Solicitation W912P826BA072 Package 5.18.26.pdf
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- Solicitation number
- W912P8-B-A072
About this file
This is a sealed bid Invitation for Bid (IFB) solicitation for maintenance dredging services issued by the U.S. Army Corps of Engineers, New Orleans District. The solicitation (W912P826BA072, previously W912P8-26-B-A015) seeks removal of shoal material from the Wax Lake Outlet approach channels to the East and West Calumet Floodgates located in St. Mary Parish, Louisiana, with disposal of dredged materials into the Wax Lake Outlet channel below the -35' contour. The work is estimated at 15,000 cubic yards of dredging with a contract value between $500,000 and $1,000,000. This is a Total Small Business Set-Aside procurement under NAICS code 237990 (dredging services). Bids were due June 23, 2026 at 10:00 AM Local Time with public opening at 11:00 AM Local Time. The contract is firm fixed price with two line items: Mobilization and Demobilization (1 job) and Dredging (15,000 cubic yards). The contractor must commence work within 10 calendar days of receiving the Notice to Proceed and complete all work within 40 calendar days. Performance and payment bonds are required within 3 calendar days after award. Liquidated damages are assessed at $4,545.00 per calendar day for delays beyond the completion deadline.
The solicitation incorporates standard FAR and DFARS clauses including Buy American requirements for construction materials, labor standards and wage rate requirements, and various compliance and safety provisions. Contractors must register in the System for Award Management (SAM.gov) prior to bid submission and submit representations and certifications including Certificate of Independent Price Determination. A bid guarantee of 20 percent of the bid price or $3,000,000, whichever is less, is required. Technical inquiries were due May 27, 2026 at 2:00 PM Central Time via ProjNet bidder inquiry system. All work must be performed in accordance with EM 385-1-1 Corps of Engineers Safety and Health Requirements Manual (dated March 15, 2024). The Contracting Officer is Nakiea B. Butler, and the Contract Specialist is Francesca E. DeBoer of the U.S. Army Corps of Engineers, New Orleans District.
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ED 26-005
IFB NO. W912P826BA072
Previously W912P8-26-B-A015
US Army Corps of Engineers New Orleans District
Bayou Teche
East and West Calumet Floodgate Approach Channels, Maintenance Dredging
St. Mary Parish, Louisiana
Construction Solicitation and Specifications
May 2026
DEPARTMENT OF THE ARMY
7400 LEAKE AVENUE
NEW ORLEANS, LA 70118-3651
ED 26-005
REPLY TO
ATTENTION OF
May 2026
SOLICITATION: W912P826BA072 (previously W912P826BA015)
FOR:
Bayou Teche, East and West Calumet Floodgates, Approach Channels, Maintenance Dredging, St. Mary Parish, Louisiana
TO OPEN:
Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. As of April 4, 2022, the Federal Government has stopped using the DUNS Number as a unique identifier for entities and switched to a Unique Entity ID generated by SAM.gov. In addition, entities with DUNS Numbers but no SAM.gov registration have been able to get Unique Entity IDs without registering in SAM.gov since October 2021. NOTE: The DUNS Number is no longer used in SAM.gov, eSRS, FSRS, FPDS, CPARS, or FAPIIS.
BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS
SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS
IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)
DESCRIPTION AND MAGNITUDE OF WORK: The work consists of the removal of shoal material from within the Wax Lake Outlet approach channels to the East and West Calumet Floodgates, and satisfactory disposal of dredged materials into the Wax Lake Outlet channel below the -35’ contour.
CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time and for visitor background checks by MVN security when entering the installation at place of bid opening. Such delays DO NOT permit acceptance or consideration of late bids.
NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH
THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS
MANUAL", DATED 15 MARCH 2024.
ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete copy of their Online Representations and Certifications from SAM.gov with an expiration date on or after the date of award.
b2ctwfed Inserted Text
ALL INQUIRIES REGARDING THIS SOLICITATION
SHOULD BE MADE TO THE FOLLOWING:
U.S. Army Corps of Engineers, New Orleans District
NAKIEA B. BUTLER
Contracting Officer
Email: Nakiea.B.Butler@usace.army.mil
Phone: (504) 862-1772
AND/OR
FRANCESCA E. DEBOER
Contract Specialist
Email: Francesca.E.deBoer@usace.army.mil
Phone: (504) 862-1604
COLLECT CALLS NOT ACCEPTED.
For the most prompt response, submit all bidder inquiries through ProjNet in accordance with the solicitation instructions.
(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
W912P826BA072
W07V ENDIST N ORLEANS
KO CONTRACTING DIVISION, 7400 LEAKE AVE
NEW ORLEANS, LA 70118-3651
UNITED STATES
FRANCESCA DEBOER, EMAIL:
FRANCESCA.E.DEBOER@USACE.ARMY.MIL
TELEPHONE: (504) 862-1604
Bayou Teche, East and West Calumet Floodgates, Approach Channels, Maintenance Dredging, St. Mary Parish, Louisiana (ED 26-005)
This is a Small Business Set aside procurement.
DESCRIPTION AND MAGNITUDE OF WORK: The work consists of the removal of shoal material from within the Wax Lake Outlet approach channels to the East and West Calumet Floodgates, and satisfactory disposal of dredged materials into the Wax Lake Outlet channel below the -35’ contour.
The estimated value of this work is between $$500,000 AND $1,000,000.
Technical inquiries and/or questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NL T) Wednesday, May 27, 2026, 2:00 PM Central Time (CST).
W07V ENDIST NEW ORLEANS
KO CONTRACTING DIVISION, 7400 LEAKE AVE
NEW ORLEANS, LA 70118-3651
UNITED STATES
Francesca DeBoer 504-862-1604
ED 26-005
1 7405/18/2026
6/16/2026
11:00 AM
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 Instrument Name: East and West Calumet Floodgate Approach Channels Maintenance Dredging, St. Mary Parish, LA (ED-26-005)
This procurement is anticipated to be issued as a Total Small Business Set-Aside. The applicable North American Industry Classification System (NAICS) code is 237990. The magnitude of construction is between $500,000 and $1,000,000. Payment and Performance bonds required within 3 calendar days after Award.
Product Service Code : Y1PZ
W912P826BA072
Section 00 01 10 - Table of Contents
Please include the table of contents document by full text for this solicitation.
*** END OF NARRATIVE ***
Bayou Teche East and West Calumet Floodgates
Approach Channels, Maintenance Dredging St. Mary Parish, Louisiana
PTC-i ED 26-005
PROJECT TABLE OF CONTENTS
Division 00 – PROCUREMENT AND CONTRACT REQUIREMENTS
Solicitation, Offer and Award (SF-1442)
00010 Bidding Schedule
00100 Instructions to Bidders
00600 Representations and Certifications
00700 Contract Clauses
Division 01 - GENERAL REQUIREMENTS
01100 General Provisions
01 32 01.00 12 Project Schedule
01 33 00 Submittal Procedures
01 35 26 Governmental Safety Requirements
01 42 00 Sources for Reference Publications
01 45 00.15 10 Resident Management System Contractor Mode (RMS CM)
01 45 04.00 10 Contractor Quality Control
01 57 20.01 12 Environmental Protection
01 78 03.00 10 Closeout Submittals
Division 02 – EXISTING CONDITIONS
02 21 10.00 12 Surveys
Bayou Teche East and West Calumet Floodgates
Approach Channels, Maintenance Dredging St. Mary Parish, Louisiana
PTC-ii ED 26-005
Division 35 – WATERWAY AND MARINE CONSTRUCTION
35 20 23.00 12 Dredging
35 20 23.33 National Dredging Quality Management Program
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
SECTION 00010 - BIDDING SCHEDULE
Bayou Teche
East and West Calumet Floodgates
Approach Channels, Maintenance Dredging
St. Mary Parish, Louisiana
Item DESCRIPTION Estimated Quantity
Unit Unit Price Estimated Amount
0001 Mobilization and Demobilization
1 JOB
0002 Dredging 15,000 CY
TOTAL: $
Award will be made as a whole to one bidder.
NOTE 1: The unit " " as used in this Bidding Schedule is synonymous with the term " JOB Lump Sum " used elsewhere within these plans and specifications
NOTE 2: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price.
If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity.
IF A BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED
AMOUNT FOR ANY ITEM, ITS BID SHALL BE DECLARED NON-RESPONSIVE AND
THEREFORE INELIGIBLE FOR AWARD.
NOTE 3: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (See ).FAR 14.404-2
NOTE 4: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within 24 hours after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.
