B08 - W9123823B0008 - 20221220.pdf

The U.S. Army Corps of Engineers (USACE) Sacramento District (SPK) requires to strengthen the levee protecting the city of Marysville, California (CA) by the addition of seepage cutoff w all and to include construction of seepage berms adjacent to the Union Pacif ic Railroad crossing.

In accordance w ith DFARS 236.204(i), the Government currently estimates the magnitude of construction for this project to be betw een

$10,000,000 and $25,000,000. This solicitation w ill use PSC: Y1PZ, Construction of Other Non-Building Facilities and NAICS Code: 237990, Other Heavy and Civil Engineering Construction.

This w ill be a set-aside for Small Business. SBA Size Standard: $39.5 million

X

BRITANIE V BUTLER 000-000-000

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Dec-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________26 Jan 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9123823B0008 52

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9123823B0008

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specifications 549 26-OCT-2022

Attachment 2 Plans 82 26-OCT-2022

Attachment 3 Price Schedule 3 20-DEC-2022

Attachment 4 Pre-Award Survey 4 19-DEC-2022

Attachment 5 Wage Determination 59 12-DEC-2022

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Phase 2B Marysville Levee Efforts

FFP

The base bid job price and payment constitutes full compensation for furnishing all plant, labor, materials, fill, equipment, and performing any associated Contractor quality control, environmental protection, erosion control, meeting safety requirements, tests and reports, and for performing all work required for construction of the Phase 2B Marysville Ring Levee Efforts.

FOB: Destination

NET AMT

1001 30 Days

OPTION CONSTRUCTION STANDBY

FFP

1002 1 Job

OPTION MOBILIZATION AND DEMOBILIZATION

1003 3 Job

OPTION ONSITE REMOBILIZATION

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 730 dys. ANP 1 NATOMAS PROJECT OFFICE

1325 J STREET

SACRAMENTO CA 95814-2922

L2H0A20

1001 730 dys. ANP 30 (SAME AS PREVIOUS LOCATION)

1002 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1003 730 dys. ANP 3 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

I. SOLICITATION AVAILABILITY

a. The solicitation, solicitation attachments, and amendments are posted on the Government-wide Point of

Entry, the System for Award Management (SAM - www.sam.gov/SAM).

b. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals. An award notice will be posted on SAM following contract award.

II. AVAILABILITY OF REFERENCED PUBLICATIONS

a. USACE publications can be found at: https://www.publications.usace.army.mil/

b. Construction Criteria Base (CCB). The CCB system, available through the National Institute of Building

Sciences, includes copies of USACE methods and specifications. CCB information can be obtained from:

http://www.wbdg.org/ccb/ccb.php

III. OFFEROR QUESTIONS

a. Prospective Offerors must submit all questions regarding the solicitation, requirement, or other Requests for Information (RFIs) through the ProjNet Suite Bidder Inquiry System: https://www.projnet.org/projnet.

b. Please review the solicitation, plans, and specifications in their entireties, and review previous questions and answers in ProjNet, before submitting a new inquiry.

c. To submit and review inquiries, prospective Offerors must be a registered user or self-registered user in

ProjNet. To self-register: from the ProjNet homepage, click on the ‘Quick Add’ link. Select USACE as the agency, enter the Bidder Inquiry Key listed below, enter your e-mail address, and then click ‘Continue’.

Fill in all required information and click ‘Add User’.

i. From this page you can view all current inquiries or add a new inquiry.

ii. ProjNet will e-mail an acknowledgement that a new question has been submitted and will send a subsequent e-mail when the answer to their question has been posted.

iii. The Solicitation Number is: W9123823B0008

iv. The Bidder Inquiry Key is: QG527E-FHQVY9

d. ProjNet will be closed to new inquiries ten (10) calendar days prior to bid submissions to ensure adequate time is available to respond to questions and amend the solicitation, if necessary.

e. The ProjNet call center operates weekdays from 0800 / 8:00 A.M. to 1700 / 5:00 P.M., U.S. Central Time

Zone (Chicago); they can be reached by calling 1-800-428-HELP.

f. The point of contact for this solicitation is:

Britanie Butler, Contract Specialist

Email: britanie.v.butler@usace.army.mil (preferred contact method)

IV. CONTRACTOR RESPONSIBILITY

http://www.sam.gov/SAM https://www.publications.usace.army.mil/ http://www.wbdg.org/ccb/ccb.php https://www.projnet.org/projnet

a. FAR Subpart 9.1 requires that contracts be awarded only to responsible prospective Contractors.

b. To be determined responsible, a prospective Contractor must meet the standards in FAR 9.104 and any other standards set forth in the solicitation.

c. To be determined responsible, Offerors must provide a statement regarding previous experience completing comparable work as well as information about the business organization, financial resources, and equipment to be used in performing the contract, by completion of a Pre-Award Survey (see solicitation

Attachment 4).

d. If the Offeror does not demonstrate sufficient resources in the completed Pre-Award Survey, acceptable evidence of "ability to obtain" the required adequate resources normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

e. Additionally, Offerors shall provide letter(s) from banks or other financial institutions with which the

Offeror conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. to assist the Government in determining financial stability, history of timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If responding to the solicitation as a Joint Venture (JV), provide this information for each JV participant.

