W9126G22B0008.pdf

US Army Corps of Engineers Fort Worth District

Airport Restroom #2 Renovation

Waco Lake Project Office, Waco, TX

W9126G22B0008 13 Jun 22

WA Airport Park Restroom #2 Renovation WACORRFY22

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

a description of work covered in this contract and is required for use in all projects

01 14 00 WORK RESTRICTIONS

work and site restrictions

01 30 00 ADMINISTRATIVE REQUIREMENTS

general administrative paragraphs

01 31 00.00 44 PROJECT MEETINGS

the preparation and use of Design-Bid-Build Schedules and as such must be edited for the acquisition method used

01 32 16.00 20 SMALL PROJECT CONSTRUCTION PROGRESS SCHEDULES

the preparation and use of construction schedules for small projects

01 33 00 SUBMITTAL PROCEDURES

general procedures regarding submittals, data normally submitted for review to establish conformance with the design concept and contract documents

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

safety and occupational health requirements for the protection of Contractor and Government personnel, property and resources

01 35 40.00 20 ENVIRONMENTAL MANAGEMENT

responsibilities and requirements regarding environmental management

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

listing of organizations whose publications are referenced in other sections of the specifications.

01 45 00.10 20 QUALITY CONTROL FOR MINOR CONSTRUCTION

Quality Control for small construction projects and repair or maintenance work. It may also be used for minor elements or small quantities of work in larger projects at the discretion of the Government

01 78 00 CLOSEOUT SUBMITTALS

closeout submittals including: revised project documents, warranty management, testing, adjusting and balancing, O & M manuals, and final cleaning

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

demolition, deconstructon, dismantling, reconditioning and disposal of existing building materials, equipment and utilities as a part of new construction or renovation work

PROJECT TABLE OF CONTENTS Page 1

WA Airport Park Restroom #2 Renovation WACORRFY22

DIVISION 09 - FINISHES

09 90 00 PAINTS AND COATINGS

painting of new and existing, interior and exterior substrates, including masonry, concrete, metal, wood and other miscellaneous materials

DIVISION 22 - PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

general purpose plumbing systems

DIVISION 26 - ELECTRICAL

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

common to all electrical sections

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

CLIN SCHEDULE

CESWF-OPR-A, Airport Park RR #2 Rehab

Waco, Texas

BID SCHEDULE

Unit price shall include all associated costs for each item.

Reference Summary of Work and attachments.

Item Description Quantity Unit U/Price Amount

BASE

0001 Renovation of Airport Park, Restroom 2: Job $____________

Includes all labor, tools, equipment and management necessary to provide renovations to restroom 2 at airport park to include but not limited to:

Replacing roof system, Electrical System, Plumbing System, Wall Panels, Interior and Exterior Carpentry Repairs and Re-staining Wood Surfaces.

Total $ __________ .

Base Period of Performance shall be 60 calendar days from issuance of notice to proceed.

Prices must be valid for 60 calendar days after submission of the proposal.

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

INSTRUCTIONS TO OFFERORS

SEALED BID INSTRUCTIONS

PART I – GENERAL INFORMATION

A. OFFEROR’S QUESTIONS AND COMMENTS

OFFEROR'S QUESTIONS AND COMMENTS

All questions and/or comments are to be submitted via ProjNet.

Bidder Inquiry in ProjNet at http://www.projnet.org/projnet

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is W9126G2200008 The Bidder Inquiry Key is: YCDAWE-V7XH2G

Last day to submit ProjNet questions is five (5) calendar days prior to bid due date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

*** Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

B. INSTRUCTIONS TO OFFERORS

SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION (FAR 14.302 AND

14.304)

Electronic copies of bids and the Standard Form 24, Bid Bond, shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Bids submitted by mail or hand carried will not be evaluated. Bids sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved. It is the responsibility of the Bidder to confirm receipt of bids. All Bids received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

There are 10 general steps a vendor must follow in order to use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5

For instructions on how to post your Bid, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Bidder’s responsibility to obtain written confirmation of receipt of all electronic bid files submitted by the Fort Worth District Contracting office. In the event that the Solicitation Module is down, the alternate method for bid submission is via email to: CIV-OPS.Proposals@usace.army.mil ONLY. The Bidder must obtain prior approval from the Contracting Officer/Contract Specialist (Jamauh.d.winston@usace.army.mil/ Nikisha.w.cook@usace.army.mil) to use the alternate submission method. Bidders are responsible for ensuring electronic files are virus-free and shall run an anti-virus scan before submission.

