Solicitation - W912DS26BA020.pdf
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- Solicitation number
- W912DS26BA020
About this file
This is a Standard Form 1442 (Solicitation, Offer, and Award) for construction services at McGuire Air Force Base in Burlington County, New Jersey.
The U.S. Army Corps of Engineers, New York District, is soliciting sealed bids for the Hot Cargo Loading Area (HCLA) project, solicitation number W912DS26BA020. The acquisition is 100% unrestricted full and open competitive with HubZone price evaluation preference. The NAICS code is 236220 (Construction of Other Commercial and Institutional Buildings) with a $45,000,000 size standard. Sealed bids are due no later than 2:00 PM EST on June 29, 2026, at the New York District Contracting Division, Room 16-300, 26 Federal Plaza, New York, NY 10278-0090. An organized site visit is scheduled for June 5, 2026, at 10:00 AM at McGuire AFB. The contractor must begin performance within 5 calendar days and complete all work within 720 calendar days after receiving notice to proceed. Performance and payment bonds are required within 10 calendar days of award. The project involves converting dual non-functioning hot cargo loading pads into one UFC-compliant HCLA pad, including airfield pavement (19.5 inches PCC), 50-foot asphalt shoulders for C-5 and 747 aircraft parking, taxiway construction with 25-foot shoulders, shoulder and exterior lighting, pavement markings, and a de-icing area with drainage and containment. The contract includes 8 base line items (CLINs 0001-0008) and 7 optional line items (CLINs 0009-0015) covering demolition, construction, contaminated soil and water disposal, soil procurement, and surrounding asphalt milling/overlay. The evaluation basis is the lowest responsive, responsible bid based on total amount for all base and optional items combined. Offers must remain valid for 120 calendar days after the bid due date. An offer guarantee equal to 20% of the bid price or $3,000,000 (whichever is less) is required. Bid opening will occur publicly at 2:00 PM EST on June 29, 2026.
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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
Hot Cargo Loading Area McGuire AFBInstrument Name:
PROJECT TITLE: Hot Cargo Loading Area McGuire AFB LOCATION: McGuire AFB, Burlington County, NJ, part of the Joint Base-MDL, New Jersey 1. THIS ACQUISITION IS 100% Unrestricted Full and Open Competitive with HubZone price evaluation preference 2. NAICS CODE: 236220, SIZE STANDARD: $45,000,000. 3. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available. 4. Submit Bids no later than 2:00PM EST on 29 June 2026 (or as amended) to: U.S. Army Corps of Engineers Attn:
Mohenda Surage 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 EST on the date of the bid opening.
Product Service Code : Y1BD
W912DS26BA020
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for the demolition of existing pad as described in the plans and specifications, inclusive of sampling and testing for contaminants/PFAS except for work included in items below Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
0002 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for construction of new pad inclusive of taxiway, shoulders (including edge lights) and de-icing area as described in plans and specifications except for work included in items below.
Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
0003 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for construction of site work outside of the pad, including fencing, storage area, high mast lighting, grading as described in plans and specifications except for work included in items below.
Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
0004 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and
100,000 Gallon material) for onsite treatment and disposal of contaminated Hazardous, and/or contaminated with PFAS ground water. (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
0005 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for disposal of contaminated soil (non-hazardous). (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
500 Cubic Yard
0006 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for disposal of contaminated soil (Hazardous). (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
500 Cubic Yard
0007 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for disposal of contaminated soil (PFAS). (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
500 Cubic Yard
0008 Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for procurement and delivery of satisfactory soil. (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1,500 Cubic Yard
Option Line
Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and
500 Cubic Yard
Item material) for disposal of additional contaminated soil (petroleum based).
(Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
Option Line Item
Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for disposal of additional contaminated soil (petroleum based).
(Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
500 Cubic Yard
Option Line Item
Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for disposal of additional contaminated soil (petroleum based).
(Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
500 Cubic Yard
Option Line Item
Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for onsite treatment and disposal of contaminated Hazardous, and/or contaminated with PFAS ground water. (Estimated Quantities) Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
10,000 Gallon
Option Line Item
Construction Hot Cargo Loading Area:
All work (includes all plant, labor, and material) for milling and overlay of surrounding asphalt pad as noted on Drawings CD101 & CP101 Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Access delays during concrete production placement. Estimated quantities are 25 hours. See note 7 below Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Access delays other than during concrete production placement.