V. CONTRACTOR TEAMING ARRANGEMENTS

a. “Offeror” may include a group of two (2) or more entities that have formed a “Contractor team arrangement” (CTA) as defined in FAR 9.601; this includes partnerships, JVs, and Subcontractor agreements.

b. An Offeror that relies upon the experience or past performance of a CTA member must maintain that CTA throughout contract performance. The Government must approve any changes to CTAs.

VI. SUBMISSION REQUIREMENTS

a. Media Limits. Only submit the electronic files specifically requested in this section. Do not submit excess information, audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information in the offer.

b. Page Limits. There is not a page limit for the overall offer; however, page limits may be imposed at the

Volume and/or Tab levels.

c. Page Definition. For Volumes and/or Tabs with page limitations, pages will be counted as follows: One (1) side of the paper is one (1) page; information on both the back and front of one sheet of paper is two (2) pages. Where authorized, a foldout sheet will count as one (1) page. Pages furnished for organizational purposes, such as a Table of Contents or divider tabs, are excluded from page limits.

d. Page Size, Margin, and Font Limitations. Except where another size is specifically authorized for a submission, submit only 8.5” x 11” pages. Use at least 1-inch margins; headers and footers may be outside the 1-inch margins. Do not justify the right margin. Do not use a font size smaller than 10-point. Do not use unusual font styles such as script or condensed fonts; all text and graphics must be clearly legible.

e. Volume Tabs. Volume Tabs directly correlate to evaluation factors. Although the Government may evaluate information contained anywhere in an Offeror’s proposal, the Government is not obligated to search for or consider information that is not located in the specified Tab. For electronic proposals, Tab means a PDF bookmark. If a Tab is not applicable to your proposal, omit that Tab but do not renumber subsequent Tabs.

f. Conditioning of Offer. Offerors may not propose exceptions to the solicitation. Inclusion of any standard company terms and conditions that conflict with the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Questions about the terms and conditions or technical requirements must be resolved through ProjNet prior to offer submission.

g. Restrictions on Offeror-Provided Information. Offers shall not contain classified data. “Confidential” projects may be submitted to demonstrate capability if all information required for evaluation can be provided to the Government. Offerors that include data in their proposals that they do not want disclosed or used except for evaluation purposes must redact the data in accordance with FAR 52.215-1, Instructions to

Offerors - Competitive Acquisition.

VII. BONDING BY INDIVIDUAL SURETIES

a. Offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 24, Bid

Bond, SF 28, Affidavit of Individual Surety, the bond, and a pledge of acceptable assets from each individual acting as an individual surety (see FAR 52.228-11, Pledges of Assets).

b. Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate.

c. Failure to provide all required bonding documents will render the Offeror nonresponsible and thus ineligible for award.

VIII. REQUIRED BID DOCUMENTS

Bids MUST include:

Tab 1 - Completed Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair) with continuation pages and acknowledgement of all Amendments, duly executed by an official authorized to bind the company.

Offeror must fill out SF 1442 blocks 14, 15, 17, 20A, 20B, 20C, 30A, 30B, and 30C.

Block 14 - Must include the Offeror’s name, address, and Commercial and Government Entity (CAGE) code and/or

EIN or UEI.

Offeror may complete SF 1442 block 19 to acknowledge amendments. Alternatively, Offeror may submit page one

(1) of all issued SF 30s to acknowledge amendments. Offeror must acknowledge all amendments using one of these methods.

Block 30A, 30B, and 30C - Must be duly executed and signed by an official authorized to bind the Offeror.

Note: If the SF 1442 and/or the bid schedule are changed by amendment, Contractors must submit the amended versions with their bid.

If the Offeror is proposing based on a CTA, include a copy of the JV agreement or other supporting documentation identifying the legal name(s) of all entities, describing the nature of each entity’s relationship (teaming/partnering, JV, etc.) and their role on the contract, and including signatures from all parties.

There is no page limit for this tab.

Tab 2 - Completed SF 1442 Contract Line Item Number (CLIN) Schedule (solicitation section 00 10 00), and completed Bid Schedule, with proposed CLIN prices and bid breakout provided where indicated.

Offeror should use the pricing breakout structure provided in solicitation Attachment 3, Bid Schedule.

Prices must be proposed for all CLINS.

Unit prices must be extended to “dollar and cents” amounts, i.e., two (2) decimal places; do not round prices to the nearest dollar.

Check the pricing submission very carefully for mathematical and clerical errors prior to submission.

Tab is limited to three (3) pages.

Tab 3 - Completed Representations and Certifications

In accordance with FAR Subpart 4.11, Offerors must be registered in SAM (www.SAM.gov), and have completed annual representation and certification requirements, at the time an offer is submitted.

Offeror may include all of SF 1442, Section 00 45 00.

Offeror must include FAR provision 52.204-8, Annual Representations and Certifications, checked as appropriate in paragraph (b)(2).

Tab 4 - Bid Guarantee, i.e., Standard Form 24, Bid Bond

Offeror must provide a completed and certified SF 24.

Bond must include evidence of authority to bind the surety, e.g., power of attorney documentation.

Tab 5 - Pre-Award Survey

Tab is limited to ten (10) pages.

IX. SUBMITTING OFFERS

a. The Government will NOT accept offers submitted in hard copy, by telegraph, or by facsimile.

b. Bids MUST BE submitted electronically via the Procurement Integrated Enterprise Environment (PIEE) website https://wawf.eb.mil OR https://piee.eb.mil OR https://piee.eb.mil/xhtml/unauth/home/login.xhtml.

Registration is a multi-step process, so plan accordingly.

c. If you are not registered, the United States Government is not responsible for providing you with notifications of any changes to this solicitation. The solicitation will be available only as a direct download. Registration should be completed one week prior to the issue date. It is therefore the

Contractor’s responsibility to monitor the website daily for the solicitation to be posted, and for any posted changes or amendments to this solicitation. The plans and specifications and all notifications of changes to this solicitation shall only be made through this posting and modifications hereto.

d. NOTE: This solicitation is in PDF format and requires Adobe Acrobat Reader. Adobe Acrobat Reader may be downloaded free of charge at http://www.adobe.com/products/reader.

e. Submissions shall be in Adobe PDF format.

https://wawf.eb.mil/ https://piee.eb.mil/ https://piee.eb.mil/xhtml/unauth/home/login.xhtml

f. Only one (1) submission is allowed per Offeror.

g. Late proposals will NOT be accepted for any reason.

h. Offers MUST BE submitted electronically using PIEE: https://piee.eb.mil/xhtml/unauth/home/login.xhtml

i. The Contract Specialist can verify bid submission receipt upon request; email requests for confirmation are preferred.

X. ACCEPTANCE OF OFFER

A written award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the SF 1442, shall result in a binding contract without further action by either party.

XI. BASIS FOR AWARD

The Government contemplates award of one (1) firm-fixed-price contract to the responsive, responsible Offeror that submits the lowest bid for the total of all CLINs and options listed in the SF 1442.

XII. BID OPENING

The Government will host a virtual bid opening. The public will not be allowed to be physically present in the bid room. Instead, interested parties may view the bid opening live by logging into the WebEx using the following:

Date: Thursday, 26 January 2023

Bids Due By: 1000 / 10:00 AM, PDT

Bid Opening Time: 1300 / 01:00 PM, PDT

Virtual Information Link:

WebEx Link: https://usace1.webex.com/webappng/sites/usace1/dashboard/pmr/rachel.kinney

For those interested parties who would prefer to listen to the bid opening via conference call, please call in using the following:

Call-in Information

1-844-800-2712 Call-in Toll Free Number

199 21 8129 Access Code

(End of Section)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

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 https://piee.eb.mil/xhtml/unauth/home/login.xhtml

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.217-5 Evaluation Of Options JUL 1990

52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) 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 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

U.S. Army Corps of Engineers, Sacramento District

Contracting Division

ATTN: Rachel Kinney, Contracting Officer

1325 J Street, RM 878

Sacramento, CA 95814-2928

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) 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 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.

(b) An organized site visit has been scheduled for –

10 January 2022 at 10:00 A.M. PST

Meeting Location:

Habitat for Humanity (South East Parking Lot Area)

202 D St.

Marysville, CA 95901

POC: Heath Kirkwood

916-347-8239

52.252-1 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.acquisitions.gov https://www.acq.osd.mil/dpap/dars/class_deviations.html

52.252-5 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 Department of Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.

(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 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:

( ) Paragraph (d) applies.

( ) 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) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, 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 Certification. 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) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 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 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 https://www.sam.gov/

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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

https://www.sam.gov/

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022) - ALTERNATE I (SEPT 2015)

(a) Definitions. As used in this provision--

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent…