Solicitation - N4008525B0006.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

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 the minimum 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 this contract.

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

N4008525B0006

Section 00 00 00 - Procurement and Contracting Requirements

NSN, FY25/26 MAINTENANCE DREDGING

Defense Priorities Allocation System (DPAS) Priority Rating: DO-C2 Date: 31 Jul 2025

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

Additional Information/Notes

Description: Maintenance Dredging Naval Station Norfolk, Norfolk, VA

Description of proposed Construction:

This procurement will result in an Indefinite Delivery Indefinite Quantity Contract for new maintenance and dredging existing or new locations on and around various Government installations in the Norfolk, Virginia Area of Responsibility (AOR).

The work includes bucket dredging of mud and silt material along with incidental related work in accordance with the drawings and specifications at Naval Station, Norfolk, VA.

The dredging plan is as follows:

PIER 1 (NORTH)

PIER 1 (SOUTH)

PIER 1 (SOUTH APPR)

PIER 2 (SOUTH)

PIER 2 (NORTH)

PIER 9 (SOUTH)

PIER 9 (NORTH)

PIER 9 (NORTH APPR)

PIER 10 (SOUTH)

PIER 10 (SOUTH APPR)

PIER 11 (NORTH)

PIER 11 (NORTH TEE)

The following five documents have been uploaded to www.sam.gov as separate attachments:(5)

Attachments:

Attachment A - Specifications Attachment B - Plans (Revised V002 & V105) Attachment C - Bid Form Attachment D - PIEE Vendor Access Instructions Attachment E - Pre-Bid Inquiry (PBI) Log

Item Supplies/Service Quantity Unit Unit Price Amount

0001 BASE PRICE MOBILIZATION

Pricing Arrangement: Firm Fixed Price

1 Project

BASE PRICE - NAVAL STATION NORFOLK

FY 2025 MAINTENANCE DREDGING

Pricing Arrangement: Firm Fixed Price

1 Project

Option Line Item

NAVAL STATION NORFOLK FY26 HYDROID

NET MAINTENANCE

Pricing Arrangement: Firm Fixed Price

1 Project

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Full Text

52.233-2 Service of Protest. (Sep 2006)

Service of Protest (Sept 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

NAVFACSYSCOM MIDLANT, PWD NORFOLK

ATTN: NATE WHYBREW, CONTRACTING OFFICER 9742 MARYLAND AVENUE, BUILDING A-81 NORFOLK, VIRGINIA 23511

EMAIL: nathan.b.whybrew.civ@us.navy.mil

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

(End of provision)

52.236-27 Site Visit (Construction). (Feb 1995)

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:

Name: Dean Gregory

Email Address: dean.s.gregory2.civ@us.navy.mil

Telephone: 757-341-0643

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

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):

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

NMCARS: http://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

(End of provision)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

Authorized Deviations in Provisions (Nov 2020)

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

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(b) The use in this solicitation of any (48 CFR Chapter Federal Acquistion Regulation/Defense Federal Acquisition Regulation Supplement 1 and 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 21 13 - Instructions to Bidders

Description: Maintenance Dredging Naval Station Norfolk, Norfolk, VA

Description of proposed Construction:

This procurement will result in an Indefinite Delivery Indefinite Quantity Contract for new maintenance and dredging existing or new locations on and around various Government installations in the Norfolk, Virginia Area of Responsibility (AOR).

The work includes bucket dredging of mud and silt material along with incidental related work in accordance with the drawings and specifications at Naval Station, Norfolk, VA.

The dredging plan is as follows:

PIER 1 (NORTH)

PIER 1 (SOUTH)

PIER 1 (SOUTH APPR)

PIER 2 (SOUTH)

PIER 2 (NORTH)

PIER 9 (SOUTH)

PIER 9 (NORTH)

PIER 9 (NORTH APPR)

PIER 10 (SOUTH)

PIER 10 (SOUTH APPR)

PIER 11 (NORTH)

PIER 11 (NORTH TEE)

THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:

Standard Form 1442, Solicitation, Offer and Award (Submit SECTION 001000 - Lump sum pricing for CLIN 0001 AA (Base Price Mobilization), CLIN 0002 AA-AE (Base Price FY25 Maintenance Dredging), and CLIN 0003 AA (Bid Option #1 FY26 Hydroid Net Maintenance).

Please be sure to fill out the lump sum pricing for the Base Bid (CLIN 0001AA), CLIN 0002 (AA-AE), and CLIN 0003 (Option 1) on the SF1442.

The SF1442 and bid schedule shall be submitted.

Acknowledgements of any Amendments issued.

Bid Bond Guarantee (FAR 52.228-1(c)) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

RESPONSIBILITY DETERMINATION INFORMATION - In order to be eligible for award, the bidder must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards.

The apparent successful low bidder will be required to provide the following information within 3 days of the bid opening:

- Description of Contractor's facilities and equipment.

- One (1) Signed Bank Reference demonstrating adequate financial resources. If offeror's firm has a line of credit - provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures - exact line of credit is not required).

- The latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the Offeror.

- Other work presently under contract and their period of performance.

This information forms the basis of your firm's responsibility determination should your firm be the apparent low bidder. Packages will not be returned, but shall be destroyed by the Contracting Officer. No certificate of destruction will be issued.

The offeror's bid must include all data and information required and must be submitted in accordance with these instructions.

1. SUMMARY

The following paragraphs are supplemental instructions /information for Bidder to be used in conjunction with the Instruction to Bidders, Section 00100 clauses.

2. POINT OF CONTACT

All questions concerning this solicitation shall be addressed in writing to Jake Busila at email address: jacob.a.busila.civ@us.navy.mil; Tel # (757)

341-0558.

3. CHANGES TO SOLICITATION

All changes will be issued via Amendment and posted on the Contract Opportunities website: https:// sam.gov. It is the contractor's responsibility to monitor for any changes or updates.

ALL PRE-BID INQUIRIES (PBI) MUST BE SUBMITTED NO LATER THAN 10 DAYS PRIOR TO BID OPENING DATE. PBIs submitted after the cut-off date may not receive a response. All inquiries must be emailed to jacob.a.busila.civ@us.navy.mil and submitted on the PBI Form (provided as an attachment herein). Please include the solicitation number and contract title in the subject line of the email when submitting your PBIs. All plans, specifications and amendments will be posted to the sam.gov website.

4. MINIMUM INSURANCE REQUIREMENTS:

a. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage (also refer to FAR 52.228-5):

1. Comprehensive General Liability: $500,000 per occurrence.

2. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3. Workmen's Compensation: As required by Federal and State workers' compensation and occupational disease laws.

4. Employer's Liability Coverage: $100,000 except in states where workers compensation may not be written by private carriers.

5. Others as required by State of Virginia.

b. Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which this contract, N40085-25-B-0006 is to be performed, and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.

The cancellation language must state, "Any cancellation or any change in the limits of liability shall not be effective (1) for Cancellation Language:

such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer gives written notice to the Contracting Officer, whichever period is longer." Wording such as "will endeavor to mail notice" or "failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

5. SITE VISIT

Refer to FAR 52.236-27 for Site Visit.

A site visit is not scheduled at this time. If bidders desire a site visit, please request it in writing to Dean Gregory at dean.s.gregory2.civ@us.navy.mil AND Jake Busila at jacob.a.busila.civ@us.navy.mil on the provided PBI form.

6. CONTRACTOR EVALUATION PERFORMANCE REPORTING (CPAR)

The contractor is required to provide the government with the name, phone number and e-mail address of the "Contractor's Representative" that will be responsible for receipt and review of draft performance evaluations prepared by the government. It is the contractor's responsibility to keep this contact information current. Prime Contractor should become familiar with the CPAR Program requirements at https://cpars.csd.disa.mil.

7. EMPLOYMENT ELIGIBILITY VERIFICATION

If contractor is not enrolled at time of award, then the Contractor shall enroll within 30 days. Refer to FAR Clause 52.222-54 for further instructions.

8. WAWF INVOICE PROCESSING

This contractor will utilize electronic invoice processing. Refer to DFAR Clauses 252.232-7006 and 252.232-7003 for further information.

9. DEPLOYMENT OF SUBCONTRACT REPORTING REQUIREMENTS

A requirement has been implemented regarding the Federal Funding Accountability and Transparency Act. Refer to FAR Clause 52.204-10 for reporting instructions by the Prime Contractor.

10. DELIVERY OF BID

Bid Submission shall be labeled "BID SUBMISSION FOR IFB N4008525B0006, ATTN: Jake Busila DO NOT OPEN IN MAIL ROOM".

BID DUE DATE:

BIDS SHALL BE RECEIVED ON OR BEFORE Tuesday, August 19, 2025 at 2:00 p.m. Eastern Daylight Time.

The electronic and hard copy bids shall be identical. Furthermore, if there is a discrepancy between the two bid documents submitted, the electronic bid shall govern. Failure to submit an electronic bid by the specified date and time shall render the bid LATE and therefore unacceptable. It will not be considered further.

Electronic Copy due: Tuesday, August 19, 2025, 2:00 p.m. EDT.

Hard Copy due: Tuesday, August 19, 2025, 2:00 p.m. EDT.

LATE BIDS WILL NOT BE CONSIDERED.

*PIEE Submissions:

Offerors shall submit electronic proposals (.pdf format) in response to this solicitation. Only the PIEE Solicitation Module is authorized for the submission of electronic proposals in response to this solicitation. Electronic proposal submissions should be no larger than 1.9 GB per file.

Offerors shall ensure that the Government has received the electronic bids prior to the date and time specified.

PIEE Solicitation Vendor Access Instructions are provided via Attachment D. Emailed submissions will not be accepted.

Offerors shall allow adequate time to upload files which may be slower for non-DoD users and to avoid other technical difficulties that may be encountered. Offerors are also responsible for submitting files in the format specified and consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of the Offeror.

PIEE system will record the date and time of package submittal. The date and time of package submittal recorded in PIEE shall govern the timeliness of any proposal submission. LATE BIDS WILL NOT BE CONSIDERED.

Contract Opportunities: It is the sole responsibility of the Offeror to obtain the IFB files, along with any amendments, from Opportunities (www.sam.

gov).

Mailed Hard Copies

In addition, one (1) original and one (1) copy of the hard copy bid shall be delivered by mail on the date and time listed below, respectively, unless those dates are changed via Solicitation Amendment.

Bid Submission shall be labeled "BID SUBMISSION FOR IFB N4008525B0006, ATTN: Jake Busila; DO NOT OPEN IN MAIL ROOM".

Hard copy bids shall be mailed as follows:

Naval Facilities Engineering Command, Mid-Atlantic Public Works Department Norfolk Facilities Engineering and Acquisition Division Building A81, 2nd Floor 9742 Maryland Ave Norfolk, VA 23511-2609 ATTN Jake Busila, AQ

The Government is not responsible for any delays experienced by the commercial carrier. Bid delivered by commercial carrier will be treated as Hand-carried bids for purposes of determining lateness. Bidders shall advise such carriers of the delivery instructions and the Government shall not be responsible for any delays experienced by the commercial carrier.

11. PRICE

A. Price Submission:

1. PRICE BINDER: Offeror shall submit one (1) original, marked "Original", and one (1) copy, with the following:

Cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact, phone number, and email address Bid Form (Attachment C) Acknowledgement of Amendment(s) (as applicable) Copy of Representation and Certifications from SAM Bid Bond Completed copy of Provision 52.204-24

B. Basis of Evaluation:

1. The Government will evaluate price based on the total price. Total price consists of the basic requirements. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

a. Comparison of proposed prices received in response to the RFP.

b. Comparison of proposed prices with the Independent Government Cost Estimate (IGCE).

c. Comparison of Proposed prices with available historical information.

d. Comparison of market survey results.

12. EVALUATION

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract and to award the contract to the offeror submitting the lowest price acceptable proposal.

2. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range.

3. From all proposals deemed eligible for award, the lowest price will be chosen.

13. WHOLE DOLLAR PRICING

Bids will be rounded down to the nearest whole dollar for evaluation and subsequent award purposes. If after rounding takes place there are multiple identical low bidders, FAR 14.408-6 shall apply.

14. PAYMENT INSTRUCTIONS

Updated payment instructions can be found under PGI 204.7108(b) (2) at the following link: https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current /PGI204_71.htm#payment_instructions Procurement

Method: This acquisition will be advertised utilizing FAR Part 14 - Sealed Bidding resulting in a Firm Fixed Price (FFP), contract for construction services.

The NAICS code for this procurement is 237990 (Exception) Dredging and Surface Cleanup Activities and the size standard is $37.0M NAICS:

Magnitude of Construction: Between $5,000,000 and $10,000,000

Contractor Performance Information: Contractor's performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the "Contractor's Representative" that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor's responsibility to keep this contact information current.

Construction Wage Requirements: General Wage Determinations covering the areas of responsibility are included in this solicitation. The most current wage decision will be incorporated into the contract. Refer to Section 007000 - Conditions of the Contract.

Bonding Requirements:

-A bid guarantee is required; Refer to 52.228-1 Bid Guarantee. Payment and Performance bonds are required; Refer to Instructions to Bidders, 52.228- 15 Performance and Payment Bonds-Construction.

-Bidders should account for this cost in their unit prices.

-Completed SF1442 (front and back) signed with all amendments acknowledged -Section 001000 of the SF 1442- Solicitation Contract CLIN 0001 AA (Base Price Mobilization), CLIN 0002 AA-AE (Base Price FY25 Maintenance Dredging), and CLIN 0003 AA (Bid Option #1 FY26 Hydroid Net Maintenance).

-Copy of Representation and Certifications and proof of registration in System for Award Management (SAM).

-Confirmation of filing of Veterans' Employment and Training (VETS) VETS-4212 for the 2024 filing cycle.

-Bid Guarantee in accordance with FAR Clause 52.228-1.

-Bidders are required to submit CLIN 0001 AA (Base Price Mobilization), CLIN 0002 AA-AE (Base Price FY25 Maintenance Dredging), and CLIN 0003 AA (Bid Option #1 FY26 Hydroid Net Maintenance) on the Bid Form attachment.

BIDS SUBMITTED IN RESPONSE TO THIS INVITATION FOR BIDS MUST BE RECEIVED NO LATER THAN THE DATE AND TIME SPECIFIED HEREIN. Bids not received by the time and date specified shall be treated in accordance with FAR 52.214-7 "Late Submissions, Modifications, and Withdrawals of Bids".

SAM.gov: Amendments will be posted directly to SAM.gov. The technical documents will be posted on SAM.gov. It is the contractor's responsibility to check SAM.gov for all postings.

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF FUNDS ARE NOT AVAILABLE, NO AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS

RESULTING FROM THIS SOLICITATION.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

FAR Clauses Incorporated by Full Text

52.214-15 Period for Acceptance of Bids. (Apr 1984)

Period for Acceptance of Bids (Apr 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within calendar days (60 calendar days unless a different period is 120 inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

Section 00 21 16 - Instructions to Proposers

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-6 Unique Entity Identifier. Oct 2016 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

FAR Clauses Incorporated by Full Text

52.211-2 Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) website.

(Sep 2023)

AVAILABILITY OF DEFENSE SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS IN THE ACQUISITION

STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) WEBSITE (SEP 2023)

(a) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(b) Defense documents not available from ASSIST may be requested from the Defense Standardization Program Office by-

(1) Using the ASSIST feedback module ( ); orhttps://assist.dla.mil/feedback

(2) Contacting the Defense Standardization Program Office by telephone at 571-767-6888 or email at assisthelp@dla.mil.

Section 00 22 00 - Supplementary Instructions

FAR Clauses Incorporated by Full Text

52.252-3 Alterations in Solicitation. (Apr 1984)

ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

(End of clause)

Section 00 45 00 - Representations and Certifications

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 52.209-7 Information Regarding Responsibility Matters. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

FAR Clauses Incorporated by Full Text

52.203-2 Certificate of Independent Price Determination. (Apr 1985)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not (i) participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision [insert full name of person(s) in the offeror's organization ____ responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(Sep 2024)

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

(a) As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or Definitions.

attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) . The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Prohibition Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) . The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have Certification been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) . If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to Disclosure this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) . Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Penalty Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(End of provision)

52.204-8 Annual Representations and Certifications. (Jan 2025)

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(a)

The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].(1) ____

(2) The small business size standard is [insert size standard].____

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

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

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

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

(b)

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

(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:

(i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

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

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

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

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

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

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

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

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

[ ]Contracting Officer check as appropriate.

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

52.204-20, Predecessor of Offeror.(ii)

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

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

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

52.227-6, Royalty Information.(vi)

Basic.(A)

Alternate I.(B)

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

(d) The offeror has completed the annual representations and certifications electronically in SAM website 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 [

]. These amended representation(s) and/or certification(s) are also offeror to insert changes, identifying change by clause number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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

(End of provision)

52.209-5 Certification Regarding Responsibility Matters. (Aug 2020)

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)

The Offeror certifies, to the best of its knowledge and belief, that-(1)

(i) The Offeror and/or any of its Principals-

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) . The liability is finally determined if it has been assessed. A liability is not finally determined if there is a The tax liability is finally determined pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) . A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was The taxpayer is delinquent in making payment due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) .Examples

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.

362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, 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 e.g.

positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

DFARS Clauses Incorporated by Full Text

252.204-7007 Alternate A, Annual Representations and Certifications. (Oct 2024) Alternate A (Oct 2024)

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) 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 (e) 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:

(i) Paragraph (e) applies.

(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite…