Conformed Solicitation - W911S825BA012-0005.pdf

(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

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

Paving IDIQ - The guaranteed minimum amount is $10,000. The IDIQ max ceiling is $50,000,000

TECHNICAL EXHIBITS

Document Type Title # of Pages Date

Technical Exhibit A ELIN Bid Schedule 1 Tab - Excel doc 6 May 2025

Technical Exhibit B ELIN Description 53 28 Aug 2024

Technical Exhibit C SOW Rev2 23 16 June 2025

Technical Exhibit D Standards Plans Drawings 20 August 2018

Technical Exhibit E General Decision Number WD WA20250001 40 25 April 2025

Technical Exhibit F Specifications Table of Contents Rev1 2 4 June 2025

Technical Exhibit G Division 01 General Requirements 88 7 May 2025

Technical Exhibit H Division 02 Existing Conditions 123 April 2024

Technical Exhibit J Division 10 Specialties 8 February 2015

Technical Exhibit K Division 26 Electrical 103 April 2024

Technical Exhibit L Division 31 Earthwork 58 April 2024

W911S825BA0120005

Technical Exhibit M Division 32 Exterior Improvements 287 April 2024

Technical Exhibit N Division 33 Stormwater Utilities 45 April 2024

Technical Exhibit P Submittal Register 32 January 1996

Technical Exhibit Q WAWF Checklist 1 4 June 2025

Section 00 01 15 - List of Drawing Sheets

Identifier Attachment Name

Attachment Description Reference Identifier

Date Line Item

# Of Pages

Provided Under Separate Cover

Performance Work Statement

Performance Work Statement May

No

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Paving - Contractor shall furnish all labor, equipment, materials, transportation, and supervision in the performance of paving and incidental related work in accordance with the attached Statement of Work. Technical Exhibit A - ELIN Bid CLIN Schedule pricing shall include all transportation, equipment, labor, materials supervision, profit, and performance & payment bonds. PSC:

Z2LB

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-7 System for Award Management. Nov 2024 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-22 Alternative Line Item Proposal. Jan 2017 52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-12 Preparation of Bids. Apr 1984 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort. Oct 2009 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014 52.225-10 Notice of Buy American Requirement-Construction Materials. May 2014 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements. May 2014

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023

FAR Clauses Incorporated by Full Text

52.216-1 Type of Contract. (Apr 1984)

Type of Contract (Apr 1984)

The Government contemplates award of a contract resulting from this solicitation.Single Fixed Price Indefinite Delivery/ Indefinite Quantity (ID/IQ)

(End of provision)

52.228-1 Bid Guarantee. (Sep 1996)

Bid Guarantee (Sept 1996)

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.(a)

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond supported by good and sufficient surety or sureties (b) e.g., 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 necessary coinsurance or reinsurance agreements), as (2) required by the bid as accepted.

The amount of the bid guarantee shall be percent of the bid price or , whichever is less.(c) 20 $3,000,000

If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual (d) 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 acquiring the work that exceeds the amount of its bid, and the (e) bid guarantee is available to offset the difference.

(End of clause)

52.233-2 Service of Protest. (Sep 2006)

Service of Protest (Sept 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that (a) are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Angela Chaplinski Contracting Officer Installation Support Division (ISD) Mission & Installation

.Contracting Command (MICC) Bldg 2015, 4th and Pendleton Joint Base Lewis-McChord, WA 98433 Phone: Commercial: 520-714-8581 ________

The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(b)

(End of provision)

52.236-27 Site Visit (Construction). (Feb 1995)

Site Visit (Construction) (Feb 1995)

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any (a) contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Site visits may be arranged during normal duty hours by contacting:(b)

Name: kristen.d.carter6.civ@army.mil, Contract Specialist

Address: Bldg 2015 N. 4th Street, Room 214

Joint Base Lewis-McChord, WA 98433-9500

Telephone: 520-714-8391

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of provision)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

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 DoD FAR Supplement[insert regulation name](48 CFR Chapter2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

W911S825BA0120005

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/class_deviations.html

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer. (Dec 2022)

ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable ____[U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. POINT OF CONTACT (POC):

Ms. Kristen Carter, Contract Specialist Tel: 520-714-8291 Email: kristen.d.carter6.civ@army.mil

This procurement is a 100% competitive 8(a) set-aside acquisition.2. COMPETITION REQUIREMENTS:

These instructions are designed to ensure the submission of necessary information 3. BID PREPARTATION INSTRUCTIONS AND CONTENT:

to provide clear understanding and the comprehensive evaluation of bids. In the Sealed Bidding procedures, price will determine the "Apparent Low Bid" however, the submission of a low bid does not in and of itself determine responsibility of a bidder or a fair and reasonable price.

4. GENERAL INFORMATION:

(a) The basis of award for this requirement is price and price-related factors IAW FAR14.101(e). After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. Noncompliance with the Invitation for Bids (IFB) requirements may hamper the Government's ability to properly evaluate the bid and may be grounds to eliminate the bid from further consideration for contract award.

(b) Submission of the documentation specified below in paragraph 6, letters a-f, will constitute the Bidder's acceptance of the terms and conditions of the IFB, concurrence with the SOW and contract type.

(c) Instructions outlined in section 6 below prescribe the format for the bid submission and describe the approach for the development and presentation of bid data.

(d) If a Bidder believes that the requirements in these instructions contain an error, an ambiguity, omission or are otherwise deemed unsound, the Bidder shall immediately notify the Contracting Officer in writing with supporting rationale. The Bidder is reminded that the Government reserves the right to award this effort based on the bid, as received, without discussions.

(e) In accordance with FAR Subpart 4.8 - Government Contract Files, the Government will retain all copies of unsuccessful bids in the contract file.

(f) For your reference, the Sources Sought and Pre-solicitation Notice for this requirement are available on the Government Point of Entry, SAM at . Search for "Paving IDIQ at Joint Base Lewis McChord".https://sam.gov/

5. BID SUBMISSION INSTRUCTIONS:

(a) Bids shall be submitted no later than as identified on block 13 of the Standard Form(SF) 1442 to the 9:00 AM (PST) on Monday, 28 July 2025 Contracting Specialist (CS), Ms Kristen Carter.

(b) Bidders shall submit one (1) copy of their bid as follows: One(1) copy shall be submitted hard copy sealed bid via mail or in person.

(c) Hand delivered hard copy sealed bids will be accepted from date of solicitation up until time of bid opening, Monday, 28 July 2025, 9:00 AM

(PST).

(d) The mailing/delivery address for bid submission is as follows:

Missions and Installation Contracting Command

Attention: Ms Kristen D. Carter

Sol#: W911S8-25-B-A012, Paving IDIQ

Bldg 2015 4th Street

Room 214

Joint Base Lewis McChord, WA 98433-9500

W911S825BA0120005

https://sam.gov/

(e) Electronic and facsimile bids be accepted. will not

(f) Bidders must have an active registration in the System for Award Management (SAM) database (https://www.sam.gov).

(g) Any bid, modification, or revision, received after the exact time specified for receipt of bids will be considered late and will not be considered. Late bids will be processed as indicated in FAR Part 14.304.

(h) The CS is the sole point of contact for this procurement. Address all questions or concerns regarding this solicitation, in writing, to the CS. Please, identify the applicable Statement of Work (SOW) paragraph number or solicitation reference with each question. The deadline for requests for information (RFI) is Monday, 7 July 2025, 2 PM (PST).

(i) All bids must be clearly identified with the bidder's name and address & contain the following information:

Invitation for Bid No: W911S8-25-B-A012

Due Date of Bids: Monday, 28 July 2025 NLT 9:00 AM (PST)

Time that Bids will be opened: 9:00 AM (PST) on Monday, 28 July 2025

Title of Project: JBLM Paving IDIQ

6. BID PACKAGE CONTENT & PREPARATION INSTRUCTIONS: The Government requires one (1) copy of the hard copy sealed bid. A complete bid package shall include the following (items a-f):

(a) Cover Page. Cover page shall be on company letterhead and must contain the following: Bidder's UEI, CAGE code, Tax ID, Discount Terms (if any), physical address if different than mailing address, and authorized representative(s) who can obligate the company contractually, sign the bid, and sign other contract actions; include telephone number with area code and complete email address for each authorized representative. The letter must also acknowledge the acceptance period of 120 calendar days as stated in block 13 of the SF 1442 and must be dated and signed.

(b) Signed and completed SF 1442 along with any amendments. The SF1442 shall be submitted fully completed. The Bidder shall acknowledge any/all amendments to the IFB in accordance with the instructions on the SF1442. All Bidders are cautioned to complete blocks 20a-20c with an original signature in block 20b.

(c) Technical Exhibit A - ELIN Bid Schedule

i. Bidders shall submit a complete Bid Schedule. A unit price shall be inserted for each line item. Line item unit price shall include all proposed overheads and or profit. Represent all final monetary extensions in two (2) decimal positions only. Example $50.25 not $50.25431

ii. All extensions of the unit prices in the spreadsheets will be subject to verification by the Government. In case of a discrepancy between the unit price and the totals, the unit price will govern.

iii. Failure to submit a price for each line and/or subline item shall render your bid as non-responsive and ineligible for consideration and contract award. Additionally, bidders are instructed not to add pricing to the CLIN on the SF 1442. All pricing will be captured on Technical Exhibit A - ELIN Bid Schedule.

iv. A bidder's prices will be determined by adding all of the extended line items prices in the Technical Exhibit A Bid Schedule to determine the total evaluated price. The acquisition has one ordering period. On the anniversary of the contract award individual prices listed in Technical Exhibit A will be evaluated and adjusted based off of the current CCI for that period. The Bid Schedule will increase or decrease based upon that published factor.

(d) Letter from Bonding Company. The bidder shall provide a letter from a qualifying surety that validates the ability to provide bonding at the contract's program ceiling of $50,000,000.00. The winning bidder will provide actual performance and payment bonds after the issuance of each Task Order. The Government is not requesting actual performance or payment bonds at time of bid submission.

(e) Bid Bond Guarantee. In accordance with FAR Subpart 28.101-2(b), Bidders are required to submit evidence of guarantee as specified in FAR Clause 52.228-1. Signed bid bond shall be included with the hard copy sealed bid submission. Failure to provide a bid bond guarantee per FAR 52.228-1 could render your bid nonresponsive and ineligible for consideration and contract award.

(f) Representations/Certifications. The bidder shall ensure that their business has completed an online Representations and Certifications at the System and Awards Management (SAM) website, which may be found at https://sam.gov/SAM. It is the bidder's responsibility to ensure that the information provided in each representation and certification is completed truthfully and completely. A bidder's failure to complete the online representations and certifications prior to the close of the Solicitation (to include listing of the applicable NAICS code and applicable size standards) will result in their bid being deemed non-responsive and eliminated from further consideration. Bidder must be registered in the SAM database IAW FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in FAR 52.219-1(c), Small Business Program Representations (Alternate I), Representations. Bidders shall submit the the representations and certifications in Section 00 45 00 IAW DFARS Clause 252.204-7007 - Alternate A, Annual Representation Certifications as well as those in Section 00 70 00 IAW FAR Clause 52.204-8 - Annual Representations and Certifications (DEVIATION 2025-O0003 and 2025-O0004).

7. SITE VISIT AND PRE-BID CONFERENCE: It has been determined that a site visit and pre-bid conference will not be offered.

8. PUBLIC BID OPENING: The Government will host a public bid opening on , which will be held in the Monday, 28 July 2025, 9:00 AM (PST) Dallas Conference Room, Room 140, located in Building 2015 N. 4th Street, JBLM, WA 98433.

**NOTE** On the day of bid opening, bidders must allow sufficient time to complete security screening to gain admittance to Joint Base Lewis- McChord. Anyone wishing to attend the public bid opening MUST notify the Contract Specialist by email at kristen.d.carter6.civ@army.mil no later than 5 calendar days prior to the bid opening date with a firm commitment to attend.

Section 00 45 00 - Representations and Certifications

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.201-1 Acquisition 360: Voluntary Survey. Sep 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-7 Information Regarding Responsibility Matters. Oct 2018 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Aug 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

252.232-7016 Notice of Progress Payments or Performance-Based Payments. Apr 2020

DFARS Clauses Incorporated by Full Text

252.204-7007 Alternate A, Annual Representations and Certifications. (Oct 2024) Alternate A (Oct 2024)

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[X] (i) Paragraph (e) applies.

[ ] (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

[ ](i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

[ ](ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.

[ ](iii) 252.225-7020, Trade Agreements Certificate.

[ ] Use with Alternate I.

[ ](iv) 252.225-7031, Secondary Arab Boycott of Israel.

[ ](v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

[ ] Use with Alternate I.

[ ] Use with Alternate II.

[ ] Use with Alternate III.

[ ] Use with Alternate IV.

[ ] Use with Alternate V.

[ ](vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

[ ](vii) 252.232-7015, Performance-Based Payments-Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

Section 00 70 00 - Conditions of the Contract

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001 Oct 2021

52.222-3 Convict Labor. Jun 2003 52.222-7 Withholding of Funds. May 2014 52.228-11 Pledges of Assets (DEVIATION 2020-O0016) Feb 2021 Deviation 2020-O0016 Apr 2020

52.244-6 Subcontracts for Commercial Products and Commercial Services.

(DEVIATION 2025-O0003)

Jan 2025 Deviation 2025-O0003 Mar 2025

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations- Representation (Deviation 2024-O0006, Revision 1)

Mar 2024 Deviation 2024-O0006 Mar 2024

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

Feb 2024 Deviation 2024-O0006 Feb 2024

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Annual Representations and Certifications (MAR 2025)(DEVIATION 2025-O0003 and 2025-O0004)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is237310[insert NAICS code].

(2) The small business size standard is $45M[insert size standard].

(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) [X] Paragraph (d) applies.

(ii) [ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved]

(xv) [Reserved]

(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) [Reserved]

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

[ ] (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)

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that--Definition. Similarly situated entity

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b) (2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract. XX

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.228-15 Performance and Payment Bonds-Construction (Deviation 2020-O0016) (Jun 2020) Deviation 2020-O0016 (Apr 2020)

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-O0016)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782.