Solicitation - W911SG26BA017.pdf

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WSMR BRIDGE REPAIR RR7B0003
Solicitation number
W911SG26BA017
Issued by

About this file

This is an Invitation for Bids (IFB) for repair of Bridge RR7B0003 located on Route 7 at White Sands Missile Range, New Mexico. The Mission and Installation Contracting Command (MICC) at Fort Bliss is soliciting sealed bids for a firm fixed-price construction contract with a 90-day performance period following notice to proceed. The project is 100% set aside for small business concerns under NAICS code 237310 (Highway, Street, and Bridge Construction) with a size standard of $45,000,000. The estimated construction magnitude is between $500,000 and $1,000,000, and the applicable sales tax rate for Doña Ana County, New Mexico is 6.4975%. Bids are due at 10:00 AM MST on September 18, 2026, at MICC-Fort Bliss, 111 Pershing Road, Room 220, Fort Bliss, TX 79916, with public bid opening at that same time and location.

Bidders must submit hard copies of Tabs A through E (cover sheet, executed SF 1442 with amendments, CLIN pricing, bonding letter, and bid bond guarantee) in a sealed envelope and email Tabs F through H (subcontractor list, representations and certifications, and digitally signed drawings) separately. A pre-bid conference and mandatory site visit will be held on September 11, 2026, at 9:00 AM MST at Building 102, White Sands Missile Range. All questions must be submitted by September 15, 2026, at 1:00 PM MST. The contract requires a bid guarantee of 20% of bid price or $3,000,000 (whichever is less), performance and payment bonds, and a superintendent on-site at all times during work performance who cannot be subcontracted. Liquidated damages are assessed at $1,054.57 per calendar day for delays. Construction wage rates apply per determination NM20260035, and the Buy American statute applies to domestic construction materials with specified exceptions.

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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

Patrick.Ferguson Line

Patrick.Ferguson Line

Section 00 00 00 - Procurement and Contracting Requirements

WSMR BRIDGE REPAIR RR7B0003Instrument Name:

THIS IS AN "INVITATION FOR BIDS". A BID GUARANTEE IS REQUIRED Contract Description:

(SEE CLAUSE AT FAR 52.228-1). ALL BID BONDS MUST BE ORIGINALS; PHOTOCOPIES

WILL NOT BE ACCEPTED. PERFORMANCE AND PAYMENT BONDS ARE REQUIRED. THIS

PROJECT IS 100% SET ASIDE FOR SMALL BUSINESSES. THE NORTH AMERICAN

INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE IS 237310, WITH A SIZE STANDARD

OF $45,000,000.00. THE MAGNITUDE OF CONSTRUCTION IS BETWEEN $500,000 AND

$1,000,000. SALES TAX RATE FOR DONA ANA COUNTY, NEW MEXICO IS 6.4975% BID

OPENING ADDRESS: MICC-FORT BLISS, 111 PERSHING RD. ROOM 220, FORT BLISS, TX

79916. THE AWARDEE OF THIS CONTRACT WILL BE REQUIRED TO PROVIDE A

SUPERINTENDENT AT ALL TIMES WORK IS BEING PERFORMED ON THE PROJECT (SEE

CLAUSE AT FAR 52.236-6). THE SUPERINTENDENT IS CONSIDERED A KEY POSITION. THIS

POSITION SHALL NOT BE SUBCONTRACTED AND MUST WORK DIRECTLY FOR THE

PRIME CONTRACTOR. ALL WORK SHALL BE PERFORMED SIMULTANEOUSLY .

RESULTING CONTRACT WILL BE FIRM-FIXED-PRICE (FFP)

Product Service Code : Z2LB

W911SG26BA017

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 DPW063133P

-REPAIR BR

IDGE RR7B0

003-FINAL

Drawings 10 Aug

12 Attachment No

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

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Product Service Description: Repair Bridge - B003 (RR7)

Product Service Code: Z2LB

North American Industry Classification System (NAICS):

237310

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2026-02

52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation 2026-O0038)

2026-02

52.214-6 Explanation to Prospective Bidders.

1984-04

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

(Deviation 2026-O0038)

2026-02

52.214-12 Preparation of Bids. 1984-04

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

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

2026-02

52.225-10 Notice of Buy American Requirement-Construction Materials.

2014-05

52.233-2 Service of Protest. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.216-1 Type of Contract. (Deviation 2026-O0038)

2026-02

Type of Contract (Feb 2026) (Deviation 2026-O0038)

The Government contemplates award of a contract resulting from this Firm Fixed Price solicitation.

(End of provision)

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening (a) of bids, may be cause for rejection of the bid.

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond (b) e.g., supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

To unsuccessful bidders as soon as practicable after the opening of bids; and(1)

To the successful bidder upon execution of contractual documents and bonds (including any (2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

The amount of the bid guarantee shall be of the bid price or , (c) 20 percent $3,000,000 whichever is less.

If the successful bidder, upon acceptance of its bid by the Government within the period (d) specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

In the event the contract is terminated for default, the bidder is liable for any cost of (e) acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

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/class_deviations.html

(End of provision)

52.252-3 Alterations in Solicitation. 1984-04

Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

None

(End of clause)

52.252-5 Authorized Deviations in Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

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

The use in this solicitation of any (b) Defense Federal Acquisition Regulation (DFARS) (48 CFR Chapter 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

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1. Description of the Project:

The The Mission and Installation Contracting Command (MICC) - White Sands Missile Range, New Mexico issue an Invitation for Bids (IFB) to award a single firm-fixed-price contract to provide all plant, labor, transportation, materials, tools, equipment, appliances, and supervision necessary for the repair of bridge RR7B0003 on route 7 at White Sands Missile Range, NM. The contract duration is 90 days after notice to proceed.

2. Instructions to Bidders:

2.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) W911SG-26-B- A017, at 10:00 AM MST 18 September 2026 at Ft. Bliss, TX, Bldg. 111 Rm 220.

2.2. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.

2.3. This solicitation is 100% set-aside for Small Businesses.

3. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:

3.1. A Pre-bid conference will be conducted on for the 11 September 2026 at 09:00 AM MST purposes of briefing on the bid requirements and answering questions regarding this solicitation.

This conference will be held at the parking lot of BLDG 102, White Sand Missile Range, NM.

Interested Contractors are highly encouraged to attend pre-bid conference however it is not mandatory. The site visit will be held following the conference.

3.2. The conference/site visit is limited to a maximum of two (2) attendees per company.

Contractor representatives should be prepared to furnish identification if requested. Email the following attendees to MAJ Cuong Tran at cuong.m.tran5.mil@army.mil

COMPANY NAME

POC Name and position title Telephone Number

Individual or group questions will not be answered during the site visit. Potential bidders may submit written questions in accordance with number 4 (below) of this instructions to bidders section.

3.3. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

3.4. A record of the conference shall be made and furnished to all prospective bidders via posting at https://sam.gov/.

4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

Submit all questions in the format below by email to the contracting office address shown below.

Do NOT contact DPW directly. Doing so will only delay your answer. All questions must come through the Contracting Office.

Subject Line: Reference No. SOLICITATION W911SG-26-B-A017 WSMR Bridge Repair

RR7B0003

Email: cuong.m.tran5.mil@army.mil

PRE-BID INQUIRY FORMAT

Date of Bid Inquiry:

From: Company Name:

Address:

Phone Number: Fax Number:

Email address:

Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)

4.1. Any explanation desired by bidder regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.

4.2. All questions and requests for information (RFI) must be received NO LATER THAN 15 . BIDDERS ARE STRONGLY ENCOURAGED TO September 2026 at 1:00 PM MST SUBMIT

QUESTIONS EARLY IN THIS PROCESS. **After the due date no additional RFI's will be answered**

4.3. Any changes to the drawings, specifications, etc. will be issued in the form of an amendment.

However, any answers that clarify or provide an interpretation to the drawings, specifications, etc.

will NOT be posted via amendment but rather as a response to the RFI on SAM at https://sam.gov/

4.4. Receipt by the bidder must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids.

4.5. All technical data related to this solicitation will be distributed using the SAM Contract Opportunities (https://sam.gov/) system. SAM is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with SAM before accessing the system.

4.5.1. Amendments, if/when issued will be posted to https://sam.gov/ for electronic downloading.

This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation.

Websites are occasionally inaccessible due to various reasons.

5. SUBMISSION OF BIDS: HARD COPIES (TABS A-E) SHALL BE RECEIVED IN A SEALED

ENVELOPE AS INDICATED BELOW. TABS F-H SHALL BE EMAILED TO THE ADDRESS

LISTED ABOVE. NO ELECTRONIC SUBMISSION OF BIDS (TAB A-E) WILL BE AUTHORIZED.

ONLY TABS F-H SHALL BE EMAILED TO THE ADDRESS LISTED ABOVE IN AN EFFORT TO

REDUCE WASTE. IF A HARD COPY IS NOT RECEIVED BY BID OPENING (TABS A-E), THE

TABS SUBMITTED BY EMAIL (TABS F-H) WILL BE IGNORED/ DELETED.

5.1. The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Bids shall not be addressed to any specific person. Any bids hand-delivered between 09:00 AM and 10:00 AM MST on the due date shall only be delivered to the bid opening room at:

MICC-Fort Bliss, Room 220 111 Pershing Rd. Fort Bliss, TX 79916

*Note: Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer shall declare the bid "late" in accordance with RFO FAR 14.301.

All bids must be clearly identified with the bidder's name and address; and must be SEALED in an envelope (In an effort to reduce waste, please do not include a binder). To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Invitation for Bid No: W911SG-26-B-A017 Due Date of Bids: 18 September 2026

Time by which Bids are due: 10:00 AM MST

Title of Project: WSMR Bridge Repair RR7B0003

Bidders submission shall consist of one (1) volume hard copy. TAB TITLE ORIGINAL (HARD

COPY)

A) COVER SHEET (1)

B) SF 1442/ AMENDMENTS (1)

C) TOTAL CONTRACT PRICE (1)

D) LETTER FROM BONDING COMPANY (1)

E) BID BOND GUARANTEE (1)

F) SUBCONTRACTOR LIST (EMAIL)

G) REPS & CERTS (EMAIL)

H) DIGITALLY SIGNED DRAWINGS (EMAIL)

Bids delivered before bid opening must be delivered in person or by mail, including, Federal Express or United Parcel Service to the address as indicated below. The date and time of delivery established by these carriers is not the official time of receipt by the Government. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by Federal Express and United Parcel Service are required to be sent to:

MICC-Fort Bliss

Attention: MAJ Cuong Tran, Contract Specialist W911SG-26-B-A017 Bldg. 111 Pershing Road Fort Bliss, TX 79916

Bidders must allow sufficient time to complete security screening to gain admittance to Fort Bliss, TX. The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids.

6. PUBLIC BID OPENING:

The bid opening will occur at the time and date specified in Block 13 of the SF1442: MICC-Fort Bliss, Room 220

111 Pershing Rd Fort Bliss, TX 79916

7. WAGE DETERMINATION:

Construction Wage Rates are applicable to this project NM20260035 as shown within the solicitation and provided as a separate attachment.

8. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.

9. CLAUSES:

Clauses and provisions from the Federal Acquisition Regulation (FAR) supplements are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

10. SYSTEM FOR AWARD MANAGEMENT (SAM):

Bidder must be registered in the database IAW RFO FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in RFO FAR 52.219-1(c), Small Business Program Representations, Representations.

11. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with RFO FAR Part 4.101, the Government will retain one copy of all unsuccessful bids including the bid bond.

12. BID CONTENT/BIDDERS QUALIFICATIONS:

IFB DOCUMENTS. Contract shall be awarded to the responsive/responsible prospective contractor considering only price. Before award, to be determined responsive, a prospective contractor must furnish the following information with their bid:

a. TAB A: Cover Sheet. Coversheet shall be on company letterhead and must contain your UEI number, CAGE code, Tax ID, and authorized representative(s) who can obligate your company contractually, sign the bid, and sign, other contract actions; include telephone number with area code and complete email address for each authorized representative.

b. TAB B: Signed and completed SF 1442 along with any amendments. The SF1442 shall be submitted fully completed. The Contractor shall acknowledge any amendments to the IFB in accordance with the instructions on the SF1442. All bidders are cautioned to complete blocks 20a- 20c with an original signature in block 20b. Failure to provide all of the above requirements shall render your bid nonresponsive.

c. TAB C: CLIN Price and Total Contract Amount. The Bidders shall provide page 3 and 4 of the solicitation pricing each CLIN individually and include the OVERALL contract price.(There is no box for this, please annotate sum below CLIN prices)

d. TAB D: Letter from Bonding Company. Letter must indicate the bidder's ability to obtain performance and payment bonds in the amount of their bid. Failure to provide this letter shall render your bid as nonresponsive.

e. TAB E: Bid Bond Guarantee. Per RFO FAR Part 52.228-1, failure to provide a bid bond guarantee shall render your bid non-responsive.

f. TAB F: Subcontractor List (EMAIL). Bidders shall submit a list of proposed subcontractors as an attachment to their bid. If bidder does not intend on utilizing subcontractors (self- perform), Bidder shall state so in their bid.

g. TAB G: REPRESENTATIONS, CERTIFICATIONS (EMAIL). The bidder shall ensure that their business has completed an online Representations and Certifications at the System and Awards Management (SAM) website, which may be found at https://www.sam.gov/portal/public/SAM//. It is the bidder's responsibility to ensure that the information provided in each representation and certification is completed truthfully and completely. A bidder's failure to complete the online representations and certifications prior to the close of the Solicitation (to include listing of the applicable NAICS code and applicable size standards) will result in their bid being deemed non-responsive and eliminated from further consideration. Bidders shall submit the representations and certifications listed in Section 00600 or provide a printed version of the documents from their corporate SAM profile. Bidder must be registered in the database IAW RFO FAR Part 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in RFO FAR Part 52.219-1(c), Small Business Program Representations, Representations.

h. TAB H: DIGITALLY SIGNED DRAWINGS (EMAIL). Bidders shall submit a copy of signed drawings, file name: DPW063133P-REPAIR BRIDGE RR7B0003-FINAL Please note drawings shall be digitally signed. Failure to provide digitally signed drawings shall render your bid as nonresponsive.

*** END OF NARRATIVE ***

*** END OF NARRATIVE 1 ***

Section 00 45 00 - Representations and Certifications

FAR Provisions 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.

2024-09

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

2017-01

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.225-7055 Representation Regarding 2022-05

Business Operations with the Maduro Regime.

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

2023-06

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-2 Certificate of Independent Price Determination.

1985-04

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)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not 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.

52.209-7 Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

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

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

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

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements 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 (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(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).

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

Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026-

(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).]

[ ] (1) The Offeror certifies that-

(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

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

(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) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when 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.

52.214-14 Place of Performance-Sealed Bidding.

1985-04

Place of Performance-Sealed Bidding (Apr 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, intends, does not intend [ ] to use one or more plants or facilities located at a different check applicable box address from the address of the bidder as indicated in this bid.

(b) If the bidder checks "intends" in paragraph (a) of this provision, it shall insert in the spaces provided below the required information:

Place of Performance (Street Address, City, State, County, ZIP Code)

Name and Address of Owner and Operator of the Plant or Facility if Other than Bidder

(End of provision)

52.219-2 Equal Low Bids. (Deviation 2026-

2026-02

Equal Low Bids (Feb 2026) (Deviation 2026-O0038)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of provision)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

2020-06

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 [Offeror

] from the excise tax.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.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) . As used in this provision, "covered defense telecommunications equipment Definitions or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) . The Offeror shall review the list of excluded parties in the System for Procedures Award Management (SAM) ( ) for entities excluded from receiving federal https://www.sam.gov awards for "covered defense telecommunications equipment or services".

(c) . The Offeror represents that it does, does not provide covered defense Representation 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.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense

2021-05

Telecommunications Equipment or Services-Representation.

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) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or 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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from 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) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for 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) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications 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).

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-7 Withholding of Funds. (Deviation 2026-O0038)

2026-02

52.249-10 Default (Fixed-Price Construction). (Alternate I)

1984-04 Alternate I 1984-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.226-7003 Drug-Free Work Force. 2024-08

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-28 Postaward Small Business Program Rerepresentation.

(Deviation 2026-O0038) (Alternate I)

2026-02 Alternate I 2026-02

Alternate I . As prescribed in , substitute (Feb 2026) (Deviation 2026-O0038) 19.101(a)(2)(iii)(B) the following paragraph (g)(1) for paragraph (g)(1) of the basic clause:

(g)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no)

237310 ____

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

2026-02 Alternate I 2026-02

Alternate I (Feb 2026) (Deviation 2026-O0038). As prescribed in 40.205(b), substitute the following paragraph (e)(1) for paragraph (e)(1) of the basic clause:

(e) .Governmentwide exclusion and removal orders

(1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (e)(1). [Contracting Officer must select either "yes" or "no" for

:]each of the following types of FASCSA orders

Yes [ ] No [ ] DHS FASCSA Order

Yes [ ] No [ ] DoD FASCSA Order

Yes [ ] No [ ] DNI FASCSA Order

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.215-7992 Only One Offer. (DEVIATION 2026-O0048)

2026-03 Deviation 2026- O0048

2026-03

ONLY ONE OFFER (DEVIATION 2026-O0048) (MAR 2026)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-2(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7994, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at 15.404).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.

S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-1 with the notification].

(4) As specified in FAR 15.403-1(d), an…

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