Solicitation - W912DQ26BA010 Solicitation IFB 20260518.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

OD Roadwork for Smithville and Tuttle Creek ProjectsInstrument Name:

The U.S. Army Corps of Engineers (USACE), Smithville Lake and Tuttle Creek Lake has a need for roadway and parking lot rehabilitation of public use areas. The work consists of furnishing all labor, equipment, materials, and services required to complete in-place pulverization of existing roadway, hot mix asphalt paving, chip seal, crack fill, pavement surfacing sealing, and pavement striping. Optional CLINs may or may not be exercised as part of the Contract.

Points of Contact

Title Name Phone Email

Contracting Officer

Christopher W.

Anderson (816) 389-christopher.w.anderson@usace.

army.mil

Contract Specialist

Angella Curran (816) 389-angella.curran@usace.army.mil

*** END OF NARRATIVE ***

W912DQ26BA010

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 Smithville Lake Tutt le Creek L ake OD Roa dwork Proj ects Drawi ng Package

Drawings 30 Mar

20 Attachment No

0002 SM & TC Ro adwork SOW _1_27_2026

Statement of Work 06 Feb

87 Attachment No

0003 Supplement al Bid Sch edule _4_2 9_2026

Supplemental Bid Schedule

Apr

2 Attachment No

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

Additional Information/Notes

CAUTION PAGE

NOTICE TO BIDDER

BEFORE SIGNING AND EMAILING YOUR BID, please take note of the following, as failure to perform any one of these actions may cause your proposal to be rejected.

1. AMENDMENTS: Have you acknowledged receipt of ALL Amendments? If in doubt as to number of amendments issued, please contact our office.

2. AMENDED BID PAGES: If any of the amendments furnished amended bid pages, the amended bid pages must be used in submitting your bid.

3. BID GUARANTEE: Sufficient bid guarantee in proper form must be furnished with your bid, if your bid exceeds $150,000.

4. MISTAKE IN BID: Have you reviewed your bid prices for possible errors in calculations or work left out?

5. FACSIMILE BIDS: Will not be considered. Facsimile withdrawals will be considered.

6. BUY AMERICAN ACT: All bidders are cautioned that, prior Government conduct notwithstanding , the Contractor's selection of a domestic construction material which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American Act. It is the Contractor's responsibility to verify, prior to submitting the materials for approval, which each system can be built to meet the contract specifications without the use of foreign construction materials.

7. SUBMISSION OF BIDS AND BID OPENING: Electronic bids are REQUIRED. Mailed and hand-delivered bids are NOT ALLOWED. The Contractor is required to ensure that the bid is legible and complete. Bid bonds shall be copied to where the seals are legible. To submit your bid, see Submission Requirements Section of this solicitation. If bid packages are not received by the Government recipient by the date and time specified for the bid opening, it may be considered late.

Refer to FAR 52.214-7 for how late bid packages are handled.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): In accordance with FAR 52.204-7, by submission of a bid, the contractor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the contractor does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting

Officer will proceed to award to the next otherwise successful registered contractor. Contractors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov /SAM/. It is highly encouraged that all prospective contractors start their SAM registration process as soon as possible. SAM.GOV REGISTRATION IS FREE OFCHARGE. PER FAR 4.1102(a), CONTRACTORS MUST BE

REGISTERED IN THE SAM DATABASE AT THE TIME A BID IS SUBMITTED. AFTER A BID IS

SUBMITTED AND A CONTRACTOR IS FOUND NOT REGISTERED IN THE SAM DATABASE,

THE CONTRACTING OFFICER WILL PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link https://sam.gov/content/entityregistration to register.

PLEASE NOTE: CONTRACTORS ARE REQUIRED TO FILL OUT ALL NECESSARY AND

REQUIRED PROVISIONS OR CLAUSES THAT ARE ASSOCIATED WITH THIS CONTRACT. IF

YOUR SAM REGISTRATION DOES NOT SHOW COMPLETED FILL-IN PROVISIONS AND

CLAUSES THAT ARE ASSOCIATED WITH THIS CONTRACT, THE FILL-IN PROVISIONS AND

/OR CLAUSES SHALL BE COMPLETED AND SUBMITTED WITH YOUR BID PACKAGE.

If you have questions about Government procurements in general or need assistance in the preparation of your bid, a local APEX Accelerator, formerly known as Procurement Technical Assistance Centers, may be able to help. The APEX Accelerator was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate an APEX Accelerator near you, go to http://www.aptac-us.org/sam-registration/. THIS IS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE U.S.

GOVERNMENT.

9. SPRS NIST SP 800-171 Notice: Per DFARS 252.204-7012 the selected awardee will need to be registered in NIST SP 800-171 prior to award of any contract/task order or any modification that is to exercise an option period or extend the period of performance of a contract/task order. To learn more information about the NIST SP 800-171 and learn how to register please go to https://www.sprs.csd.disa.mil/. OFFERORS MUST HAVE A CURRENT ASSESSMENT (NO

MORE THAN THREE YEARS OLD) PRIOR TO AWARD. IF YOU ARE NOT REGISTERED, THE

CONTRACING OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

CONTRACTOR.

MAGNITUDE OF PROJECT In accordance with FAR 36.204, the magnitude of this project is represented by the following estimated price range: Between $1,000,000 and $5,000,000.

*** END OF NARRATIVE ***

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Base - Tuttle Creek Lake, Administration Building Parking Lot This work shall consist of Asphalt Pavement Patching, Crack Filling and Chip and Sealing of the Administration Building Parking Lot. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. The contractor shall supply all labor and materials required for project completion. The period of performance (POP) for the work to be performed is 360 days from Notice to Proceed (NTP).

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option - Tuttle Creek Lake, Outlet Park Road and Parking Areas This work shall consist of Crack Filling and Chip and Sealing of Outlet Park Road and Parking Areas. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. The contractor shall supply all labor and materials required for project completion.

Exercising the option does not extend the

POP.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option - Smithville Lake, Loop Road Reconstruction This work shall consist of Full Depth Reclamation and placement of HMA for the Loop Road. All work shall conform with the project specifications as

1 Job approved by USACE. The contractor shall supply all labor and materials required for project completion. Exercising the option does not extend the POP.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Option - Smithville Lake, Crack Filling, Surface Sealant and Striping of Litton Way and Parking Lot This work shall consist of the crack filling, surface sealing and striping of Litton Way and the Litton Way Parking Lot. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE.

Exercising the option does not extend the

POP.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option - Smithville Lake, Surface Sealant and Striping of Administration Parking Lot This work shall consist of the surface sealing and striping of the parking lot. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. Exercising the option does not extend the POP.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option - Smithville Lake, Surface Sealant and Striping of Smith's Fork Road This work shall consist of the surface sealing and striping of the Smith's Fork Road. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. The contractor shall supply all labor and materials required for

1 Job project completion. Exercising the option does not extend the POP.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Option - Smithville Lake, Surface Sealant and Striping of Smith's Fork Parking Lot This work shall consist of the surface sealing and striping of the Smith's Fork Parking Lot. All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. The contractor shall supply all labor and materials required for project completion.

Exercising the option does not extend the

POP.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option - Smithville Lake, Surface Sealant and Striping of MO HWY DD Parking Lot This work shall consist of the surface sealing of the MO HWY DD Parking Lot.

All work shall conform with this specification and in reasonably close conformity to the plans and project specification as approved by USACE. The contractor shall supply all labor and materials required for project completion.

Exercising the option does not extend the

POP.

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

SUBMISSION REQUIREMENTS

All bids are due by: SEE BLOCK 13, on front page.

The Virtual bid opening will begin at the DATE AND TIME specified in Box 13A.

Electronic bids are REQUIRED. Mailed and hand-delivered bids are NOT ALLOWED.

The Contractor is required to ensure that the bid package is legible and complete. Bid bonds shall be copied and scanned so that all required raised seals are legible.

This requirement will be synopsized and solicited, and bids will be received, through the Procurement Integrated Enterprise Environment (PIEE) System Solicitation Portal. In order to submit a bid for this requirement through eh PIEEE Solicitation Portal, Contractors will first need to register for the PIEE 'Proposal Manager' role.

How to Register:

1. Navigate to https://wawf.eb.mil/

2. Select Register [topright]

3. Select Vendor

4. Create a User ID and Password and follow the prompts [next]

5. Create Security Questions [next]

6. Complete your User Profile Information [next]

7. Complete your Supervisor or Approving Official Information [next]

8. Complete Roles -Step 1. Select SOL-Solicitation, Step 2. Select Proposal Manager, Step 3.

Click Add Roles, Step 4. Fill in your Location Code (CAGE Code) [next]

9. Provide a justification for your registration [next]

10. Follow the remaining prompts to submit your registration

To learn more about the PIEE Solicitation Portal and for training/instructions on submitting your

W912DQ26BA010

https://wawf.eb.mil/ bid, please visit the Web Base Training Page below: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol /solicitation/proposals.xhtml

This IFB will result in one Firm-Fixed-Price contract.

Submit one (1) copy of the following in your bid package:

a. Bid schedule - complete with your bid amount

b. Supplemental Bid schedule - complete by fully entering all amounts in the attached supplemental bid schedule.

c. Ensure all Amendments are acknowledged.

d. Bid Bonds - (Copied with raised seal is legible) required with your submission.

e. Provisions/clauses are filled out that have not been acknowledged in SAM registration

f. Field Office Overhead shall be selected per specification SECTION 01 30 00 Paragraph 1.24

g. Ensure Bid is reviewed and signed by a principal of your company with authority to do so

Bid Opening

The bid opening will be held electronically. There will be a conference phone line available for all who are interested in attending the bid opening. The following information will be needed if you would like to call in for the bid opening:

Microsoft Teams Link: Join the meeting now

Meeting ID: 993 214 095 99

Passcode: mF2Th9YR

Dial in by phone: +1 601-262-2433,85862520#

Phone conference ID: 858 625 20#

If you have any questions, or cannot gain access to the conference line, contact Contract Specialist at (816) 389-3816.

W912DQ26BA010

https://dod.teams.microsoft.us/l/meetup-join/19%3adod%3ameeting_267a98e5e5094085b982dc238cea1c28%40thread.v2/0?context=%7b%22Tid%22%3a%22fc4d76ba-f17c-4c50-b9a7-8f3163d27582%22%2c%22Oid%22%3a%22f94b68e9-12d8-4a63-aa73-ae87905e7779%22%7d

INQUIRIES/QUESTIONS

Prospective Bidders shall submit contracting and technical inquiries and questions concerning this solicitation document via email to angella.curran@usace.army.mil

Bidders will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team.

SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or bidders are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be conducted at the contractor's convenience any time up to the proposal due date since all sites are open to the public.

(c) Points of contact are:

Smithville Lake, Smithville

Derek Dorsey

(816) 389-3947 derek.r.dorsey@usace.army.mil

Christopher Liles

(816) 389-3880

Christopher.m.liles@usace.army.mil

Tuttle Creek Lake

Wyatt Cooper

(785) 539-8511(ext. 3170) wyatt.m.cooper@usace.army.mil

Subcontracting Plans

IAW RFO FAR 19.109 Small business subcontracting plans

19.109(a)1(ii) In sealed bidding acquisitions, each invitation for bids to perform a contract that is expected to exceed $900,000 ($2 million for construction of any public facility) and that has subcontracting possibilities, must require the bidder selected for award to submit a subcontracting plan. If the selected bidder fails to submit a plan within the time limit prescribed by the contracting officer, the bidder will be ineligible for award.

(End))

*** 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

52.214-3 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

52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort. (Deviation 2026-O0038)

2026-02

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)

52.252-1 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):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/far

Defense Federal Acquisition Regulation Supplement

W912DQ26BA010

https://www.acquisition.gov/far https://www.acquisition.gov/dfars

Revolutionary FAR Overhaul https://acquisition.gov/far-overhaul/far-part-deviation-guide

(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 CFR Chapter ) provision with an (b) _DFARS __2__ authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.215-7008 Only One Offer. 2022-12

ONLY ONE OFFER (DEC 2022)

(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-

W912DQ26BA010

https://www.acquisition.gov/dfars https://acquisition.gov/far-overhaul/far-part-deviation-guide

(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 FAR 15.403-3); 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 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, 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 FAR 15.404-1).

(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 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00 21 13 - Instructions to Bidders

PARTNERING WITH US

DEFINITIZATION OF REQUESTS FOR EQUITABLE ADJUSTMENTS RELATED TO CHANGE

ORDER UNDER CONSTRUCTION CONTRACTS: A description of agency policies and procedures that apply to equitable adjustments for change orders under construction contracts as well as data on the agency's past performance regarding the time required to definitize equitable adjustments can be found on the USACE agency website Partnering With Us (https://www.usace.

army.mil/Business-With-Us/Partnering/). The website includes the Construction Project Partnering Playbook, the Construction Contract Modification Process, Construction Contract Modification Process Past Performance Data, and the Firm-Fixed-Priced Contract Changes Playbook.

*** END OF NARRATIVE ***

Section 00 22 00 - Supplementary Instructions

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.217-5 Evaluation of Options. (Deviation

Evaluation of Options (Feb 2026) (Deviation 2026-O0038)

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.229-12 Tax on Certain Foreign Procurements.

2021-02

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 Business Operations with the Maduro Regime.

2022-05

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

2023-06

252.232-7016 Notice of Progress Payments or Performance-Based Payments.

2020-04

Date

Alternate Deviation

Variation Effective Date

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).

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

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.

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 applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

[ ](i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

[ ](ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.

[ ](iii) 252.225-7020, Trade Agreements Certificate.

[ ] Use with Alternate I.

[ ](iv) 252.225-7031, Secondary Arab Boycott of Israel.

[ ](v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

[ ] Use with Alternate I.

[ ] Use with Alternate II.

[ ] Use with Alternate III.

[ ] Use with Alternate IV.

[ ] Use with Alternate V.

[ ](vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

[ ](vii) 252.232-7015, Performance-Based Payments-Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

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

2021-05

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

ANTITERRORISM/OPERATION SECURITY (AT/OPSEC)

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

*** END OF NARRATIVE ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

2026-02 Deviation 2022- O0001

2021-10

52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate I)

2026-02 Alternate I 2026-02

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

2026-02

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

2026-02

52.222-9 Apprentices and Trainees.

(DEVIATION 2025-O0003)

2026-02 Deviation 2025- O0003

2025-03

52.223-23 Sustainable Products and Services.