SOLICITATION DOCUMENT AND PROJECT SPECIFICATIONS W912P620B0026 IHC CDF Dike Expansion.pdf
PDF 28 MB Posted
- Attached to
- INDIANA HARBOR AND CANAL CONFINED DISPOSAL FACILITY DIKE EXPANSION, EAST CHICAGO, INDIANA
- Solicitation number
- W912P620B0026
About this file
This solicitation notice seeks bids for a construction project entitled "Indiana Harbor and Canal Confined Disposal Facility Dike Expansion, East Chicago, Indiana." The United States Army Corps of Engineers - Chicago District will receive bids under Solicitation Number W912P620B0026 until September 3, 2020. The project requires raising the crest elevation of an existing 8,833-foot long compacted clay dike by 3 feet and widening a 2,000-foot segment by 40 feet. Optional work includes further raising the crest by 8 feet and widening the remaining dike segment. The project will place approximately 350,000 cubic yards of compacted fill and perform other tasks including constructing access ramps, placing riprap, installing drainage features, rebuilding structures, and replacing utilities. Competition is reserved for small businesses with a size standard of $39.5 million. The construction cost is estimated between $10-25 million. Bidders must register in the System for Award Management to comply with representations and certifications requirements.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SOLICITATION NO: W912P620B0026
CHICAGO DISTRICT
LEADERS IN CUSTOMER CARE
INDIANA HARBOR AND CANAL
CONFINED DISPOSAL FACILITY
DIKE EXPANSION
CONSTRUCTION SOLICITATION
AND SPECIFICATIONS
Ready To Advertise W912P620B0026 August 3, 2020
IHC Confined Disposal Facility Dike Expansion W912P620B0026
PROJECT TABLE OF CONTENTS
DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS
00 10 00 SOLICITATION
00 21 13 INSTRUCTIONS TO BIDDERS
00 22 13 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 70 00 CONDITIONS OF THE CONTRACT
00 73 00 SUPPLEMENTARY CONDITIONS
WAGE RATES
DIVISION 00 LEVEL 2 – SUBSURFACE IMFORMATION
00 31 24.13 SOIL CONTAMINATION REPORT
00 31 32.13 SUBSURFACE DRILLING AND SAMPLING INFORMATION
DIVISION 01 GENERAL REQUIREMENTS
01 10 00 GENERAL PROVISIONS
01 11 00 SUMMARY OF WORK
01 22 00.00 10 PRICE AND PAYMENT PROCEDURES
01 32 01.00 10 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 35 29.13 HEALTH, SAFETY, AND EMERGENCY RESPONSE PROCEDURES
FOR CONTAMINATED SITES
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)
01 52 02 TEMPORARY CONSTRUCTION FACILITIES
01 57 20.02 03 ENVIRONMENTAL PROTECTION FOR INDIANA
01 58 00 PROJECT IDENTIFICATION
01 78 00 CLOSEOUT SUBMITTALS
DIVISION 02 EXISTING CONDITIONS
02 41 00 DEMOLITION
02 65 01 OBSTRUCTION REMOVAL
02 81 00 STORAGE, TRANSPORATION, AND DISPOSAL OF HAZARDOUS MATERIALS
AND FREE PRODUCT WASTES
DIVISION 03 CONCRETE
03 30 00 CAST-IN-PLACE CONCRETE
DIVISION 05 METALS
05 12 00 STRUCTURAL STEEL
05 50 13 MISCELLANEOUS METAL FABRICATIONS
DIVISION 09 FINISHES
09 97 02 PAINTING: HYDRAULIC STRUCTURES
IHC Confined Disposal Facility Dike Expansion W912P620B0026
DIVISION 26 ELECTRICAL
26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS
DIVISION 31 EARTHWORK
31 00 00 EARTHWORK
31 05 19 GEOTEXTILE
32 23 00.00 20 EXCAVATION AND FILL
31 37 03 RIPRAP FOR EROSION CONTROL
31 62 16.00 10 STEEL H-PILES
U U
DIVISION 32 EXTERIOR IMPROVEMENTS
32 15 00 AGGREGATED SURFACING
32 92 19 SEEDING
DIVISION 33 UTILITIES
33 46 13 SOIL GAS VENTING SYSTEM
33 46 16.02 03 FORCE MAIN GROUND WATER REMOVAL
33 51 39 MONITORING WELLS (PIEZOMETERS)
33 61 13.19 VALVES, PIPING, AND EQUIPMENT IN VALVE MANHOLES
33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION
DIVISION 35 WATERWAY AND MARINE CONSTRUCTION
35 45 02.00 10 SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED-FLOW TYPE
35 73 13 EMBANKMENT FOR EARTH AND ROCKFILL DAMS
DIVISION 40 PROCESS INTEGRATION
40 05 13 PIPELINES AND MISCELLANEOUS PIPING
-- End of Project Table of Contents –
W81G6693037733
Title: Indiana Harbor and Canal Confined Disposal Facility Dike Expansion, East Chicago, Indiana
Description: This project requires a typical 3-ft increase in crest elevation of the existing 8,833-ft long compacted clay dike (a dam) and w idening a 2,000-ft long segment of the dike base by a typical amount of 40 ft. Optional w ork includes raising the crest an additional 8 ft in elevation and w idening the base of the remaining dike segment. The project, including base and option, w ill place roughly 350,000 CY of compacted fill, tw o exterior access ramps, tw o interior access ramps, placement of riprap on the interior dike slope, a chimney drain and filter, a designated overtopping location, a new gravel access road, seeding the exterior of the dike, a collection trench and of f-gassing vent, a w eather monitoring station, modification of a pile-supported concrete decant structure, and replacement of force mains, valves, concrete vaults and manholes, lif t station pumps, piezometers and air monitoring pads.
COMPETITION FOR THIS ACQUSIITION IS 100% SMALL BUSINESS SET-ASIDE. The North American Industry Classification Code is 237990, w ith a SB size in dollars of $39.5M. The Est. Magnitude of Construction is betw een $10M and $25M. Wage Rates: General Decision
IN20200001 07/24/2020
X
ERICKA D. HILLARD 312-846-5378
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
03-Aug-2020
(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 ________750 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect. 00 70 00
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 ______________03 Sep 2020 (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 of fers 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 _______90 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
U.S. ARMY ENGINEER DISTRICT, CHICAGO
231 SOUTH LASALLE STREET SUITE 1500
CHICAGO IL 60604-1437
W912P6
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 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: 312.846.5371 TEL: FAX:
W912P620B0026 71
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
Section 00 10 00 - Solicitation
CONTRACT BID FORM(BID SCHEDULE
- WHEREIN STATED IN THIS SOLICITATION "OFFER OR OFFEROR", IT MEANS BID
OR BIDDER
THE BELOW BID FORM SERVES AS THE BID SCHEDULE AND SHALL BE USED BY THE OFFEROR TO
ENTER ITS BID PRICING
DISTINCTION OF LINE ITEMS:
The below Bid Schedule contains a combination of Firm Fixed Price (FFP) and cost reimbursable line items.
Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a Firm Fixed Price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, the contractor will be reimbursed as stated within the extended description of the cost reimbursable line items.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
BASE WORK
FFP
The Contractor shall provide pricing at Sub-Items 0001AA through 0001BG, as this Item 0001 identifies the information that relates directly to Sub-items 0001AA through 0001BG; therefore, this item 0001 is not to be scheduled separately for delivery, nor is it to be identified separately for shipment or performance. Further, Item 0001 is not to be priced separately for payment purposes.
PURCHASE REQUEST NUMBER: W81G6693037733
NET AMT
0001AA 1 Job
MOBILIZATION
FFP
Under this CLIN, the contractor is required to perform mobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize its equipment and labor force to the project site.
Payment Provisions: The Government will pay all costs for the mobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.
PSC CD: Y1PZ
0001AB 1 Job
DEMOBILIZATION
FFP
Under this CLIN, the contractor is required to perform demobilization activities.The contractor will be compensated for the totality of its activities needed to demobilize its equipment and labor force to the project site.
Payment Provisions: The Government will pay all costs for the demobilization of all of the Contractor's plant and equipment at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.
0001AC 1 Job
TEMPORARY CONSTRUCTION FACILITIES
FFP
0001AD 1 Job
DEMOLITION AND REMOVAL
0001AE 1 Job
PIEZOMETER DECOMMISSIONING FOR PARTIAL
FFP
EXPANSION (MW-01C, 02C, 03C, 04C, 05C, 06C, 07C, AND 07T)
0001AF 1 Job
EXTERIOR ACCESS ROAD RELOCATION
FFP
(NORTHWEST CORNER)
0001AG 1 Job
EXTERIOR RAMP (NORTHWEST CORNER)
0001AH 1 Job
INSTALLATION CHIMNEY DRAIN AND FILTER
0001AJ 1 Job
TAR SEEP COLLECTION LAYER AND SOIL GAS
FFP
VENT
0001AK 8,124 Cubic
Yard
STRIPPING TOPSOIL
0001AL 3,343 Cubic
REUSE TOPSOIL (DOWNSTREAM SLOPE OF
WIDENED EMBANKMENT AREA)
0001AM 4,805 Net Ton
(2,000
LB).
