Solicitation - W9123626BA008_FEDMMA Maintenance 06172026.pdf
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- Solicitation number
- W9123626BA008
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This is a sealed bid Invitation for Bid (IFB) for design-bid-build construction services at Fort Eustis, issued by the Norfolk District of the U.S. Army Corps of Engineers.
The solicitation W9123626BA008 seeks firm-fixed-price contract performance for maintenance work at the Fort Eustis Dredge Material Management Area (FEDMMA) located at JBLE-Eustis, Virginia. The primary scope includes regrading and raising disposal site berms from current elevation 34 feet to 36 feet (approximately 1.5 miles in circumference), relocating two existing spill boxes 50-60 feet into the disposal site, and regrading the access road to match the new elevation. All material required is available within the disposal site. The contract magnitude is estimated between $5,000,000 and $10,000,000. The work is classified under NAICS 237990 (Other Heavy and Civil Engineering Construction) with Product Service Code Z2KF. Sealed bids are due by July 23, 2025 at 2:00 PM EST at the Norfolk District office. The contract is a 100 percent small business set-aside under the simplified acquisition threshold of $45 million. Award will be made to the lowest responsive, responsible bidder. The contractor must begin work within 10 calendar days of notice to proceed and complete work within 365 calendar days. Performance and payment bonds equal to 100 percent of the contract price are required. Liquidated damages are set at $860.00 per calendar day of delay. The contract is rated DO-C2 under the Defense Priorities and Allocations System and subject to Davis-Bacon wage requirements (Wage Determination VA20260201). An offer guarantee and detailed responsibility documentation including prior construction experience on military installations, marshy/wet environments, and road/shoulder work projects are required.
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DRAFT
(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
Created On:
17 Jun 2026, 14:12 PM Central Daylight Time
DRAFT
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
FEDMMA Maintenance Fort EustisInstrument Name:
PROJECT TITLE: FEDMMA Maintenance PROJECT LOCATION: FORT EUSTIS, VA A) THIS
ACQUISITION IS SOLICITED AS 100% SMALL BUSINESS SET-ASIDE DESIGN-BID-BUILD
PROCUREMENT USING THE INVITATION FOR BID SELECTION PROCESS IN ACCORDANCE
WITH RFO PART 14. B) NAICS CODE: 237990 - OTHER HEAVY AND CIVIL ENGINEERING
CONSTRUCTION C) SMALL BUSINESS SIZE STANDARD: $45 MILLION D) THIS IS A RATED
ORDER, WITH A RATING OF DO-C2, CERTIFIED FOR NATIONAL DEFENSE USE, AND YOU
ARE REQUIRED TO FOLLOW ALL PROVISIONS OF THE DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM REGULATIONS (15 CFR 700).
DESCRIPTION OF PROJECT: The Norfolk District, Corps of Engineers is contemplating a firm-fixed-price contract for the Design-Bid-Build construction of maintenance requirements at the Fort Eustis Dredge Material Management Area (FEDMMA), located at JBLE - Eustis with provisions to include Regrading/raising the disposal site berms to an elevation of 36 ft. The berms are currently at elevation 34 ft and have settled in a few places to below 34 ft. The work will also include the relocation of two existing spill boxes 50 - 60 feet into the disposal site. The existing access dirt and stone access ramp will need to be regraded, as well, to meet the new top-of-berm elevation.
*** END OF NARRATIVE ***
W9123626BA008
Section 00 01 15 - List of Drawing Sheets
The attachments listed in this Section are incorporated by reference and made part of this contract with the same force and effect as if included in full text.
*** END OF NARRATIVE ***
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0001 SKU.2024-0 8-
01.PS_FI
NAL_03-26-
Drawings 16 Jun
19 Attachment No
0002 RTA_FEDMMA
Specifica tions_25Ja n2026
Specification 16 Jun
543 Attachment No
0003 BID SCHEDU
LE_FEDMMA
Maintenanc e Ft Eusti s
Bid Schedule 16 Jun
1 Attachment No
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Work for this CLIN includes mobilization /demobilization, excluding bid items 0002- 0005.
Pricing Arrangement: Firm Fixed Price
1 Job
0002 Work for this CLIN all work to raise the dike as described in the plans and specification, excluding bid items 0001, 0003-0005.
Pricing Arrangement: Firm Fixed Price
1 Job
0003 Work for this CLIN includes demolition and installation of a new spill box with a walkway located at Station 39+12.59 and as described in the plans and specifications, excluding bid items 0001, 0002, and 0005.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Work for this CLIN includes demolition and installation of a new spill box with a walkway located at 23+69.71 and as described in the plans and specifications, excluding bid items 0001,0002, 0003 and 0005.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Work for this CLIN includes work to build an access road as described in the plans and specifications, excluding bid items 0001- 0004.
Pricing Arrangement: Firm Fixed Price
1 Job
Section 00 21 00 - Instructions
SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The conditions, Differing Site Conditions, and Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: ____________TBD_____________________________
Address: __________TBD_____________________________________
Telephone: ________TBD_____________________________
(End of Condition)
Alternate I (FEB 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic condition:
(b) An organized site visit has been scheduled for-
_________________TBD____________________________
(c) Participants will meet at-
_________________TBD____________________________
PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by ' '.See Attached Plans and Specs
(b) Weather conditions ' '.See Attached Plans and Specs
(c) Transportation facilities ' '.See Attached Plans and Specs
*** END OF NARRATIVE ***
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
52.204-16 Commercial and Government Entity Code Reporting.
2020-08
52.204-22 Alternative Line Item Proposal. 2017-01
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
52.214-34 Submission of Offers in the English Language.
1991-04
52.214-35 Submission of Offers in U.S.
Currency.
1991-04
52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
2014-05
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
2023-11
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.
2008-04
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; [ ] DO rated order certified for national defense, emergency 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. [Contracting Officer check appropriate box.]
(End of provision)
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 __ percent of the bid price or __(c) 20__ $3,000,000,.
, whichever is less.00___
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/far-overhaul https://www.acquisition.gov/dfars
(End of provision)
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 48 (b) __Defense Federal Acquisition Regulation Supplement ( CFR Chapter ) provision with an authorized deviation is indicated by the addition of __2__ "(DEVIATION)" after the name of the regulation.
(End of provision)
W9123626BA008
https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/dfars
Section 00 21 13 - Instructions to Bidders
INSTRUCTIONS TO OFFERORS
1. BID SUBMISSION INSTRUCTIONS
The Norfolk District will NOT accept bids by mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by submission via PIEE, as discussed below, only).
Bid Submission Requirements:
Submission Points of Contact:
Contract Specialist
Name: Michael Stevenson Jr.
Number: 757-201-7233
Email: Michael.L.Stevenson@usace.army.mil
Contracting Officer
Name: Michael Hagerty
Number: 757-201-7303
Email: Michael.Hagerty@usace.army.mil
Electronic Proposal Submission in Procurement Integrated Enterprise Environment (PIEE):
In accordance with (IAW) RFO 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than the date and time listed on page 1 of the Standard Form 1442 (SF 1442). Bids shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/.
Submittals by any other means will not be evaluated unless the PIEE system is down and another method of submittal is approved by the Contracting Officer in writing. Submittals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved.
It is the offeror's responsibility to check the PIEE Solicitation Module to ensure successful submission. In the event the PIEE Solicitation Module is down, the Bidder must notify the Contracting Officer, that the system is down and submission through the Solicitation Module is not possible, prior to the submission deadline.
Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient.
W9123626BA008
mailto://Michael.L.Stevenson@usace.army.mil mailto://Michael.Hagerty@usace.army.mil
It is the responsibility of the Bidder to confirm receipt of proposals. All bids received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Revolutionary Federal Acquisition Overhaul (RFO). In the event the Contractor alleges technical difficulties and does not notify the contracting officer until after the submission deadline, the Contracting Officer will follow procedures identified in the (RFO 52.214-7) to determine if the Contractor's late submission is accepted.
Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.
NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII) in the File Description.)
OFFERORS ARE STRONGLY ENCOURAGED TO AVOID WAITING UNTIL THE LAST MINUTE TO ATTEMPT TO TRANSMIT THEIR PROPOSALS. TECHNICAL ISSUES WITH UPLOAD MAY RENDER YOUR PROPOSAL
TO BE LATE.
Procurement Integrated Enterprise Environment (PIEE) Resources:
Training material and guides for registering and submitting proposals are listed below:
PIEE Solicitation Module Vendor Access Instructions: https://dodprocurementtoolbox.com/cms/sites/default/files /resources/2021- 08/PIEE%20Solicitation%20Module%20Vendor%20Access%20Instructions_0.pdf
For instructions on how to post an offer, please refer to the Posting Offer demo: https://pieetraining.eb.mil/wbt/sol /Posting_Offer.pdf.
Additional training and PIEE Solicitation Module resources can be found on the PIEE website at:
https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml
There are two vendor roles (Proposal Manager, Proposal View Only) for the PIEE Solicitation Module. The Proposal Manager role is required to submit an offer to a solicitation posted in the PIEE Solicitation Module.
Additionally, please be advised that when using the PIEE Solicitation Module, the user's e-mail address in PIEE must match the e-mail address on file in SAM.gov.
Any questions regarding bid submission must be submitted in ProjNet.
ACCEPTANCE OF BONDS AND OTHER FINANCIAL PROTECTIONS:
Please be advised that in accordance with FAR Deviation 2020-O0016, Class Deviation - Original Documents, Signatures, Seals and Notarizations - Electronic signatures and electronic, mechanically applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of FAR part 28 instruments as requested by this solicitation. The solicitation hereby incorporates Deviation 2020-O0016. For any bid bond, performance bond, or payment bond that may be required under this procurement, a seal is not required. In the event of conflict in another provision in the solicitation, the Deviation will control.
Documents to be submitted prior to the Bid Closing Date:
1. Filled-in and signed SF1442 (page 1 and 2)
2. Filled-in and signed SF30s (for any amendments to the Solicitation)
3. Filled in Bid Schedule. See Instructions Section 2 and Attachment 3 to this solicitation.
4. Bid Guarantee (See Instructions and RFO Clause 52.228-1)
5. Responsibility Documents, optional (See Instructions Section 3)
6. Copy of JV Agreement, if applicable (See Instructions Section 3)
7. Evidence of Agency Authority, if applicable (See Instructions Sections 8)
Electronic Bid Opening
There will be a "public" bid opening conducted by the Government via teleconference on at 10:00 24 JULY 2026 AM EST for participating bidders. The teleconference phone number and access codes will be emailed to participants once bid submission due date and time has lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.
A bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.
A copy of the duly executed Bid Guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled "Bid.26BA2008_Bidder Name." A physical copy of the Bid Guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.
2. BASIS OF AWARD
All blanks on the Attachment 3 Bid Schedule must be filled in by the bidder. In order for the bidder to be considered responsive, all CLINs must provide pricing in order to be considered. If a zero is proposed as cost of a line item, it should be clearly identified on the CLIN schedule by stating "$0.00" as applicable. All Unit Prices and Net Amounts on Attachment 1 must be rounded to the nearest whole dollar. A single award will be made to the responsible contractor submitting the lowest responsive bid on the basis of the total bid price, which shall be calculated as the sum of CLINs 0001 through 0005.
3. AWARD TO RESPONSIBLE BIDDER (RFO 9.1)
Responsibility will be determined, prior to award, by the Contracting Officer, by using any performance data available from the contractor. In accordance with Revolutionary FAR Overhaul (RFO) 9.104, the bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.
To be determined responsible, a bidder must:
a) Have adequate financial resources to perform the contract, or the ability to obtain them.
b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.
c) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history.
d) Have a satisfactory record of integrity and business ethics.
e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).
f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.
g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
Additionally, in accordance with RFO Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. The below listed information is not required to be responsive to the Invitation for Bid, however, it is HIGHLY recommended that bidders provide the below information with their bid.
The apparent low bidder shall submit the below responsibility documents to the Government within 3 working days of Government request:
a) One (1) signed bank reference demonstrating adequate financial resources. If bidder's firm has a line of credit
- provide information on how many figures bidder can borrow against the line of credit (e.g., medium 6 figures -exact line of credit is not required).
b) The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if available, or if unavailable then 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 a copy of the JV agreement and 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 bidder.
c) Representations and Certifications. Submit all pages of the Solicitation Section 00 45 00 Representations and Certifications. It is recognized that many of the same provisions are already completed in SAM.gov. Offerors shall fill in any provisions not already listed in SAM.gov, and shall fill in any provisions where the offeror's response differs for this Solicitation as compared to what is stated in SAM.gov.
DEFINITIVE RESPONSIBILTY CRITERIA (DRC) INFORMATION
The Government will request DRC information from the apparent low bidder. The DRC information shall be supplied within three (3) business days. The submission responding to the DRC must be provided in the form of a written detailed narrative, with a page limitation that shall not exceed five
(5) single-sided pages in total. Subsequent to bid opening, the Government will request the DRC information from the apparent low bidder. This information shall be provided to the Government within three (3) business days of the request. The DRCs will not impact the Government's determination of bid responsiveness in accordance with FAR 14.301.
The written narrative for the DRC listed below must demonstrate a bidder's successful completion of a contract(s) demonstrating all of the following three performance elements. The experience may be, but does not need to be, demonstrated in a single contract and may be demonstrated through more than one contract. To be deemed qualifying experience, each contract must have a minimum $1 million contract value and projects must have been completed within the past ten years immediately preceding the date of solicitation. The Definitive Responsibility Criteria is provided as follows:
1. Demonstrate that the company has performed as the prime contractor on at least one (1) construction contract on a military installation located within the continental United States, completed within the last ten (10) years from issuance of this solicitation (on or after 17 June 2016 ). Supply the following information for each contract submitted:
a. Name of project
b. Date of award
c. Date of completion
d. Name of owner
e. Owner point of contact information
f. Contract number
g. Description of the work performed
2. Demonstrate that the company has performed as the prime contractor on at least one (1) construction contract performing work in marshy/wet environments located within the continental United States, completed within the last ten (10) years from issuance of this solicitation (on or after
). Supply the following information for each contract submitted:17 June 2016
a. Name of project
b. Date of award
c. Date of completion
d. Name of owner
e. Owner point of contact information
f. Contract number
g. Description of the work performed
3. Demonstrate the company has performed as the prime contractor, or as a subcontractor on at least one (1) U.S. federal construction contract that included moving, placing, and compacting greater than 6000 CY of material for road/shoulder work, completed within the last ten (10) years of issuance of this solicitation (on or after ), with a minimum contract value of 17 June 2016 $1,000,000.00. Supply the following information for each contract submitted:
a. Name of project
b. Date of award
c. Date of completion
d. Name of owner
e. Owner point of contact information
f. Contract number
g. Description of the work performed
Bidders will be evaluated on conformance to these criteria. The Government reserves the right to reject any or all bids. The Government intends to award to the bidder submitting the lowest bid and meeting DRC requirements as determined by the Government.
The Government reserves the right to validate the matters responsive to all responsibility criteria through review of CPARS and other DOD or Government appraisal systems.
Subcontractor experience may be submitted for DRC number 3 only. In the case of a joint venture (JV), experience may be submitted from the JV submitting the bid, experience of one of the members of the JV submitting the bid, or experience of a member of the submitting JV if performed by that member as part of a different JV. Each contractor's (company's) experience shall be identified as belonging to that company. If subcontractor experience is used to meet the DRC number 3, a letter of commitment must be submitted from the subcontractor.
4. EVIDENCE OF AUTHORITY TO SIGN BIDS
Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship.
Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.
5. PRE-AWARD SAFETY CONFERENCE
Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.
Information elicited at this conference will be used by the Contracting Officer in determining the bidder's responsibility.
The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.
6. INSPECTION OF THE SITE
Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site are identified in the Instructions Section "SITE VISIT (CONSTRUCTION)."
7. INCURRING COSTS
The Government is not liable for any costs incurred by the bidder submitting a bid in response to this solicitation.
8. AGENTS
Bids signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent's authority to act on behalf of its Principal.
9. UNBALANCED BIDS
Any bid which is materially unbalanced as to prices for the contract line items may be rejected as non-responsive or otherwise not considered for award. An unbalanced bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.
10. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL
The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter.
11. MAGNITUDE OF CONSTRUCTION COST
The magnitude of construction cost is between, $5,000,000 and $10,000,000.
12. PROJNET - BIDDERS QUESTIONS AND COMMENTS
Submit all technical inquiries and questions relating to the solicitation via Bidder Inquiry to ProjNet at www.
projnet.org/projnet.
To submit and review announcement inquiry items, prospective applicants will need to be a current registered user or self-register into the system.
To self-register, go to the ProjNet web page, click the "Managing Agency" drop down, then select "USACE" for the agency and enter your email. On the same page, enter the Key Access code (provided below), agree to the privacy policy, and click "Sign In" to continue. On the next screen, fill in all required information and click "Add User." Last, verify the information is correct and click to continue.
Once logged in, you may view all prospective applicant inquiries or add an inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered.
All others will remain unanswered until entered in as single inquiries.
The Project ID is: W9123626BA008
The Bidder Key Access Code is: X7WQB2-E9D56I
The Bidder Inquiry System will be closed to new inquiries on 13 July 2026 at 4:00 PM EST in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
All submitted questions will be responded to via ProjNet and an amendment issued prior to the closing date.
Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
See the ProjNet Help page at https://projnet.org/projnet/binKornHome/index.cfm?strKornCob=HelpDeskInfo for assistance through phone using the Call Center or email using the Online Help option if needed.
13. SOCIOECONOMIC STATUS VALIDATION
This is a 100% Small Business Set-Aside IFB, the System for Award Management (SAM) website will be used to verify bidder's socio-economic status. In accordance with RFO FAR 52.204-7 SAM Registration please ensure that your Cage Code is listed on Block 14 of the SF1442 in order to be responsive.
Bidders must represent in SAM.gov that they are a Small Business under NAICS code 237990.
If bidder is submitting a bid as a Joint Venture (JV) submit your JV Agreement with your bid.
14. DISTRIBUTION OF ADVANCE NOTICES AND SOLICITATIONS
Information regarding USACEs definition of equitable adjustments for change orders under construction contracts can be found by following the weblink, Partnering With Us, https://www.usace.army.mil/Strategic- Partnerships/Partnering/mod/129895/details/443/
Click on link for View Construction Contract Modification Process.
*** END OF NARRATIVE ***
W9123626BA008
https://www.usace.army.mil/Strategic-Partnerships/Partnering/mod/129895/details/443/ https://www.usace.army.mil/Strategic-Partnerships/Partnering/mod/129895/details/443/
Section 00 22 00 - Supplementary Instructions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.217-4 Evaluation of Options Exercised at Time of Contract Award.
(Deviation 2026-O0038)
2026-02
52.217-5 Evaluation of Options. (Deviation
2026-02
Section 00 45 00 - Representations and Certifications
DFARS Provisions Incorporated by Reference
Number Title Effective 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 Business Operations with the Maduro Regime.
2022-05
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the
Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.
The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)
(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)
(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.209-7 Information Regarding Responsibility Matters.
(Deviation 2026-O0038)
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).
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7007 Alternate A, Annual Representations and Certifications.
2025-10 Alternate A
2025-10
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2025)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (e) applies.
[ ] (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $200,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(2) The following representations or certifications in SAM are…
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