Solicitation - W912DS25BA013.pdf
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- Solicitation number
- W912DS25BA013
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This Solicitation (Standard Form 1442) is for a maintenance dredging project at East Rockaway Inlet, New York, issued by the U.S. Army Corps of Engineers New York District. The project involves dredging approximately 450,000 cubic yards of sand from the inlet and deposition basins to a depth of -14 feet Mean Lower Low Water, with a 2-foot overdepth allowance, and placing the dredged material along the Far Rockaway Beach shoreline for beach nourishment.
Key details include a project magnitude between $10-15 million, full and open unrestricted competition using NAICS code 237990, with a small business size standard of $37 million. The contract requires the contractor to commence work within 5 calendar days of notice to proceed, complete the basic work within 73 calendar days, and maintain a minimum production rate of 12,000 cubic yards per calendar day. Liquidated damages of $2,787 per calendar day will be assessed for delays. The solicitation anticipates bid opening in July 2025, contract award in July 2025, and notice to proceed in October 2025, with bids to be submitted to the U.S. Army Corps of Engineers in New York.
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
AWARD (To be completed by Government)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Section 00 00 00 - Procurement and Contracting Requirements
Maintenance Dredging of East Rockaway Inlet, NY Federal Navigation Project
W912DS25BA013
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001 Mobilization and Demobilization
Pricing Arrangement: Firm Fixed Price
1 Job
Basic Work 1 - Dredging Area & Beach Placement Dredging (to -14 feet MLLW + 2-foot allowable over depth), Subsequent Beach Placement (Sheets 3, 4, 5,6, 7, and 8 of 29 contracting drawings). Removal of material (255,730 CY) below mean lower low water (MLLW), plus 2-foot allowable over depth East Rockaway Inlet, NY, Federal Navigation Project (Channel and Deposition Basin 1) with placement of the dredged material along the Rockaway Beach Shoreline. Estimated Quantities.
Pricing Arrangement: Firm Fixed Price
255,730 Cubic Yard
Option Line Item
Option Work 1 - Dredging Area & Beach Placement Dredging (to -14 feet MLLW + 2-foot allowable over depth), Subsequent Beach Placement (Sheets 3, 4, 6, 7, and 8 contracting drawings). Removal of material (92, 640 CY) below mean lower low water (MLLW), plus 2-foot allowable over depth from East Rockaway Inlet, NY, Federal Navigation Project (Deposition Basin
2) with placement of the dredged material along the Rockaway Beach Shoreline. If Option 1 is exercised, an additional eight (8) calendar days will be added to the performance period. Estimated Quantities. Exercise of Option 1 is at the discretion of the Government and may be exercised within five (5) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work).
Pricing Arrangement: Firm Fixed Price
92,640 Cubic Yard
Option Work 2 - Dredging Area & Beach Placement Dredging (to -14 feet MLLW + 2-foot allowable over depth), Subsequent Beach Placement (Sheets 4, 5, 6, 7, and 8 contracting drawings). Removal of material (156,440 CY) below mean lower low water (MLLW), plus 2-foot
Option Line Item allowable over depth from East Rockaway Inlet, NY, Federal Navigation Project (Deposition Basin
3) with placement of the dredged material along the Rockaway Beach Shoreline. If Option 2 is exercised, an additional thirteen (13) calendar days will be added to the performance period. Estimated Quantities. Exercise of Option 2 is at the discretion of the Government and may be exercised within five (5) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work).
Pricing Arrangement: Firm Fixed Price
156,440 Cubic Yard
Option Line Item
Option Work 3 - Dredging Area & Beach Placement Dredging (to -14 feet MLLW + 2-foot allowable over depth), Subsequent Beach Placement (Sheets 3, 4, 6, 7, and 8 contracting drawings). Removal of material (54,735 CY) below mean lower low water (MLLW), plus 2-foot allowable over depth from East Rockaway Inlet, NY, Federal Navigation Project (Deposition Basin
4) with placement of the dredged material along the Rockaway Beach Shoreline. If Option 3 is exercised, an additional five (5) calendar days will be added to the performance period. Estimated Quantities.
Exercise of Option 3 is at the discretion of the Government and may be exercised within five (5) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work).
Pricing Arrangement: Firm Fixed Price
54,735 Cubic Yard
Section 00 20 00 - Instructions for Procurements
TOTAL BASE BID (CLINs 0001 THRU 0002).................................................$ ___________________
TOTAL OPTION BID (CLINs 0003 THRU 0005) ...........................................$ ___________________
TOTAL BID (CLINs 0001THRU 0005)............................................................$ ___________________
NOTESTO BIDDERS:
NOTE 1: Bidders must bid on all items. Failure to bid on all work will be cause for rejection of the bid as nonresponsive.
NOTE 2: Award of contract will be based on the responsible and responsive bidder with the lowest total price for the total of the CLINs 0001 through 0005.
NOTE 3: The unit prices for CLINs 0002, 0003, 0004,0006, AND 0005 represent the cost per cubic yard for the removal of the estimated quantities of dredged material (all material -14 feet mean lower low water (MLLW) per the respective CLINs, plus 2 foot allowable overdepth), in the Basic Work (Dredging Areas & Beach Placement of CLIN 0002 ) and Option Work(Dredging Areas & Beach Placement of CLINs 0003 through 0005) contract areas of East Rockaway Inlet, NY. The dredged material from CLINs 0002, 0003,0004, and 0005 must subsequently be placed along the Rockaway Beach shoreline.
NOTE 4: Exercise of Options are at the discretion of the Government and may be exercised within five (5) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work). If exercised, the options listed above may be exercised in numerical order. If options are exercised, their performance periods will be consecutive to that of the Basic Work. If exercised, the time for contract completion of each Option will be based on the rate of one (1) additional calendar day for each 12,000 cubic yards in the Option.
NOTE 5: All bidders are hereby advised that the estimated dredge quantities for placement in the price schedule are estimated and based on the survey data collected on 3, 5, 10, 11, 24-28 February 2025;3,10-12, 19 March 2025; and 2,9 April 2025.
NOTE 6: The Government may reject a bid as non-responsive if the prices bid are materially unbalanced between line items and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low bid.
NOTE 7: Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself may render the proposal non-responsive and may be cause for its rejection.
NOTE 8: The Contractor shall be required to (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and (iii) complete the entire work (Basic work and Options) ready for use, not later than 73 calendar days after the date the Contractor receives the Notice to Proceed.
The time stated for completion shall include final cleanup of the premises. (FAR 52.236-12)
RFIs will not be accepted after 20 days from posting (10 days prior to scheduled bid opening) in order to allow for RFI responses NOTE 9:
to be posted and ensure that bid opening remains unchanged.
Section 00 21 00 - Instructions
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-7 System for Award Management. Nov 2024 52.204-22 Alternative Line Item Proposal. Jan 2017 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023
FAR Clauses Incorporated by Full Text
52.233-2 Service of Protest. (Sep 2006)
Service of Protest (Sept 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that (a) are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Mr. Francis Cashman
Francis.Cashman@usace.army.mil
26 Federal Plaza
Room #16-300
New York, NY 10278
The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(b)
(End of provision)
52.236-27 Site Visit (Construction). (Tailored) (Feb 1995)
Site Visit (Construction) (Feb 1995)
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 (a) 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.
Site visits may be arranged during normal duty hours by contacting:(b)
Name: jaspreet.s.jaswal@usace.army.mil
(End of Provision)
52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
(End of provision)
52.252-5 Authorized Deviations in Provisions. (Nov 2020)
Authorized Deviations in Provisions (Nov 2020)
The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the (a) addition of "(DEVIATION)" after the date of the provision.
The use in this solicitation of any provision with an authorized deviation is indicated by the (b) Defense Acquisition Regulation (48 CFR Chapter2) addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
Section 00 21 13 - Instructions to Bidders
CPARS - The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI)be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS)website at https://www.cpars.gov/index.htm.
BONDS - The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of October2023, when including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.
E VERIFY - "The Contractor must pre-screen Candidates using the E-Verify Program(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3business 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, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.
BID SUBMISSION INSTRUCTIONS - Contractors are required to deliver Bids to 26 Federal Plaza room 16-300 the designated recipient of bids is Nicholas Emanuel (917) 790-8069. Bids are due no later than 08 July 2025 at 2:00 P.M. Bid opening will happen on 08 July 2025 at 2:00 P.M.EST
NOTE: If dropping bids off in person, please advise via email to orlando.nieves@usace.army.mil and nicholas.p.emanuel@usace.army.mil
The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals.
Offerors are responsible for ensuring that Bids are submitted so as to reach the designated recipient and designated location. Offerors are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided.
Bidders are encouraged to call into the following teleconference line:
Dial in by phone
+1-601-262-2433, United States
Phone conference ID: 936 152 298#
Bidder must keep their phone on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the Sam.Gov website.
ADDITIONAL INSTRUCTIONS
Potential Bidders are reminded that only the minimum documents are required for bid submission:
1. Signed 1442.
2. Acknowledged amendments.
3. Filled out bid schedule and totals.
4. Bid Guarantee.
5. Bidders must check off box (d)in 52.204-8 Annual Representations and Certifications (JAN 2025) for being on SAM.gov.
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-18 Preparation of Bids-Construction. Apr 1984 52.214-19 Contract Award-Sealed Bidding-Construction. Aug 1996
Section 00 21 16 - Instructions to Proposers
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-16 Commercial and Government Entity Code Reporting. Aug 2020
Section 00 22 00 - Supplementary Instructions
FAR Clauses Incorporated by Full Text
52.252-3 Alterations in Solicitation. (Apr 1984)
Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
N/A
(End of clause)
Section 00 45 00 - Representations and Certifications
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.209-7 Information Regarding Responsibility Matters. Oct 2018
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. (Jan 2025)
Annual Representations and Certifications (Jan 2025)
(a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is .237990
(2) The small business size standard is .$37,000,000.00
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) 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 (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (d) applies.
(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[ ]Contracting Officer check as appropriate.
52.204-17, Ownership or Control of Offeror.(i)
52.204-20, Predecessor of Offeror.(ii)
52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)
52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (iv) Equipment- Certification.
52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.(v)
52.227-6, Royalty Information.(vi)
Basic.(A)
Alternate I.(B)
52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.
After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [
]. These amended representation(s) and/or certification(s) are also offeror to insert changes, identifying change by clause number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
DFARS Clauses Incorporated by Full Text
252.204-7007 Alternate A, Annual Representations and Certifications. (Oct 2024) Alternate A (Oct 2024)
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (e) applies.
[ ] (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite 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 $150,000 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.
(End of provision)
Section 00 70 00 - Conditions of the Contract
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Dec 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition. Dec 2023
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
Jan 2025
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov 2021 52.210-1 Market Research. Nov 2021 52.211-18 Variation in Estimated Quantity. Apr 1984 52.214-12 Preparation of Bids. Apr 1984 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-9 Small Business Subcontracting Plan. Jan 2025 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014
52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).
Aug 2018
52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. Jan 2025 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-10 Waste Reduction Program. May 2024 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements. May 2014 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007
52.228-2 Additional Bond Security. Oct 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). Feb 2021 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-15 Progress Payments Not Included. Apr 1984 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Quantity Surveys. Apr 1984 52.236-16 Quantity Surveys. (Alternate I) Apr 1984 Alternate I Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-5 Payments to Small Business Subcontractors. Jan 2017 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.246-12 Inspection of Construction. Aug 1996 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. Nov 2021 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) Apr 2012 Alternate I Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
Aug 2022
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
Jan 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
Jun 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7016 Notice of Progress Payments or Performance-Based Payments. Apr 2020
252.236-7000 Modification Proposals--Price Breakdown. Dec 1991 252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7008 Contract Prices--Bidding Schedules. Dec 1991 252.242-7004 Material Management and Accounting System. Jan 2025 252.242-7006 Accounting System Administration. Jan 2025 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
Approval of Contract (Dec 1989)
This contract is subject to the written approval of Contracting Officer or Administrative Officer[identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. (Tailored) (Apr 1984)
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within after the date the Contractor receives the notice to 5 calendar days proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 73 calendar days after the date the contractor receives the notice to proceed.
52.211-12 Liquidated Damages-Construction. (Sep 2000)
Liquidated Damages-Construction (Sept 2000)
If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.$2,787.00
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.216-1 Type of Contract. (Apr 1984)
Type of Contract (Apr 1984)
The Government contemplates award of a contract resulting from this solicitation. FIRM FIXED PRICE
(End of provision)
52.217-8 Option to Extend Services. (Tailored) (Nov 1999)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .5 calendar days after NTP
(End of clause)
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.
[ ] Offeror elects to waive the evaluation preference.
(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)
Postaward Small Business Program Rerepresentation (Jan 2025)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-
(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and
(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal…
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