RIPRAP (UPSTREAM SLOPE)
0001AN 25,122 Cubic
CLAY FILL
0001AP 52,321 Cubic
SATISFACTORY FILL
0001AQ 4.10 Acre
SEEDING (DOWNSTREAM SLOPE OF WIDENED
FFP
EMBANKMENT AREA)
0001AR 1 Job
INSTALLATION OF WEATHER STATION
FFP
INFRASTRUCTURE
0001AS 1 Job
UTILITY POLE RELOCATE(NORTHWEST CORNER)
0001AT 1 Lot
PERFORMANCE AND PAYMENT BOND
FFP
FOR BID ITEMS 0001AA THROUGH 0001AS
THIS IS A COST-REIMBURSABLE LINE ITEM - The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.
Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.
PURCHASE REQUEST NUMBER: W81G6693037733
0001AU 1 Job
OPTION DESIGNATED EMERGENCY OVERTOPPING
FFP
LOCATION (BASE OPTIONAL WORK)
0001AV 1 Job
OPTION INTERIOR RAMPS (BASE OPTIONAL WORK)
0001AW 1,033 Net Ton
OPTION RIPRAP (CREST) (BASE OPTIONAL WORK)
0001AX 1 Job
OPTION NEW AGGREGATE DIKE CREST ACCESS ROAD
FFP
(BASE OPTIONAL WORK)
0001AY 1,546 Cubic
OPTION REUSE TOPSOIL (CREST)
(BASE OPTIONAL WORK)
0001AZ .50 Acre
OPTION SEEDING (CREST) (BASE OPTIONAL WORK)
0001BA 1 Job
OPTION EIGHT AIR MONITORING PAD STATIONS FOR
FFP
FOR PARTIAL EXPANSION (BASE OPTIONAL WORK)
0001BB 1 Job
OPTION PIEZOMETER INSTALLATION FOR PARTIAL
FFP
EXPANSION (MW-01CR, 02CR, 03CR, 04CR, 05CR, 06CR, 07CR, AND PZ-
02T) (BASE OPTIONAL WORK)
0001BC 1 Job
OPTION FORCE MAIN PIPES, VALVES, AND VALVE
FFP
VAULTS (WITHIN DIKE ONLY), AND RIPRAP AT OUTFALLS (BASE
OPTIONAL WORK)
0001BD 300 Linear
Foot
OPTION ADDITIONAL DIKE WIDENING ALIGNMENT
(FIRST 300 LF) (BASE OPTIONAL WORK)
0001BE 200 Linear
(NEXT 200 LF) (BASE OPTIONAL WORK)
0001BF 100 Linear
(NEXT 100 LF) (BASE OPTIONAL WORK)
0001BG 1 Lot
OPTION PERFORMANCE AND PAYMENT BOND
FFP
FOR BID ITEMS 0001AU THROUGH 0001BF FOR BASE OPTIONAL WORK
THIS IS A COST-REIMBURSABLE LINE ITEM - The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.
Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.
OPTION OPTION WORK
FFP
The Contractor shall provide pricing at Sub-Items 0002AA through 0002AV, as this Item 0002 identifies the information that relates directly to Sub-items 0002AA through 0002AV; therefore, this item 0002 is not to be scheduled separately for delivery, nor is it to be identified separately for shipment or performance. Further, Item 0002 is not to be priced separately for payment purposes.
0002AA 1 Job
OPTION TEMPORARY CONSTRUCTION FACILITIES
0002AB 1 Job
OPTION DEMOLITION AND REMOVAL
0002AC 1 Job
OPTION AIR MONITORING PAD STATIONS FOR FULL
FFP
EXPANSION
0002AD 1 Job
OPTION PIEZOMETER DECOMMISSIONING FOR FULL
FFP
0002AE 1 Job
OPTION PIEZOMETER INSTALLATION FOR FULL
FFP
0002AF 1 Job
OPTION INTERIOR RAMPS
0002AG 1 Job
OPTION NEW AGGREGATE DIKE ACCESS ROAD (CREST)
0002AH 1 Job
OPTION AGGREGATE TURNAROUND
0002AJ 1 Job
OPTION EXTERIOR RAMP (NORTHWEST CORNER)
0002AK 1 Job
OPTION EXTERIOR ACCESS ROAD RELOCATION
FFP
(SOUTHWEST CORNER)
0002AL 1 Job
OPTION EXTERIOR RAMP WITH DESIGNATED EMERGENCY
FFP
OVERTOPPING LOCATION (SOUTHWEST CORNER)
0002AM 1 Job
OPTION DECANT STRUCTURE MODIFICATION
0002AN 1 Job
OPTION LIFT STATION PUMPS, FORCE MAIN PIPES,
FFP
VALVES, FLOW METERS, VAULTS, AND RIPRAP AT OUTFALLS
0002AP 1 Job
OPTION INSTALLATION CHIMNEY DRAIN AND FILTER
0002AQ 14,171 Cubic
OPTION STRIPPING TOPSOIL AND REUSE
0002AR 5,695 Net Ton
OPTION RIPRAP
0002AS 37,041 Cubic
OPTION CLAY FILL
0002AT 228,160 Cubic
OPTION SATISFACTORY FILL
0002AU 1 Job
OPTION UTILITY POLE RELOCATES(SOUTHWEST CORNER)
0002AV 17 Acre
OPTION SEEDING
0002AW 1 Lot
OPTION PERFORMANCE AND PAYMENT BOND
FFP
FOR BID ITEMS 0002AA THROUGH 0002AV FOR OPTION WORK
THIS IS A COST-REIMBURSABLE LINE ITEM - The government will reimburse the Contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will modified to adjust the line item accordingly.
Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.
SUMMATION OF BID PRICES
BASE WORK TO INCLUDE THE BASE OPTIONAL ITEMS (LINE ITEMS 0001AA THROUGH 0001BG):
OPTION WORK (LINE ITEMS 0002AA THROUGH 0002AW): $__________________________
OVERALL PRICE (LINE ITEMS 0001 THROUGH 0002AW (INCLUDES ALL RESPECTIVE SUBITEMS)):
Section 00 21 13 - Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.236-7008 Contract Prices-Bidding Schedules DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE CONSTRUCTION contract resulting from this solicitation.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
20.9% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Indiana, county of Lake, and City of Whiting.
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Ms. Regina G. Blair, Contracting Chief USACE - Chicago District 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Calumet Area Office, Griffith, Indiana
Telephone: 219-923-1763
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov/far www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
AFARS 5152.211-9000
AFARS 5152.211-9000, “EVALUATION OF SUBLINE ITEMS (DEC 2019)”
Item Nos. 0001 and 0002 are subdivided into two or more estimated quantities and are to be separately priced.
The Government will evaluate each of these items on the basis of total price of its subline items.
Section 00 22 13 - Supplementary Instructions to Bidders
IMPORTANT BID NOTES
(THE ABOVE SOLICITATION SECTION 00 10 00 IS TO BE USED BY BIDDERS TO SUBMIT THEIR
BIDS; IT IS ALSO CONSIDERED THE “BID SCHEDULE” AS TERMED THROUGHOUT THE
SOLICITATION.)
1. BID CONDITIONS:
a. The Contractor shall bid ALL items that are contained in the Bid Schedule INCLUDING ALL OPTION ITEMS, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BASE AND OPTION items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item and all Option Items.
b. From this Solicitation, the Government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest aggregate price for all Base and Option Items. The intent is immediately award the base items at the time of award.
c. Split or multiple awards will not result from this Solicitation.
d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided OR, by completing Blocks 8 and 15 of the Amendment Form itself (Standard Form 30), or by email to Ericka Hillard at ericka.d.hillard@usace.army.mil.
e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located on Page 2 of the Solicitation document (SF 1442 Back) - refer to Block’s 14 through 20C.
f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award.
2. OPTION PROVISIONS & RELATED PERFORMANCE TIMEFRAMES:
- SEE Section 00 70 00, Contract Clause 52.217-7
3. BID SUBMISSION:
a. HOW TO SUBMIT: All BIDS IN RESPONSE TO THIS SOLICITATION SHALL BE SUBMITTED VIA
MAILED COPIES, EITHER BY REGULAR OR EXPRESS MAIL. DUE TO COVID-19, HAND-CARRIED
BIDS WILL NOT BE PERMITTED.
Sealed Bids: Regardless of the method of delivery (mailed or hand- carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.