Electronic copies of each Bid shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Bidder shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

SENDING FILES. In an effort to reduce paperwork and reduce cost, all bids shall be submitted electronically.

All submissions should be in Adobe PDF format.

Title the file(s) in the following format:

W9126G22B0008_COMPANY NAME_ DESCRIPTION

Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of bid receipt will be the upload completion / delivery time & date recorded.

1. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR 52.214-18), Acknowledgement of all amendments, completed CLIN schedule and original Bid Bond.

2. . Offers received will be publicly opened at the following location:

US Army Corps of Engineers District, Fort Worth

819 Taylor St, Room 2A19Q

Fort Worth, TX 76102

DATE: 14 July 2022

TIME: 0900 AM CDT

3. . Teleconference Dial-In Information for the public bid opening:

Phone: (844) 800-2712 Attendee Access: 43375062

Pin: 8286

4. Please note, oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

5. Original copies of the Bid Bond shall be submitted to the following point of contact two (2) business days after the bid due date

US Army Corps of Engineers District, Fort Worth

Attn: Nikisha Cook

819 Taylor Street, Room 2A17

Fort Worth, TX 76123-0300

6. DELIVERY of hard copies and/or CD-ROMs of offers, modifications thereto, or cancellations of offers will not be accepted.

7. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers will not be accepted.

8. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellation of offers will not be accepted.

9. EMAIL. Follow the procedures in paragraph B titled “Instructions to Offerors/Special Instructions Pertaining to Electronic Bid Submission (FAR 14.302 and FAR 14.304)

10. NOTICE REGARDING POTENTIAL EMPLOYMENT ON MILITARY INSTALLATION

If the work called for by this request for proposal is located on a military installation, offerors should check with post/base security to determine if potential employees will be allowed on the base/post to seek employment.

11. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the Government. To be determined responsible, the apparent low bidder shall:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them. The contractor will be required to provide the Name of the Financial Institution, POC, and phone number.

(2) Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORY on any Final Evaluation within five (5) years from the bid opening date.

(3) Have a satisfactory record of integrity and business ethics. Awardee will be required to provide at least three (3) references for like work, to include Business Name, Point of Contact, and telephone number.

(4) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor or subcontractor). Per FAR 9.104-3, acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of the contract to acquire the needed equipment, facilities, other resources or personnel.

(5) Have the necessary production, construction and technical equipment and facilities, or the ability to obtain them; and

(6) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

12. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on www.sam.gov via the solicitation number. Written unsuccessful bidder letters will NOT be issued.

a. PREPROPOSAL CONFERENCE/SITE VISIT

SITE VISIT. See FAR clause 52.236-27 Site Visit (CONSTRUCTION) (FEB 1995) – ALTERNATE I IMPORTANT NOTES. (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

13. Submittals:

Complete and return provisions 52.204-24 Complete and return Contract Clause 52.219-28 Complete SF 1442 blocks 14, 15, 19, (Acknowledge all amendments), 20a, 20b, 20c of the SF 1442 and return with the completed Contract Line Item Schedule.

Offerors must insert a price on all numbered items of the Clin Schedule. Failure to do so may Result in the bid being unacceptable.

14. National Institute of Standards and Technology (NIST) Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered. Those without a NIST score in SPRS prior to award will be deemed NON-RESPONSIVE and thus not evaluated/considered for award. * If the apparent awardee does not correct the omission by refusing to enter its NIST score within 14 days after the allotted time then it can be safely deemed “not responsible”.

Reference: 252.204-2019 - Notice of NIST SP 800-171 DoD Assessment Requirements Reference: 252.204-2020 - NIST SP 800-171 DoD Assessment Requirements See the Attached Quick Entry Guide to assist with entering NIST Assessment.

Contact Help Desk at (866)618-5988 for additional assistance.

NIST SP 800-171

NIST SP 800-171 QUICK ENTRY GUIDE

VERSION 3.3

NSLC PORTSMOUTH BLDG. 153-2 PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NH 03804-5000

Approved for public release, distribution is unlimited.

NIST SP 800-171 Quick Entry Guide SPRS Release V 3.3

1. NIST SP 800-171 Assessment Database: The purpose of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 is to protect Controlled Unclassified Information (CUI) in Nonfederal Systems and Organizations.

This database contains data associated with NIST SP 800-171 Assessments.

2. PIEE Access: A “SPRS Cyber Vendor User” role is required to enter Basic Assessment information. Step-by-step PIEE Access Instructions can be found here.

https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf

3. SPRS Application Access: To Access SPRS, follow the below steps:

a. PIEE landing page: https://piee.eb.mil/piee-landing/

b. Click “log-in” and follow prompted log-in steps

Screenshot Dtd 2 NOV 2020

c. Select the SPRS Icon:

d. Select NIST 800-171 Assessment:

3.1 Creating a Header: A “Header” is required for each Highest Level Owner (HLO) CAGE. If a Basic Confidence Level header does not already exist for your HLO, it may be created by selecting “+ Create New HLO CAGE” from the Header View:

*Note: If you have SPRS access but do not see the create buttons, please confirm your “SPRS Cyber Vendor User” role has been activated in PIEE.

3.2 Header View: The header page only displays the HLO(s) for a company and will contain up to four rows per HLO, one for each Confidence Level (Basic, Medium, High Virtual, and High On-site). Basic is the only vendor self-assessed confidence level.

Version 3.3 AUG 2021 1 https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://piee.eb.mil/piee-landing/ https://piee.eb.mil/piee-landing/

NIST SP 800-171 Quick Entry Guide SPRS 3.3

*Note: CAGE Hierarchy is imported from the System for Award Management (SAM).

Contact your company’s CAGE hierarchy authority to have your data updated in SAM.

Updates typically flow to SPRS within 48 hours.

3.3 Detail View: From the header view select “View Details” at the Basic confidence level to view, enter, and edit assessment summary results associated with any CAGE within that HLO’s hierarchy (see arrow above, section 3.2):

3.4 Assessment Entry: Select “+ Add New Assessment” button within Detail View

(see arrow above, section 3.3), enter assessment summary results within the Enter Assessment Details page, and select “Save”:

*Note: The Assessment Methodology and System Security Plan should be completed prior to entering assessment summary results within SPRS.

*Note: Information related to each data field may be viewed by moving the cursor over the field title or column header.

3.5 Assessment Edit: The user may update as necessary to reflect the company’s current status. While viewing the NIST assessments in Details View (Section 3.3 above), click the pencil icon to edit assessment details.

Version 3.3 AUG 2021 2

CONTRACTOR INFORMATION SHEET

Contractor Information Sheet

**THIS MUST BE COMPLETED AND RETURNED WITH YOUR BID**

IN THE EVENT OF AWARD, ISSUE CONTRACT TO:

NAME

ADDRESS

(Number & Street) (City, State and Zip)

PHONE NUMBER MOBILE

(Area code and number) (Area code and number)

EMAIL ADDRESS________________________________________________________________

DUNS NUMBER

CAGE CODE NUMBER

TIN NUMBER ______________________________

UNIQUE ENTITY ID__________________________

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 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

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; XX DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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--

DATE: 23 JUNE 2022

TIME: 0900AM CDT

PLACE: Airport Restroom #2, 4600 Skeet Eason Rd, Waco, Texas 76708

From the park entrance continue past the Gate Attendant building. Follow the park road for roughly ½ mile and take the 3rd right. The restroom will be on the left in about 500 feet.

(c) In no event will failure to inspect the site constitute grounds for withdraw of a bid after receipt of a bid or for claim after award of the contract.

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.acquisition.gov https://www.acquisition.gov/dfars https://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version

(End of provision)

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 DFARSS (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

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

DEC 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (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

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.

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

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 FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

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

__ (i) Paragraph (e) applies.

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

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

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

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

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

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

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

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

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

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(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.

X (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…