Estimated quantities are 75 hours. See note 7 below.
Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price
1 Job
1.
2.
3.
4.
5.
6.
7.
Section 00 20 00 - Instructions for Procurements
TOTAL BASE CLINS 0001 thru 0008 $_______________
TOTAL OPTION CLINS 0009 thru 0015 $_______________
TOTAL BASE PLUS OPTION CLINS 0001 thru 0015 $____________________
NOTES:
Prices must be entered for all line items on the Pricing Schedule. Total amount prices submitted without prices for individual line items will not be evaluated. Additions will be subject to verification by the Government.
Optional Items 0009 thru 0013, may be exercised at the discretion of the government within 520 days, Optional Items 0014 and/or 0015, may be exercised at the discretion of the government at any time during the construction duration. Execution of the optional items will NOT extend the construction contract duration.
Bidders are required to bid on all the Base Bid and all the Optional Bid Items or their bids will be rejected.
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, thereto, may render the bid non-responsive and be cause for its rejection.
The Basis of Evaluation will be the lowest responsive, responsible bid based on the Total Amount for the Base Bid Items plus the Optional Bid Items (Line Items 0001 thru 0015).
The Bid Acceptance Period is as stated on Standard Form 1442.
Access Delays. Access Delays under Items 0014 and 0015 - Measure and pay for each half hour that the entire on-site scheduled workforce on any particular workday is unexpectedly delayed, or prevented from accessing the project site due to an Air Force decision to shut down the site and upon written communication from the base Airfield Manager to USACE COR. The Contractor's superintendent shall notify the Contracting Officer's on-site representative within twenty-four hours
(24) of said shutdown. This item will be paid based on a half-hour of work basis. All partial half hours for a notified delay will be rounded up to the next half-hour increment. These access delays described above apply to Items 0001, 0002, 0003 and 0013.
*** END OF NARRATIVE ***
Section 00 21 00 - Instructions
Offerors are urged and expected to inspect the site where the work will be performed.
An organized site visit has been scheduled for--
Friday 5 June 2026, at 10AM
Participants will meet at--
Persons attending the site visit should arrive at the Main Visitor Center at McGuire expect delays in obtaining a pass. Plan on arriving at least 1.5 hours ahead of time to obtain the necessary base access card, unless already have base access proceed to meeting location.
Meeting location: Bldg 1731 (Fire Station) along Vandenberg Ave.
Time of meeting: 1000hr - will proceed from there to the project location.
The POC for submission of information for base access will be, BASSEM ATTALLA bassem.
attalla@us.af.mil Persons will be required to provide the following information by close of business on June 3 to assist in getting thru onto the installation. Project location is on rd the airfield in secure location, folks arriving late to the visit be accommodated.WILL NOT
Name
SSN#
DOB
Valid drivers License and registration if driving in will be required.
*** END OF NARRATIVE ***
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- 2026-02
W912DS26BA020
mailto:bassem.attalla@us.af.mil mailto:bassem.attalla@us.af.mil
52.214-3 2026-02
52.214-4 1984-04
52.214-5 2026-02
52.214-6 1984-04
52.214-7 2026-02
52.214-12 1984-04
52.214-20 2002-04
52.214-34 1991-04
52.214-35 1991-04
52.225-12 2014-05
52.233-2
Registration. (Deviation 2026- O0038)
Amendments to Invitations for Bids. (Deviation 2026-O0038)
False Statements in Bids.
Submission of Bids. (Deviation 2026-O0038)
Explanation to Prospective Bidders.
Late Submissions, Modifications, and Withdrawals of Bids.
(Deviation 2026-O0038)
Preparation of Bids.
Bid Samples.
Submission of Offers in the English Language.
Submission of Offers in U.S.
Currency.
Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
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
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.216-1 Type of Contract. (Deviation 2026-O0038)
2026-02
Type of Contract (Feb 2026) (Deviation 2026-O0038)
The Government contemplates award of a contract resulting from this Firm Fixed Price solicitation.
(End of provision)
52.228-1 Bid Guarantee. 1996-09
Bid Guarantee (Sept 1996)
Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening(a) of bids, may be cause for rejection of the bid.
The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond(b) e.g., supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-
To unsuccessful bidders as soon as practicable after the opening of bids; and(1)
To the successful bidder upon execution of contractual documents and bonds (including any(2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
The amount of the bid guarantee shall be percent of the bid price or $ ,(c) 20 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) (48 CFR Chapter 2)) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
Section 00 21 13 - Instructions to Bidders
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 that supports the completion, distribution, and retrieval of all contract performance evaluations. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/
BONDS
The Standard Form ((SF25A) revised for these October 2023) ((SF24, SF25 revised 8/2016) bonds. 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 than3business days after the initialcontract award." *When contracts are with individuals, the individuals will be required to complete aForm1-9, Employment Eligibility Verification, with the designated Government representative.This Form will be providedto 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 Mohenda Surage (917)940-8013. Bids are due no later than 29 June 2026 at 2:00 P.M.
EST
Bid opening will happen on 29 June 2026 at 2:00 P.M. EST
NOTE: If dropping bids off in person, please advise via email to Mohenda.R.Surage@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.
W912DS26BA020
https://www.cpars.gov/
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 ,367426530#
Bidders 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.
*** END OF NARRATIVE ***
Section 00 45 00 - Representations and Certifications
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
52.223-1 Biobased Product Certification.
(Deviation 2026-O0038)
2026-02
52.223-4 Recovered Material Certification. 2008-05
DFARS Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding 2022-05
Business Operations with the Maduro Regime.
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
FAR Provisions Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-2 Certificate of Independent Price Determination.
1985-04
Certificate of Independent Price Determination (Apr 1985)
(a) The offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or
(2)
(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)
(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
52.209-7 Information Regarding Responsibility Matters.
(Deviation 2026-O0038)
2026-02
Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(Deviation 2026-O0038)
2026-02
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2026) (Deviation 2026-O0038)
(a) The Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
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- O0038)
2026-02
Equal Low Bids (Feb 2026) (Deviation 2026-O0038)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
DFARS Provisions Incorporated by Full Text
Number Title Effective 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.
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".
(c) Representation. The Offeror represents that it [ ] does, [ ] 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.
(End of provision)
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).
(End of provision)
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- O0038)
2026-02
Section 00 72 00 - General Conditions
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.202-1 Definitions. 2020-06
52.203-3 Gratuities. 1984-04
52.203-5 Covenant Against Contingent Fees.
2014-05
52.203-6 Restrictions on Subcontractor Sales to the Government.
2020-06
52.203-7 Anti-Kickback Procedures. 2020-06
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.
2014-05
52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
2020-06
52.203-13 Contractor Code of Business Ethics and Conduct.
2021-11
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-9 Personal Identity Verification of Contractor Personnel.
2011-01
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)
2026-02
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.210-1 Market Research. (Deviation 2026-O0038)
2026-02
52.211-13 Time Extensions. 2000-09
52.214-18 Preparation of Bids-Construction. 1984-04
52.214-19 Contract Award-Sealed Bidding- Construction.
1996-08
52.214-26 Audit and Records-Sealed Bidding. (Deviation 2026-O0038)
2026-02
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding.
2020-06
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications- Sealed Bidding. (Deviation 2026- O0038)
2026-02
52.214-29 Order of Precedence-Sealed 1986-01
Bidding.
52.215-15 Pension Adjustments and Asset Reversions. (Deviation 2026- O0038)
2026-02
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
(Deviation 2026-O0038)
2026-02
52.215-19 Notification of Ownership Changes. (Deviation 2026- O0038)
2026-02
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Deviation 2026-O0038)
2026-02
52.222-1 Notice to the Government of Labor Disputes. (Deviation 2026- O0038)
2026-02
52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation. (Deviation 2026- O0038)
2026-02
52.222-6 Construction Wage Rate Requirements. (Deviation 2026- O0038)
2026-02
52.222-8 Payrolls and Basic Records.
(Deviation 2026-O0038)
2026-02
52.222-9 Apprentices and Trainees.
(Deviation 2026-O0038)
2026-02
52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026- O0038)
2026-02
52.222-11 Subcontracts (Labor Standards).
(Deviation 2026-O0038)
2026-02
52.222-12 Contract Termination-Debarment. 2014-05
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
2014-05
52.222-14 Disputes Concerning Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-15 Certification of Eligibility. 2014-05
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
(Deviation 2026-O0038)
2026-03
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination 2026-04 by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026- O0038)
2026-02
52.223-5 Pollution Prevention and Right-to- Know Information.
2024-05
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.224-3 Privacy Training. 2017-01
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.227-1 Authorization and Consent. 2020-06
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.
2020-06
52.227-4 Patent Indemnity-Construction Contracts.
2007-12
52.228-2 Additional Bond Security. 1997-10
52.228-5 Insurance-Work on a Government Installation.
1997-01
52.228-11 Individual Surety-Pledge of Assets.
2021-02
52.228-12 Prospective Subcontractor Requests for Bonds.
2022-12
52.228-14 Irrevocable Letter of Credit. 2014-11
52.228-15 Performance and Payment Bonds-Construction.
2020-06
52.229-3 Federal, State, and Local Taxes. 2013-02
52.232-8 Discounts for Prompt Payment. 2002-02
52.232-15 Progress Payments Not Included. 1984-04
52.232-17 Interest. 2014-05
52.232-18 Availability of Funds. 1984-04
52.232-23 Assignment of Claims. 2014-05
52.232-27 Prompt Payment for Construction Contracts.
2017-01
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-39 Unenforceability of Unauthorized Obligations.
2013-06
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-1 Disputes. (Deviation 2026- O0038)
2026-02
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.236-2 Differing Site Conditions.
(Deviation 2026-O0038)
2026-02
52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038)
2026-02
52.236-5 Material and Workmanship.
(Deviation 2026-O0038)
2026-02
52.236-7 Permits and Responsibilities.
(Deviation 2026-O0038)
2026-02
52.236-8 Other Contracts. (Deviation 2026- O0038)
2026-02
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)
2026-02
52.236-10 Operations and Storage Areas.
(Deviation 2026-O0038)
2026-02
52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)
2026-02
52.236-13 Accident Prevention. (Deviation 2026-O0038)
2026-02
52.236-14 Availability and Use of Utility Services. (Deviation 2026-O0038)
2026-02
52.236-15 Schedules for Construction Contracts. (Deviation 2026- O0038)
2026-02
52.236-16 Quantity Surveys. (Deviation 2026-02
2026-O0038)
52.236-17 Layout of Work. (Deviation 2026- O0038)
2026-02
52.242-13 Bankruptcy. 1995-07
52.242-14 Suspension of Work. 1984-04
52.243-4 Changes. (Deviation 2026- O0038)
2026-02
52.243-5 Changes and Changed Conditions. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
52.246-12 Inspection of Construction. 1996-08
52.246-21 Warranty of Construction. 1994-03
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).
1984-04
52.249-2 Termination for Convenience of the Government (Fixed-Price).
(Alternate I)
2012-04 Alternate I 1996-09
52.249-10 Default (Fixed-Price Construction).
1984-04
52.253-1 Computer Generated Forms.
(Deviation 2026-O0038)
2026-02
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.
2023-01
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
2022-12
252.203-7003 Agency Office of the Inspector General.
2019-08
252.203-7004 Display of Hotline Posters. 2023-01
252.204-7000 Disclosure of Information. 2016-10
252.204-7003 Control of Government Personnel Work Product.
1992-04
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
2023-01
252.204-7018 Prohibition on the Acquisition of 2023-01
Covered Defense Telecommunications Equipment or Services.
252.204-7020 NIST SP 800-171 DoD Assessment Requirements.
2023-11
252.205-7000 Provision of Information to Cooperative Agreement Holders.
2024-10
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
2023-01
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
2014-09
252.223-7008 Prohibition of Hexavalent Chromium.
2023-01
252.225-7008 Restriction on Acquisition of Specialty Metals.
2013-03
252.225-7012 Preference for Certain Domestic Commodities.
2022-04
252.225-7048 Export-Controlled Items. 2013-06
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang
2023-06
Uyghur Autonomous Region.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7004 DoD Progress Payment Rates. 2014-10
252.232-7010 Levies on Contract Payments. 2006-12
252.236-7000 Modification Proposals--Price Breakdown.
1991-12
252.236-7007 Additive or Deductive Items. 1991-12
252.236-7008 Contract Prices--Bidding Schedules.
1991-12
252.243-7001 Pricing of…
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