*** END OF NARRATIVE ***
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Mobilization and Demobilization Product Service Code: Y1PZ Pricing Arrangement: Firm Fixed Price
1 Job
0002 Dredging Product Service Code: Y1KF Pricing Arrangement: Firm Fixed Price
15,000 Cubic Yard
Section 00 21 00 - Instructions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)
2026-02
52.214-4 False Statements in Bids. 1984-04
52.214-5 Submission of Bids. (Deviation 2026-O0038)
2026-02
52.214-6 Explanation to Prospective Bidders.
1984-04
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
(Deviation 2026-O0038)
2026-02
52.214-34 Submission of Offers in the English Language.
1991-04
52.214-35 Submission of Offers in U.S.
Currency.
1991-04
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)
2026-02
52.225-10 Notice of Buy American Requirement-Construction
2014-05
Materials.
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
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 firm fixed price contract resulting from this solicitation.
(End of provision)
52.228-1 Bid Guarantee. 1996-09
Bid Guarantee (Sept 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond 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-
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be twenty percent (20%)of the bid price or $3,000,000.00, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period 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.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of 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):
7400 Leake Avenue
New Orleans, LA 70118
(End of provision)
52.252-3 Alterations in Solicitation. 1984-04
Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
(End of clause)
52.252-5 Authorized Deviations in Provisions.
2020-11
Authorized Deviations in Provisions (Nov 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
DFARS Provisions Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
1991-12
AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,
DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC
1991)
The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:
7400 Leake Avenue New Orleans LA 70118
(End of provision)
252.215-7012 Requirements for Submission of Proposals via Electronic Media.
2018-01
REQUIREMENTS FOR SUBMISSION OF PROPOSALS VIA ELECTRONIC MEDIA (JAN
2018)
The Offeror shall submit the cost portion of the proposal via the following electronic media:election mail.
(End of provision)
Section 00 21 13 - Instructions to Bidders
Appendix A: Example Instructions to Bidders
QUESTION AND ANSWER VIA PROJNET ALL SUBMITTED QUESTIONS FOR THIS PROJECT
AND THE ANSWERS PROVIDED SHALL BE VIEWED IN BIDDER INQUIRY IN PROJNET AT
(https://www.projnet.org)
Technical inquiries and/or questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NL T) Wednesday, May 27, 2026, 2:00 PM Central Time (CST). To submit or review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.
Emailed inquiries and/or questions will not be accepted. A prospective vendor who submits comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.
The Bidder Inquiry Key is: ZRES3A-X379J3
Specific Instructions for First Time ProjNet Bid Inquiry Access:
1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
2. Identify the Agency. This should be marked as USACE.
3. Key. Enter the Bidder Inquiry Key listed above.
4. Email. Enter the email address you would like to use for communication.
5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.
6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Bid Inquiry Access:
1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
3. Identify the Agency. This should be marked as USACE.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Email. Enter the email address you used to register previously in ProjNet.
6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
*** END OF NARRATIVE ***
Section 00 43 00 - Bid Bond Form
Please include the Bid Bond document as a full attachment in this solicitation.
*** 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
52.229-12 Tax on Certain Foreign Procurements.
2021-02
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
2016-10
Controls.
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
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)
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)
52.209-13 Violation of Arms Control Treaties or Agreements- Certification. (Deviation 2026- O0038)
2026-02
Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026-
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
[ ] (1) The Offeror certifies that-
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.
2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
[ ] (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there.
Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless-
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has
(i) Waived application under 22 U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(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
St. Mary Parish, LA
(End of provision)
52.219-2 Equal Low Bids. (Deviation 2026-
Equal Low Bids (Feb 2026) (Deviation 2026-O0038)
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7017 Prohibition on the Acquisition of Covered Defense
2021-05
Telecommunications Equipment or Services-Representation.
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).
00700Inserts-a ED 26-005
Section Table of Contents
SECTION 00700 - CONTRACT CLAUSE INSERTS
1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 1
2. LIQUIDATED DAMAGES 1
3. CONTRACT DRAWINGS AND SPECIFICATIONS 1
4. PHYSICAL DATA 2
5. LAYOUT OF WORK 4
6. QUANTITY SURVEYS 4
7. OBSTRUCTION OF NAVIGABLE WATERWAYS 5
8. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION 5
9. PERFORMANCE OF WORK BY CONTRACTOR 6
10 SCHEDULES FOR CONSTRUCTION CONTRACTS 6
00700Inserts-1 ED 26-005
SECTION 00700 - CONTRACT CLAUSE INSERTS
1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(FAR 52.211-10 - 1984 APR)
The Contractor shall be required to
(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,
(b) Prosecute the work diligently, and
(c) Complete the entire work not later than 40 calendar days after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
NOTE: The term “work” referenced in subparagraph (a) above includes tasks such as submission of submittals, performance of preliminary and/or BD surveys, disposal surveys, and does not have to be dredging.
2. LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,545.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001 –AUG
2000)
(a) The Government will provide to the Contractor, without charge, one (1) set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall --
(1) Check all drawings furnished immediately upon receipt;
00700Inserts-2 ED 26-005
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general --
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications. Any such omissions shall be brought to the immediate attention of the Contracting Officer.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
Bayou Teche, H-16-48785 G-01 thru G-02 East and West Calumet Floodgates C-01 thru C-03 Approach Channels Maintenance Dredging St. Mary Parish, Louisiana
4. PHYSICAL DATA (FAR 52.236-4 - 1984 APR)
Data and information furnished or referred to below is for the Contractor's information.
The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.
(b) Weather Conditions. Data on weather conditions may be obtained from the National Weather Service.
00700Inserts-3 ED 26-005
(c) Transportation Facilities. Access to the worksite is available via U.S.
Highway 90 West to the East and West Calumet Floodgates. By water, it is accessible from the Wax Lake Outlet via the Atchafalaya River and Bayou Teche to the East Calumet structure.
(d) Condition of Channel. Although not an authorized navigation channel, depths within the Wax Lake Outlet channel is generally adequate for the movement of floating plant. However, the Contractor should verify the required dimensions. Cross sections and/or dredging history of the East and West Calumet approach channels are available for inspection at the Corps of Engineers District Office, New Orleans, LA
(e) Channel Traffic. Traffic in the channels consists of tugs, commercial fishing boats, oil field access, and small pleasure craft.
(f) Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor shall conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work, the Contractor shall promptly remove its plant, including ranges, buoys, piles and other markers placed by him/her under the contract in navigable water or on shore.
(g) Estimates of quantities involved in certain items of work for which bids are being solicited on a lump sum or job basis have been made for the use of the Government. Copies of these quantity estimates may be viewed or obtained by contacting the U.S. Army Engineer District, New Orleans, Corps of Engineers, Attention: Contracting Officer, CEMVN-CT-W, 7400 Leake Ave, New Orleans, Louisiana 70118-3651. It is expressly understood that the accuracy of these estimates is in no way warranted and that the furnishing of this information to a bidder will not relieve him of his responsibility to estimate the quantities involved.
(h) Real time stage hydrograph data of the Atchafalaya River Basin may be obtained from the New Orleans District website at:
https://www.mvn.usace.army.mil/Missions/Engineering/Stage-and-Hydrologic- Data/Bayou-Teche-Vermillion-River-Basin-Stages/
The specific gages are as follows:
Bayou Teche at West Calumet Floodgate, LA Bayou Teche at East Calumet Floodgate, LA
00700Inserts-4 ED 26-005
Historic hydrographic data provided does not constitute a prediction
5. LAYOUT OF WORK (FAR 52.236-17 - APR 1984)
The Contractor shall layout its work from the Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of replacement from any amounts due or to become due to the Contractor.
(End of Clause)
NOTE: For clarification purposes, the term “baselines and benchmarks” shall refer to “centerline and gage(s)” to be used in this contract for horizontal and vertical control respectively. Gages established by the Government shall be re-established by the contractor as deemed necessary in order to layout and control the work.
6. QUANTITY SURVEYS - ALTERNATE 1 (FAR 52.236-16 ALTERNATE 1 - 1984
APR)
(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.
(b) The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.
The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.
(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey, or to the layout of the work, to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.
00700Inserts-5 ED 26-005
NOTE: The word “Promptly” is defined as within three (3) calendar days.
7. OBSTRUCTION OF NAVIGABLE WATERWAYS (DFARS 252.236-7002 - DEC
91)
(a) The Contractor shall:
(1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;
(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and
(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.
(b) The Contracting Officer may:
(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and
(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or
(3) Recover the cost of removal under the Contractor's bond.
(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19 and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C.410 et.seq.).
8. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DFARS 252.236-
7004 - 1991 DEC)
(a) The Government will pay all costs for the…
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