Mailed Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s
– USACE Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, IL 60604 prior to the date and time set for the opening of the bids – See Block 13A of Page 1 of the Solicitation.
b. TIME OF SUBMISSION: Bids are required no later than 2:00 p.m. Central Time on 3 September 2020.
c. VIRTUAL BID OPENING: For this procurement, Contracting will conduct a virtual Bid Opening in accordance with the below provisions. These procedures are being used because of the current public health concerns affiliated with COVID-19.
d. VIRTUAL BID OPENING PROVISIONS/ PARTICIPATION:
THE VIRTUAL BID OPENING WILL BEGIN AT 3:00 P.M. CDT ON 03 SEPTEMBER 2020.
Individuals interested in participating in the virtual bid opening can participate by following these instructions:
Interested individuals will navigate to a WEBEX link and enter their email address and name. Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.
The WEBEX Audio Meeting Information (call in number, access code) will be provided via an Amendment to the Solicitation prior to the bid opening day and then posted to the corresponding Solicitation notice at beta.sam.gov.
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. Should technological issues ensue from the visual viewing at the WEBEX, the audio access will take precedence and satisfy the conditions of bids being communicated publicly/read aloud.
e. BID GUARANTEE:
Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation Section 00 21 00 for the full text of this Clause.
A bid guarantee shall be submitted at 20% of the bid price or $3M whichever is the lesser. Any bidder failing to submit an electronic Bid Guarantee will be considered non- responsive to the Solicitation and ineligible for award.
f. ATTACHMENT A – PREAWARD SURVEY FORM – The bidder shall complete the enclosed Attachment A and submit it electronically with i ts bid submission. The preaward survey form is to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.
g. QUESTIONS SHALL BE SUBMITTED IN SUFFICIENT TIME TO BE ANSWERED VIA AN AMENDMENT PRIOR TO THE BID OPENING DAY AND TIME. (Re: 52.214-6 Explanation to Prospective Bidders)
VIRTUAL PRE- BID MEETING
A virtual pre-bid meeting will be held for this project on Monday, August 8, 2020 at 1:00 p.m. (Central Time) by use of Webex. The Webex particulars will be provided under an Amendment to the Solicitation.
Following the prebid meeting, Contractors are urged to visit the project site and may coordinate a visit by contacting Mr. Damian Allen, Facility Manager, at (312) 951-3357.
At the pre- bid meeting, Government representatives will highlight specific contract requirements. The objective is to provide an information exchange between potential bidders and the Government to avoid the possibility of misinterpretation of the contract requirements. The Corps of Engineers strongly encourages all potential bidders to attend the pre- bid meeting and, in the interest of making the meeting more meaningful, prospective bidders are urged to present any written questions concerning the project bid documents, bidding, and construction requirements or other related matters prior to the pre- bid meeting. Send written questions to Ericka Hillard at ericka.d.hillard@usace.army.mil – BE SURE TO INCLUDE THE SOLICIATION NUMBER W912P620B0026
AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.
With respect to questions, written questions may be submitted at the beginning of the pre-bid meeting and oral questions may be submitted from the floor, will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled prebid meeting and site visit. Answers, interpretations, and decisions made at the meeting will not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of bids. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.
ATTACHMENT A
PREAWARD SURVEY INFORMATION
(RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)
CONTRACTOR:
SOLICITATION W912P620B0026, INDIANA HARBOR AND CONFINED DISPOSAL FACILITY DIKE
EXPANSION, EAST CHICAGO, LAKE COUNTY, INDIANA (USACE ACQUISITION)
Please complete the below form to assist in the completion of a Pre-award Survey:
1. Month and Year started in business:
2. Year and State Incorporated:
3. Key Personnel:
President/Owner:
Vice President/Partner:
Secretary/Treasurer:
4. Number of Full-Time Employees:
5. Surety:
Agency:
Agent:
Address, City & State:
Telephone#:
6. Insurance Company:
Agency:
Agent:
7. Financial Institution Information:
Name of Bank:
Contact Person:
8. References: Provide the names and contact information of three references. Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with Labor Standards.
9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?
10. Does your company own all of necessary tools and equipment to perform the work of the project?
END OF FORM
Section 00 45 00 - Representations and Certifications
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $39,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(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 will be performed in the United States or its outlying areas.
(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 will be performed in the United States or its outlying areas.
(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 items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement 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 I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, 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:
X (i) 52.204-17, Ownership or Control of Offeror.
X (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) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 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.
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)
The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(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 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. Contractors are not prohibited from providing--
(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.
(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) Representation. The Offeror represents that 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.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .