Solicitation - N4008526B0008.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

Dredging at JEBLC Fuel Pier, JEBLC Anzio Beach Sandbar, and JEBFS Utah Beach Sandbar

Defense Priorities Allocation System (DPAS) Priority Rating: DO-C2 Date: 27 Jul 2026

N4008526B0008

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

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

BASE PRICE: BASE PRICE: Total Price for (subtotals of Line Items 0001A through 0001D) the entire work for Project FY26 Dredging at JEBLC Fuel Pier, Virginia Beach, VA in accordance with the drawings and specifications, complete, but excluding work provided in another priced line item.

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

1 Project

Option Line Item

Option Item No. 1: Total Price for (subtotals of Line Items 0002A through 0002G) the entire work for Project FY27 Dredging at JEBLC Anzio Beach Sandbar and JEBFS Utah Beach Sandbar, Viginia Beach, VA in accordance with the drawings and specifications, complete, but excluding work provided in another priced line.

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

1 Project

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.233-2 Service of Protest. (Deviation 2026-O0038) Feb 2026

FAR Clauses Incorporated by Full Text

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

(Apr 2008)

Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008)

Any contract awarded as a result of this solicitation will be [ ] DX rated order certified for national defense, emergency [X] DO rated order preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(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):

https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.acquisition.gov/far-overhaul

(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.

(b) The use in this solicitation of any (48 CFR ) provision with an authorized deviation is indicated by the FAR and DFARS Chapter 1 and 2 addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

N4008526B0008 https://www.acquisition.gove/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.acquisition.gov/far-overhaul

Section 00 21 13 - Instructions to Bidders

TABLE OF CONTENTS

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.2 GENERAL OVERVIEW OF CONTRACT

2. BASIS FOR AWARD

3. BID REQUIREMENTS

3.1 SITE VISIT

3.2 BID SUBMISSION INSTRUCTIONS

3.3 REQUEST FOR INFORMATION (RFIs)

3.4 CONTRACT OPPORTUNITIES (SAM.GOV)

4. ATTACHMENTS: MAY BE LOCATED ON CONTRACT OPPORTUNITIES AND PIEE UNDER

ATTACHMENTS

Attachment A - Request for Information (RFI) Log Attachment B - PIEE Vendor Access Instructions Attachment C - Individual SB Subcontracting Plan Attachment D - Dredging Price Proposal Form Attachment E - Dredging at JEBLCFS SPECS Attachment F - Dredging at JEBLCFS PLANS Attachment G - WD VA20260001 05-18-2026

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.1.1 This acquisition is being solicited on an unrestricted basis, with Full and Open Competition.

1.1.2 The North American Industry Classification System (NAICS) code for this procurement is 237990 - Dredging and Surface Cleanup Activities, with a Small Business Size Standard of $37,000,000.

1.1.3 The magnitude of construction for this project is between $10,000,000 to $25,000,000.

1.1.4 This solicitation is formatted as an Invitation for Bid and will be advertised utilizing FAR Part 14 - Sealed Bidding resulting in a Firm Fixed Price (FFP) contract for construction services.

1.2 GENERAL OVERVIEW OF CONTRACT

Description of Work:

This Design-Bid-Build project includes dredging of the JEB Little Creek Fuel Pier, JEB Little Creek Anzio Beach Sandbar, and JEB Fort Story Utah Beach Sandbar. Material shall be dredged using a standard clamshell bucket, placed into scow/barge and transported to and deposit near shore area. Incidental related work as follows:

1. Hydraulically unload from barge/scow (or direct pump) to place dredged material from JEBLC Anzio Beach Sand Bar to create Berm Areas #3, #4, #5, #6 and #7 including debris and vegetation removal (brush, shrubs and trees), offsite disposal of debris and vegetation, dredged material dewatering & containment measures, grading to create berms, planting of vegetation and all other ancillary work in accordance with plans and specifications.

2. Hydraulically unload from barge/ scow (or direct pump) to place dredged material from JEB Fort Story Utah Beach Sand Bar to create Berm Areas #8 including debris and vegetation removal (brush, shrubs and trees), offsite disposal of debris and vegetation, dredged material dewatering & containment measures, grading to create berms, planting of vegetation and all other ancillary work in accordance with plans and specifications.

3. Hydraulically unload from barge/scow (or direct pump) to place dredged material from JEB Fort Story Utah Beach Sand Bar to create Berm Areas #9 and #10 including debris and vegetation removal (brush, shrubs and trees), offsite disposal of debris and vegetation, dredged material dewatering & containment measures, grading to create berms, planting of vegetation and all other ancillary work in accordance with plans and specifications.

The Contractor must furnish all labor, materials, equipment, tools, transportation, supervision, safety, surveys, layout work, quality control, traffic control, and management necessary to fulfill the requirements under this contract.

All questions concerning this IFB shall be addressed in writing to Angie Clifton at email address: angela.j.clifton2.civ@us.

navy.mil.

2. BASIS FOR AWARD

Award will be made to the responsible bidder whose bid, conforming to the invitation for bid, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. Bidders shall submit a lump sum price for Line Item 0001 (Base Bid), and Line Item 0002 (Option 1). For purposes of evaluating bids for award, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

3. BID REQUIREMENTS

3.1 SITE VISIT: The Site Visit information will be provided on a forthcoming amendment.

3.2 BID SUBMISSION INSTRUCTIONS:

The bidder shall submit one electronic bid with the following:

Cover page with solicitation number, solicitation title, bidder name, address, phone number, fax number, Unique Entity Identifier (UEI), Employee Identification Number (EIN), CAGE code, Point of Contact (POC), POC phone number, and POC email address;

Completed SF 1442 signed with all amendments acknowledged;

Section 00 10 00 of the SF 1442- Solicitation Contract Form CLIN 0001 (Base CLIN).

Attachment C - Bid Schedule Form;

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 2024/2025 filing cycle;

Bid Guarantee in accordance with FAR Clause 52.228-1 (DEVIATION 2026-O0038), Bid Guarantee.

Amount shall be at least 20 percent of the proposed price, but shall not exceed $3 million; and Responsibility Determination Information (see below).

Small Business Subcontracting Plan

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 (DEVIATION 2026-O0005), General Standards. The bidder shall provide the following information in the bid package, which will not be provided to the public for inspection:

- Identification of the Contractor's personnel and management to be used on this contract.

N4008526B0008 mailto:angela.j.clifton2.civ@us.navy.mil

- The Contractor's technical and management plans, including a schedule for performing required services.

- Description of Contractor's facilities and equipment.

- Summary of the Contractor's experience in performing work of the type required by this specification.

- 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.

- Prior contracts for similar work of similar magnitude, and the names, addresses and telephone numbers of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor's performance.

Although required to be submitted with the bid package, this information will not be evaluated as part of the sealed bid evaluation. 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. The offeror shall be compliant with the requirements as stated herein, for non-conformance may result in rejection of individual bids.

ELECTRONIC SUBMISSION VIA PIEE

Offerors shall submit an electronic bid (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 proposal prior to the date and time specified. PIEE Solicitation Vendor Access Instructions are provided via Attachment F. Submissions must be correctly linked to EMAILED SUBMISSIONS WILL NOT BE ACCEPTED.

the subject solicitation number within the PIEE module. Submissions that are incorrectly linked may not be considered. Upon successful submission of bid through PIEE, the Offeror should receive an email confirmation. Please keep this for your records.

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. It is the sole responsibility of the Offeror to obtain the IFB files, along with any amendments, from Opportunities (https://piee.eb.mil and https://www.sam.gov).

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 bid submission. BIDS SUBMITTED IN RESPONSE TO THIS REQUEST MUST BE RECEIVED NO LATER THAN THE DATE AND TIME SPECIFIED IN BLOCK 13A OF THE SF1442. Bids not received by the time and date specified shall be treated in accordance with FAR 52.214-7 (DEVIATION 2026-O0004) "Late Submissions, Modifications, and Withdrawals of Bids".

CONTRACTOR EVALUATION PERFORMANCE REPORTING (CPAR)

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.

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 (DEVIATION 2026-O0008) shall apply.

3.3 REQUEST FOR INFORMATION (RFIs):

All inquiries must be submitted in writing and received by the Contract Specialist by the date specified herein in order to permit adequate time to reply to the inquiry. There is no guarantee that RFI's submitted after the cut-off date will be answered before the solicitation closes. Submit all questions to angela.j.clifton2.civ@us.navy.mil. Use of the RFI Log is required. The RFI Log (Attachment A) can be found on Contract Opportunities under the Attachments section. RFI Questions shall be submitted no later than ten (10) calendar days prior to the proposal due date.

3.4 CONTRACT OPPORTUNITIES:

Amendments will be posted directly to PIEE and Contract Opportunities/Sam.gov. The drawings and specifications will be posted on PIEE/Sam.gov under the Attachments section of this IFB. Additionally, other postings will be made to PIEE /Sam.gov, such as the request for information (RFI) log, revised drawings, etc., under the Attachments section of the IFB.

It is recommended contractors check PIEE/Sam.gov and the Attachments section of the IFB periodically to see if additional postings have been made. It is the contractor's responsibility to check PIEE/Sam.gov for all postings.

4. ATTACHMENTS: MAY BE LOCATED ON CONTRACT OPPORTUNITIES AND PIEE UNDER

ATTACHMENTS

Attachment A - Request for Information (RFI) Log Attachment B - PIEE Vendor Access Instructions Attachment C - Individual SB Subcontracting Plan Attachment D - Dredging Price Proposal Form Attachment E - Dredging at JEBLCFS SPECS Attachment F - Dredging at JEBLCFS PLANS Attachment G - WD VA20260001 05-18-2026

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-5 Submission of Bids. (Deviation 2026-O0038) Feb 2026 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (Deviation 2026-O0038) Feb 2026 52.214-18 Preparation of Bids-Construction. Apr 1984 52.214-19 Contract Award-Sealed Bidding-Construction. Aug 1996

N4008526B0008

Section 00 45 00 - Representations and Certifications

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

Sep 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

FAR Clauses Incorporated by Full Text

52.209-7 Information Regarding Responsibility Matters. (Deviation 2026-O0038) (Feb 2026)

INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2026) (DEVIATION 2026-O0038)

(a) . As used in this provision-Definitions

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( , e.g.

Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-13 Violation of Arms Control Treaties or Agreements-Certification. (Deviation 2026-O0038) (Feb 2026)

VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (FEB 2026) (DEVIATION 2026-O0038)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) . [ ]Certification Offeror shall check either (1) or (2).

The Offeror certifies that-(1)

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices /under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.(2)

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation.

However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) . The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when Remedies making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Jun 2020)

TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020)

(a) . As used in this provision-Definitions

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

(May 2021)

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or Definitions essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from Prohibition procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for Procedures https://www.sam.gov entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at Representation 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications Disclosures equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Section 00 70 00 - Conditions of the Contract

Overall Contract Delivery Period

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

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

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

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

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021

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

Jan 2017

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

Jan 2017

52.204-7 System for Award Management-Registration. (Deviation 2026-O0038) Feb 2026

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

(Deviation 2026-O0038)

Feb 2026

52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

(Deviation 2026-O0038)

Feb 2026

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)

Feb 2026

52.210-1 Market Research. (Deviation 2026-O0038) Feb 2026 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038) Feb 2026 52.214-4 False Statements in Bids. Apr 1984 52.214-26 Audit and Records-Sealed Bidding. (Deviation 2026-O0038) Feb 2026

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications- Sealed Bidding.

Jun 2020

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding.

(Deviation 2026-O0038)

Feb 2026

52.214-29 Order of Precedence-Sealed Bidding. Jan 1986

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (Deviation 2026- O0038)

Feb 2026

52.219-8 Utilization of Small Business Concerns. (Deviation 2026-O0038) Feb 2026 52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate I) Feb 2026 Alternate I Feb 2026 52.219-16 Liquidated Damages-Subcontracting Plan. (Deviation 2026-O0038) Feb 2026 52.222-3 Convict Labor. (Deviation 2026-O0038) Feb 2026

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026-O0038)

Feb 2026

52.222-6 Construction Wage Rate Requirements. (Deviation 2026-O0038) Feb 2026 52.222-7 Withholding of Funds. (Deviation 2026-O0038) Feb 2026 52.222-8 Payrolls and Basic Records. (Deviation 2026-O0038) Feb 2026 52.222-9 Apprentices and Trainees. (Deviation 2026-O0038) Feb 2026 52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026-O0038) Feb 2026 52.222-11 Subcontracts (Labor Standards). (Deviation 2026-O0038) Feb 2026 52.222-12 Contract Termination-Debarment. May 2014

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

May 2014

52.222-14 Disputes Concerning Labor Standards. (Deviation 2026-O0038) Feb 2026 52.222-15 Certification of Eligibility. May 2014

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

Aug 2018

52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) Feb 2026 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) Feb 2026 52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) Feb 2026

52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

(Deviation 2026-O0038)

Feb 2026

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) Feb 2026

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

(Deviation 2026-O0038)

Feb 2026

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) Feb 2026

52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026- O0040, Revision 1)

Apr 2026

52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) Mar 2025 Deviation 2025-O0004 Mar 2025 52.223-23 Sustainable Products. (Deviation 2026-O0038) Feb 2026 52.224-3 Privacy Training. Jan 2017

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.

May 2014

52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.228-15 Performance and Payment Bonds-Construction. Jun 2020 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). Feb 2021 52.229-3 Federal, State, and Local Taxes. Feb 2026 52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026-O0038) Feb 2021 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-15 Progress Payments Not Included. Apr 1984 52.232-17 Interest. May 2014 52.232-24 Prohibition of Assignment of Claims. May 2014 52.232-27 Prompt Payment for Construction Contracts. Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.236-2 Differing Site Conditions. (Deviation 2026-O0038) Feb 2026 52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038) Feb 2026 52.236-5 Material and Workmanship. (Deviation 2026-O0038) Feb 2026 52.236-6 Superintendence by the Contractor. (Deviation 2026-O0038) Feb 2026 52.236-7 Permits and Responsibilities. (Deviation 2026-O0038) Feb 2026 52.236-8 Other Contracts. (Deviation 2026-O0038) Feb 2026

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)

Feb 2026

52.236-10 Operations and Storage Areas. (Deviation 2026-O0038) Feb 2026 52.236-11 Use and Possession Prior to Completion. (Deviation 2026-O0038) Feb 2026 52.236-12 Cleaning Up. (Deviation 2026-O0038) Feb 2026 52.236-13 Accident Prevention. (Deviation 2026-O0038) Feb 2026 52.236-15 Schedules for Construction Contracts. (Deviation 2026-O0038) Feb 2026 52.236-21 Specifications and Drawings for Construction. (Deviation 2026-O0038) Feb 2026

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

(Deviation 2026-O0038)

Feb 2026

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026

52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation 2026-O0038)

Feb 2026

52.242-5 Payments to Small Business Subcontractors. Jan 2017

52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. (Deviation 2026-O0038) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

Apr 2026

52.246-12 Inspection of Construction. Aug 1996 52.246-21 Warranty of Construction. Mar 1994 52.247-34 F.o.b. Destination. Jan 1991 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) Apr 2012 Alternate I Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

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

Jan 2023

252.226-7003 Drug-Free Work Force. Aug 2024 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7008 Contract Prices--Bidding Schedules. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003 and 2025-O0004)

(Mar 2025) Deviation 2025-O0004 (Mar 2025)

Annual Representations and Certifications (MAR 2025)(DEVIATION 2025-O0003 and 2025-O0004)

(a)

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

(2) The small business size standard is .$ 37,000,000.00

(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…