Solicitation - W912DS26BA024.pdf
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- Solicitation number
- W912DS26BA024
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Solicitation Summary: Sea Bright to Manasquan, New Jersey FY 26 Renourishment
This document is a Solicitation, Offer, and Award (Standard Form 1442) for a fixed-price construction contract for coastal beach renourishment work. The U.S. Army Corps of Engineers, New York District is seeking a contractor to perform maintenance renourishment that provides coastal storm risk management through the construction of a beach berm in Sea Bright, Monmouth Beach, and Long Branch in Monmouth County, New Jersey. The solicitation number is W912DS26BA024, and the project number is A045648. Bids are due by 2:00 PM EST on August 25, 2026, with a bid opening at that same time and location. The contracting officer is Orlando Nieves (orlando.nieves@usace.army.mil, 917-790-8078).
The contract consists of four primary line items with three optional items: mobilization/demobilization (1 job), hydraulic beach fill of 595,000 cubic yards (estimated quantities), final record drawings (pre-priced at $100,000), and vibration monitoring (1 job). Optional work includes Sea Bright North (0 yards), Sea Bright South (288,000 cubic yards), and Long Branch (155,000 cubic yards). The government may exercise options within 90 days of notice to proceed, with performance beginning within 5 calendar days after notice to proceed and completion required within 250 calendar days. The project magnitude is between $50,000,000 and $100,000,000. This is 100% unrestricted full and open competition with HUBZone price evaluation preference under NAICS code 237990 (size standard $37,000,000). A Project Labor Agreement must be submitted by the apparent successful offeror before contract award per Executive Order 14063. Performance and payment bonds are required within 10 calendar days of award. The bid guarantee is 20% of bid price or $3,000,000, whichever is less. Offers must provide at least 120 calendar days for government acceptance. Liquidated damages are $2,974.00 per day (first tier) and $744.00 per day (second tier) for delays. All work must be completed prior to March 2027 environmental window.
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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
Patrick.Ferguson Line
Patrick.Ferguson Line
Section 00 00 00 - Procurement and Contracting Requirements
Sea Bright to Manasquan, New Jersey FY 26 RenourishmentInstrument Name:
1. 100% UNRESTRICTED FULL AND OPEN COMPETITION WITH HUBZONE PRICE
EVALUATION PREFERENCE. 2. NAICS CODE 237990, SIZE STANDARD $37,000,000.00. 3.
PROJECT MAGNITUDE RANGE: Between $50,000,000.00 and $100,000,000.00 4. SUBMIT BIDS NO LATER THAN 2:00 PM EST ON 25 Aug 2026 TO: U.S. ARMY CORPS OF ENGINEERS
NEW YORK DISTRICT, CONTRACTING DIVISION 26 FEDERAL PLAZA, ROOM 16-300 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 2:00 PM EST ON THE DATE OF THE BID OPENING. 5. CONTRACT SPECIALIST IS
ORLANDO NIEVES, ORLANDO.NIEVES@USACE.ARMY.MIL 6. A PROJECT LABOR
AGREEMENT MUST BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR BEFORE
CONTRACT AWARD! This project is subject to the Project Labor Agreement (PLA) requirements of Executive Order 14063. See FAR provision 52.222-33, Alt 1, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract
Product Service Code : Y1KF
W912DS26BA024
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 Mobilization & Demobilization .
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
1 Job
0002 Hydraulic Beach Fill. Estimated Quantities.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
595,00
Cubic Yard
0003 Final Record Drawings. Line item 0003 is pre-priced at $100,000 and this price shown may not be changed.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
1 Job
0004 Vibration Monitoring.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
1 Job
Option 348,00 Cubic
Line Item
Option 1 - Hydraulic Beach Fill Sea Bright North (STA5+50 to STA66+00). The government may exercise options within 90 days of NTP. Estimated Quantities.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
0 Yard
Option Line Item
Option 2 - Hydraulic Beach Fill Sea Bright South (STA101+50 to STA188+00). The government may exercise options within 90 days of NTP. Estimated Quantities.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
288,00
Cubic Yard
Option Line Item
Option 3 - Hydraulic Beach Fill Long Branch (STA320+00 to STA344+50+00). The government may exercise options within 90 days of NTP. Estimated Quantities.
Product Service Code: Y1KF
Pricing Arrangement: Firm Fixed Price
155,00
Cubic Yard
Section 00 20 00 - Instructions for Procurements
TOTAL BASE BID (CLINs 0001 THRU 0004)...............$ ___________________
TOTAL OPTION BID (CLINs 0005 THRU 0007) .........$ ___________________
TOTAL BID (CLINs 0001 THRU 0007)..........................$ ___________________
NOTES TO BIDDERS:
NOTE 1. Materially unbalanced bids will be rejected. An unbalanced bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.
NOTE 2. The bidders are required to bid on all items or their bid will be rejected.
NOTE 3. The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid and Optional Bid items.
NOTE 4. Line item 0003 is pre-priced at $100,000 and this price shown may not be changed. See Section 01 78 00 for Final Record Drawing definition and requirement.
NOTE 5. The Bid Acceptance Period is as stated on Standard Form 1442.
NOTE 6. Tapering is included in the items and exact locations are on the plan sheets.
NOTE 7. The government may exercise options within 90 days of NTP. Option work for Item Numbers 0005-0007 (options 1, 2, 3), if exercised, will add additional days to contract duration. For Item Number 0005 Option 1 Sea Bright North, 43 days will be added if option is exercised. For Item Number 0006 Option 2 Sea Bright South, 39 days will be added if option is exercised. For Item Number 0007 Option 3 Long Branch, 27 days will be added if option is exercised. All work must be completed prior to March 2027 environmental window.
NOTE 8. The Government is under no obligation to exercise/award any option.
*** END OF NARRATIVE ***
Section 00 21 00 - Instructions
52.233-2 Service of Protest. (Sep 2006)
Service of Protest (Sept 2006)
(a) Protests, as defined in section of the Federal Regulation, that are filed directly with an 33.101 Acquisition agency, and copies of any protests that are filed with the Government Accountability Office (GAO), be shall served on the (addressed as follows) by obtaining written and dated acknowledgment of Contracting Officer receipt from:
US Army Corps of Engineers
Mr. Francis Cashman, District Contracting Chief
26 Federal Plaza, Room 16-300
New York N.Y. 10278 francis.Cashman@usace.army.mil
(b) The copy of any protest be received in the office designated above within oneday of filing a protest with shall the GAO.
(End of provision)
*** END OF NARRATIVE ***
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)
2026-02
52.214-4 False Statements in Bids. 1984-04
52.214-5 Submission of Bids. (Deviation 2026-O0038)
2026-02
W912DS26BA024
https://www.acquisition.gov/far/33.101#FAR_33_101
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
52.214-35 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
52.233-2 Service of Protest. (Deviation 2026-O0038)
2026-02
DFARS Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
2023-01
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.216-1 Type of Contract. (Deviation 2026-O0038)
2026-02
Type of Contract (Feb 2026) (Deviation 2026-O0038)
The Government contemplates award of a 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 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/far
(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 (48 CFR Chapter 2) provision with an authorized deviation (b) 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) . After initial submission of offers, if the Contracting Cost or pricing data requirements 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) . If the Offeror is the Canadian Commercial Canadian Commercial Corporation 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) . Unless the Offeror is the Canadian Commercial Corporation, the Offeror Subcontracts 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 October 2023, when including your bid/offer, contractors/sureties shall use the revised versions.
No other version will be valid and thus may render your bid/offer nonresponsive.
E VERIFY - "The Contractor must pre-screen Candidates using the E-Verify Program (http://www.
uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.
- Contractors are required to deliver Bids to 26 Federal Plaza BID SUBMISSION INSTRUCTIONS room 16-300 the designated recipient of bids is Nicholas Emanuel (917) 790-8069. Bids are due no later than 25 Aug 2026 at 2:00 P.M. Bid opening will happen on 25 Aug 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
+1-601-262-2433, United States
Phone conference ID: 852 493 889#
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 WWW.Sam.Gov website.
ADDITIONAL INSTRUCTIONS
Potential Bidders are reminded that only the minimum documents are required for bid submission:
1. Signed 1442.
2. Acknowledged amendments.
3. Filled out bid schedule and totals.
4. Bid Guarantee.
5. Any reps and certs and any fill ins.
*** END OF NARRATIVE ***
Section 00 22 13 - Supplementary Instructions to Bidders
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)
*** END OF NARRATIVE ***
Section 00 45 00 - Representations and Certifications
52.204-8 Annual Representations and Certifications.
As prescribed in 4.1202(a), insert the following provision:
Annual Representations and Certifications (Mar 2026)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is .237990
(2) The small business size standard is .$37,000,000.00
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (d) applies.
(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;
or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $200,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223- 2, Reporting of Biobased Products Under Service and Construction Contracts. (xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the provision at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225- 1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $105,767, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.
This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.
This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
___(i) 52.204-17, Ownership or Control of Offeror.
___(ii) 52.204-20, Predecessor of Offeror.
___(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
___(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
___(vi) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause 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 Clause # Title Date Change ________________________
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
*** END OF NARRATIVE ***
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
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)
2021-02
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to 2022-09
Compensation of Former DoD Officials.
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
FAR Provisions Incorporated by Full Text
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)
Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
DFARS Provisions Incorporated by Full Text
Number Title Effective Alternate Variation
Date Deviation 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.
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
52.222-33 Notice of Requirement for Project Labor Agreement. (Deviation 2026-O0038) (Alternate I)
2026-02 Alternate I 2026-02
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)
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 Five (5) calendar days 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 250 calendar days. *The time stated for completion shall include final cleanup of the premises.
(End of condition)
*** END OF NARRATIVE ***
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 2014-05
Recovery of Funds for Illegal or Improper Activity.
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
52.204-10 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
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)
2026-02
52.209-9 Updates of Publicly Available Information Regarding
2026-02
Responsibility Matters.
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
52.214-18 Preparation of Bids-Construction. 1984-04
52.214-19 Contract Award-Sealed Bidding- Construction.
1996-08
52.214-29 Order of Precedence-Sealed Bidding.
1986-01
52.219-8 Utilization of Small Business Concerns.
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