and Conduct. (Nov 2021)

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

(a) -Definitions. As used in this clause

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation-

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from-

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( , general manager; plant manager; head of a division or business segment; and similar positions).e.g.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-(1)

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) -The Contractor shall

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, (i) whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall-

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including-

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

.(d) Subcontracts The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR (1)

3.1004(a) on the date of subcontract award and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.203-14 Display of Hotline Poster(s). (Nov 2021)

DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c)-Display of fraud hotline poster(s).

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause;

and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

(Contracting Officer shall insert-

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the Subcontracts.

threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract-

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-1 Approval of Contract. (Dec 1989)

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.____

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) As used in this clause-Definitions.

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( ,e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the facilities e.g.

of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

. (b) Prohibition 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 (1) 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) This clause does not prohibit contractors from providing-Exceptions.

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

Reporting requirement.(d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any (1) system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all Subcontracts.

subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives FIFTEEN (15) the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ONE HUNDRED AND

The time stated for completion shall include final cleanup of the premises.EIGHTY (180) calendar days after receiving award.

PHASE A BASE BID DREDGING: COMPLETION DATE 120 DAYS AFTER AWARD DATE

PHASE B OPTION BID HYDROID NET: COMPLETION WITHIN OVERALL CONTRACT COMPLETION DATE

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of see below:

PHASE A FY25 BASE BID DREDGING AT NAVAL STATION NORFOLK $5,360

PHASE B FY26 OPTION BID HYDROID NET AT NAVAL STATION NORFOLK $385

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-23 Execution and Commencement of Work. (Apr 1984)

EXECUTION AND COMMENCEMENT OF WORK (APR 1984)

The Contractor shall indicate acceptance of this letter contract by signing three copies of the contract and returning them to the Contracting Officer not later than [insert date]. Upon acceptance by both parties, the Contractor shall proceed with performance of the work, including purchase of ____ necessary materials.

(End of clause)

52.216-24 Limitation of Government Liability. (Apr 1984)

LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding dollars.____

(b) The maximum amount for which the Government shall be liable if this contract is terminated is dollars.____

(End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)

Evaluation preference.(a) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) . A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor Waiver of evaluation preference will be added to its offer for evaluation purposes.

Offeror elects to waive the evaluation preference.

(c) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by Joint venture.

the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(a) . As used in this clause-Definitions

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

Small business concern-

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

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

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

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

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

(3) For long-term contracts-

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

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

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside…