Solicitation - W912DS26BA009 Professional Appearance.pdf
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- Solicitation number
- W912DS26BA009
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Port Monmouth Phase I, Contract 1 Renourishment - Sealed Bid Solicitation
This is a Sealed Bid Invitation for Bids (IFB) issued by the U.S. Army Corps of Engineers, New York District, for the Port Monmouth Phase I, Contract 1 Renourishment project located in Middletown Township, Monmouth County, New Jersey. The solicitation number is W912DS26BA009, with a project number of A040440. The estimated project value ranges between $5,000,000.00 and $10,000,000.00, classified under NAICS Code 237990 with a small business size standard of $45,000,000.00. Sealed bids are due by 2:00 PM EDT on May 20, 2026, at the U.S. Army Corps of Engineers, New York District, Contracting Division, Room 16-300, 26 Federal Plaza, New York, NY 10278-0090. All bidders must allow ample time to pass through security checkpoints to deliver bids before the 2:00 PM deadline. Nicholas Emanuel serves as the Contract Specialist (Nicholas.P.Emanuel@usace.army.mil; 917-790-8069).
The contract requires a Firm Fixed Price structure with four line items: (0001) Supplies/Service Bond and Other Costs for mobilization/demobilization on a per-job basis; (0002) Beachfill comprising 77,262 cubic yards of material transport, placement, and shaping; (0003) As-Built CAD submittals as a pre-priced line item of $100,000; and (0004) an optional liability insurance line item for NJDEP, Monmouth County, and Middletown Township coverage exercisable within 90 days after Notice to Proceed. The contractor must begin performance within 5 calendar days of Notice to Proceed and complete all work within 189 calendar days. Performance and payment bonds are required with a 10-calendar-day deadline for execution. Bidders must provide a bid guarantee equal to 20 percent of the bid price or $3,000,000.00, whichever is less. Offers must remain acceptable for a minimum of 120 calendar days after bid submission. Liquidated damages are set at $3,363 per day for delays, with an additional $841 per day for incomplete punchlist items after beneficial occupancy.
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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
Port Monmouth Phase I, Contract 1 RenourishmentInstrument Name:
Project Title: Port Monmouth Phase I, Contract 1 Renourishment Location: Middletown Township, Monmouth County, New Jersey 1. Full and Open Competition Invitation for Bids (IFB) 2. NAICS Code 237990, Size Standard $45,000,000.00 3. Project Magnitude Range: Range between $5,000,000.00 and $10,000,000.00 4. Contract Specialist is Nicholas Emanuel: Nicholas.P.
Emanuel@usace.army.mil; 917-790-8069 5. Submit Bids no later than 2:00PM EDT on 20 May 2026 (or as amended) to: U.S. Army Corps of Engineers, New York District, Contracting Division, Room 16-300, 26 Federal Plaza, New York, NY 10278-0090 Due to heightened security at U.S.
Government installations, all Bidders are instructed to allow ample time to get through the security checkpoint in order to have their bids delivered before 2:00PM EDT on the date of the bid opening
W912DS26BA009
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Supplies/Service Bond, and Other Costs (by exception only): Other costs to complete the work including (but not limited to) bond, mobilization /demobilization. Other costs may be included by exception only if they are not specifically captured elsewhere in the bid schedule. General conditions or job/field office overhead shall NOT be included under this line item and will not be paid as a separate activity; these costs shall be included within the unit cost of all other line items.
Pricing Arrangement: Firm Fixed Price
1 Job
0002 Beachfill All work to transport, place, and shape beachfill. Quantities are Estimated Pricing Arrangement: Firm Fixed Price
77,262 Cubic Yard
0003 As-Builts AS-BUILT "Contractor shall complete the Record ("As-Builts") CAD submittal as required by Specification Section 01 78 00 CLOSEOUT SUBMITTALS for Record Drawings ("As- Builts") Requirements, This is a pre priced line item for $100,000.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
LIABILITY INSURANCE: NJDEP,
Monmouth County, and Middletown Township Liability Insurance. The amount bid will be the maximum amount
1 Job payable. Actual payment will be based on actual costs shown to add NJDEP, Monmouth County and Middletown Township to the contractor's existing policy required by the contract up to bid amount. Payment will be based on the submission of a paid invoice for the actual cost as verification. This option may be exercised within 90 days after Notice to Proceed of the Base Contract.
Pricing Arrangement: Firm Fixed Price
Section 00 20 00 - Instructions for Procurements
BASE BID CLINS 0001 thru 0003 $_____________
OPTIONAL BID ITEM CLIN 0004 $_________________
TOTAL BASE PLUS OPTIONS CLINS 0001 thru 0004 $______________
NOTES FOR PRICE SCHEDULE:
1 Bidders are required to bidon all Bid Items on the Price Schedule, or their bid will be rejected.
2 The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Bid, base plus options.
3 Any bid which is materially unbalanced as to the price for the Bid Items may be rejected. An unbalanced bid is one, which is based on price significantly less than the cost for some work and prices are significantly overstated for other work.
4 Bidders are reminded that they must bid on the issued plans and specifications as amended.
Any deviations, conditions or attachments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.
*** END OF NARRATIVE ***
Section 00 21 00 - Instructions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)
2026-02
52.214-4 False Statements in Bids. 1984-04
52.214-5 Submission of Bids. (Deviation 2026-O0038)
2026-02
52.214-6 Explanation to Prospective Bidders.
1984-04
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
(Deviation 2026-O0038)
2026-02
52.214-12 Preparation of Bids. 1984-04
52.214-34 Submission of Offers in the English Language.
1991-04
52.214-35 Submission of Offers in U.S.
Currency.
1991-04
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)
2026-02
52.225-10 Notice of Buy American Requirement-Construction Materials.
2014-05
52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
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
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
2023-11
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
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 Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.228-1 Bid Guarantee. 1996-09
Bid Guarantee (Sept 1996)
Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening (a) of bids, may be cause for rejection of the bid.
The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond (b) e.g., supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-
To unsuccessful bidders as soon as practicable after the opening of bids; and(1)
To the successful bidder upon execution of contractual documents and bonds (including any (2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
The amount of the bid guarantee shall be 20 percent of the bid price or $ , (c) 3,000,000.00 whichever is less.
If the successful bidder, upon acceptance of its bid by the Government within the period (d) specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
In the event the contract is terminated for default, the bidder is liable for any cost of (e) acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference.
1998-02
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov
(End of provision)
52.252-3 Alterations in Solicitation. 1984-04
Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
N/A
(End of clause)
52.252-5 Authorized Deviations in Provisions.
2020-11
Authorized Deviations in Provisions (Nov 2020)
The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) (a) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
The use in this solicitation of any (b)
FAR (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
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-
(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
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.
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 20 May 2026 at 2:00 P.M. Bid opening will happen on 20 May 2026 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
+1 503-207-9433
Phone Conference ID: 441716878#
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.
W912DS26BA009
https://www.cpars.gov/index.htm.
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.
*** END OF NARRATIVE ***
Section 00 45 00 - Representations and Certifications
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
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-
2023-06
Representation.
FAR Provisions Incorporated by Full Text
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.
52.214-14 Place of Performance-Sealed Bidding.
1985-04
Place of Performance-Sealed Bidding (Apr 1985)
(a) The bidder, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.
(b) If the bidder checks "intends" in paragraph (a) of this provision, it shall insert in the spaces provided below the required information:
Place of Performance (Street Address, City, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Bidder
52.219-2 Equal Low Bids. (Deviation 2026-
Equal Low Bids (Feb 2026) (Deviation 2026-O0038)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
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
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.222-7 Withholding of Funds. (Deviation 2026-O0038)
2026-02
52.236-16 Quantity Surveys. (Alternate I) 2026-02 Alternate I 1984-04
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.219-28 Postaward Small Business Program Rerepresentation.
(Deviation 2026-O0038) (Alternate I)
2026-02 Alternate I 2026-02
Alternate I . As prescribed in , substitute (Feb 2026) (Deviation 2026-O0038) 19.101(a)(2)(iii)(B) the following paragraph (g)(1) for paragraph (g)(1) of the basic clause:
(g)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
237990
Section 00 72 00 - General Conditions
Commencement, Prosecution, and Completion of Work - Construction (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within calendar days 5 after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and
(c) complete the entire work ready for use not later than 175 Calendar Days after NTP.* The time stated for completion shall include final cleanup of the premises.
(End of condition)
Variation in Estimated Quantity (Apr 1984)
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
(End of condition)
"General Decision Number: NJ20260058 01/02/2026
Superseded General Decision Number: NJ20250058
State: New Jersey
Construction Type: Heavy
County: Monmouth County in New Jersey.
HEAVY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 01/02/2026
ASBE0032-005 09/19/2024
MONMOUTH COUNTY (Township of Aberdeen; Borough of Allenhurst;
City of Asbury Park; Boroughs of Atlantic Highlands, Avon-by-the-sea, Belmar and Bradley Beach; Township of Colts
Neck; Boroughs of Deal, Eatontown and Fair Haven; Township of
Hazlet; Borough of Highlands; Township of Holmdel; Boroughs of
Keansburg, Keyport and Little Silver; Township of Marlboro;
Borough of Matawan; Township of Middletown; Borough of Monmouth
Beach; Township of Neptune; Boroughs of Neptune City, Oceanport, Red Bank, Sea Bright and Shrewsbury; Township of
Shrewsbury; Boroughs of South Belmar, Union Beach and West Long
Branch):
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement).......................$ 51.74 46.20
ASBE0089-005 07/01/2025
MONMOUTH COUNTY (Borough of Freehold; Townships of Freehold, Howell, Millstone, Upper Freehold and Wall)
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR ((includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement))......................$ 55.80 40.80
PAID HOLIDAYS:
The last day prior to the Christmas and New Year's Day observed holiday: 4 hrs. pay.
BRNJ0004-001 05/01/2025
Rates Fringes
CEMENT MASON.....................$ 49.60 37.96
CARP0006-013 05/01/2025
Rates Fringes
CARPENTER (Including Form
Work)............................$ 57.42 59.25%+$0.15
The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.
CARP0454-009 05/01/2023
Rates Fringes
PILEDRIVERMAN....................$ 46.73 41.69
PAID HOLIDAYS:
New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day; provided that the worker works any of the three days in the five-day work week preceding the holiday and the first work day after the holiday.
CARP0715-007 05/01/2025
Rates Fringes
Millwright.....................$ 58.84 59.25%+0.20
Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.
ELEC0400-007 06/02/2025
Rates Fringes
Electrician & Cable Splicer......$ 57.70 45.92
ENGI0825-021 07/01/2025
Rates Fringes
Power equipment operators:
GROUP 1.....................$ 61.72 37.50
GROUP 2.....................$ 60.13 37.50
GROUP 3.....................$ 58.22 37.50
GROUP 4.....................$ 56.59 37.50
GROUP 5.....................$ 52.88 37.50
Hazardous waste removal work:
Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.
PAID HOLIDAYS:
New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided
1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.
DEFINITION OF GROUPS:
GROUP 1:
Backhoe, Including Backhoe Track; Boom; Concrete Paving
Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill);
Elevating Grader; Excavator; Front End Loader (5 cu. yd.
and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable)
GROUP 2:
Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish);
Hoist; Hydraulic Crane, 10 Tons and under; Front End
Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side
Boom
GROUP 3:
Asphalt Spreader; Bulldozer; Compressor(2 or 3) (in Battery)
(within 100 ft.); Crusher; Forklift; Front End Loader (1
cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic;
Paver, Asphalt; Roller, Blacktop; Tractor;
GROUP 4:
Broom; Compressor (Single); Farm Tractor; Front End Loader
(under 1 cu. yd.); Roller, Grade; Pump
GROUP 5:
Oiler
IRON0011-013 07/01/2025
Rates Fringes
IRONWORKER
Reinforcing.................$ 49.94 50.32
Structural, Ornamental, Rigger......................$ 52.24 50.32
LABO0077-008 07/01/2012
Rates Fringes
LABORER
MASON TENDER:
Cement/Concrete.............$ 29.35 23.07
LABO0172-009 03/01/2025
Rates Fringes
Laborers:
Common or General Laborer;
Landscape Laborer, Power
Tool Operator...............$ 50.95 38.53
Pipelayer...................$ 51.65 38.53
Hazardous waste removal work:
Work on a state or federally designated hazardous waste site, where the worker is required to wear Level A, B or C personal protection: $3.00 per hour additional.
Work on a state or federally designated hazardous waste site, where the worker is not required to wear Level A, B, or C personal protection: $1.00 per hour additional.
PAID HOLIDAYS:
New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided that the worker works three days for the same employer within a period of ten working days consisting of five working days before and five working days after the day upon which the holiday falls or is observed.
PAIN0711-023 05/01/2023
Rates Fringes
Painters:
Work on bridges (Major
Bridges Designed for
Commercial Navigation)......$ 58.28 33.85
PAIN0711-024 05/01/2017
Rates Fringes
Painters:
New Construction
Brush and roller...........$ 40.19 22.72
Repaint work, on projects on which no major alterations occur.
Brush and roller...........$ 29.05 18.91
PLUM0009-024 07/01/2025
Rates Fringes
PIPEFITTER.......................$ 59.57 46.45
Service and Repair..........$ 46.23 29.23
TEAM0469-008 05/01/2025
Rates Fringes
Truck drivers:
Dump Truck; Flatbed
Truck;Pick up truck.........$ 48.63 42.655
Off the Road Truck..........$ 48.78 42.655
Hazardous waste removal work:
Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional.
Work on a state or federally designated hazardous waste site, in a zone requiring Level A personal protection for any workers other than the truck driver: $3.00 per hour additional.
Work on a state or federally designated hazardous waste site where the worker is not working in a zone requiring Level
A, B or C personal protection: $1.00 per hour additional.
PAID HOLIDAYS:
New Year's Day, President's Day, Decoration Day, Independence
Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day.
VACATION PAY CREDIT:
Workers working or receiving pay for 80 days within a year receive one week paid vacation (48 hours); 125 days receive two weeks paid vacation (96 hours); 145 days receive 15 days paid vacation (120 hours); 15 years seniority and 145 days receive 4 weeks paid vacation (160 hours).
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between
January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive
Orde…
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