W9127820B0006 Solicitation.pdf

SPECIFICATIONS

FOR

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

CONTRACT FOR RENTAL OF 27-30 INCH CUTTERHEAD PIPELINE

DREDGE FOR DREDGING MOBILE DISTRICT NAVIGATION

PROJECTS IN ALABAMA, MISSISSIPPI, AND FLORIDA

SOLICITATION: W9127820B0006

THIS SOLICITATION DOES NOT AUTHORIZE FACSIMILE BIDS; THEREFORE,

FACSIMILE BID MODIFICATIONS WILL NOT BE ACCEPTABLE.

“GOOD ENGINEERING RESULTS IN A BETTER ENVIRONMENT”

U.S. ARMY ENGINEER DISTRICT, MOBILE

109 St. Joseph Street

Mobile, Alabama 36602

K5CT9CDW

Sticky Note Marked set by K5CT9CDW

IDIQ Contract for Rental of 27 - 30 Inch Cutterhead Pipeline Dredge for Dredging in Alabama, Mississippi, and Florida

Solicitation No.

W9127820B0006

TABLE OF CONTENTS

NOTICE TO BIDDERS

SECTIONS

00 00 10

00 21 13 00 45 00 00 70 00

Standard Form 1442 - Solicitation, Offer, and Award Proposal Data Sheet Bid Schedule

Required Forms Standard Form 24 – Bid Bond Standard Form 28 – Affidavit of Individual Surety Standard Form LLL - Disclosure of Lobbying Activities

Instructions to Bidders Representations and Certifications Conditions of the Contract

DIVISION 01 – GENERAL REQUIREMENTS & SPECIFICATIONS

01 00 00 Statement of Work / Specifications Coastal Projects Project Sign Instructions

01 00 01 General Contract Requirements CESAM Form 1151 – Prompt Payment Certification

01 33 00 Submittal Procedures ENG Form 4288-R ENG Form 4025-R

01 35 26 Governmental Safety Requirements 01 45 01 USACE Quality Control 01 45 00.15 10 Resident Management System (RMS) Contractor Mode (CM)

01 57 20.00 01 57 20.01 01 57 20.02 01 57 20.03

35 20 23.33

CESAM Form 696 – Contractor Quality Control Report

ENG 4267

SAD 1437a-R Environmental Protection (Mobile Harbor) Environmental Protection (Gulfport Harbor) Environmental Protection (Panama City) Environmental Protection (Pascagoula Harbor) Turbidity Monitoring Daily Report Disposal National Dredging Quality Management Program

WAGE RATES

Current wage rates will be assigned for each individual task order.

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Dredging in Alabama, Mississippi, Florida

Solicitation No.

W9127820B0006

NOTICE TO BIDDERS

SEE NOTE 8. LACK OF REGISTRATION IN THE SAM DATA BASE WILL RENDER BIDDER

INELIGIBLE FOR AWARD

BEFORE SIGNING AND MAILING THIS BID, PLEASE TAKE NOTE OF THE FOLLOWING, AS FAILURE

TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR BID TO BE REJECTED

THIS CHECKLIST IS DESIGNED FOR YOUR CONVENIENCE TO ASSIST YOU IN COMPLETING

YOUR OFFER. ITS COMPLETION DOES NOT GUARANTEE THAT YOUR OFFER WILL BE

ACCEPTABLE. A COMPLETE AND ACCEPTBLE OFFER IS SOLELY THE RESPONSIBILTY OF

THE CONTRACTOR.)

1. Amendments: Have you acknowledged receipt of ALL amendments? If in doubt as to the number amendments issued, email Derrica Frazier-Corbie at derrica.j.frazier-corbie@usace.army.mil.

2. Amended Bid Pages: If any of the amendments furnished new/revised bid pages, then the new/revised bid pages must be used in submitting your bid.

3. Individual Sureties: Please note requirements for Individual Sureties in Section 00 70 00.

4. Performance and Payment Bonds: Please note requirements for bonds in Section 0070 00, and FAR Clause 52.228-15.

5. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction: See Section 00 21 13, FAR Clause 52.222-23

6. Mistakes in Proposal: Have you reviewed your offer price for possible errors in calculation or work left out?

7. Your Proposal Should Include the Following: The SF 1442 (include TIN, DUNS, AND CAGE numbers in the block with your company’s name), Completed Poposal Data Sheet, Completed Bid Schedule, any requirements from Section 00 21 13, Section 00 45 00 and any technical information required by the solicitation. Also include your Joint Venture (JV) agreement if applicable. Have all members sign the SF 1442 or provide a letter authorizing one person to bind the JV or partnership. Refer to the JV clause in the solicitation.

8. Your attention is directed to the following clause:

FAR Clause 52.204-7, Required System Award Management (SAM) registration. Lack of registration in the SAM database will render bidder ineligible for award. Information on how to register and the time it takes is detailed in the clause.

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9127820B0006

2. TYPE OF

SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10 August 2020

PAGES OF PAGES

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

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

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U S ARMY ENGINEER DISTRICT, MOBILE

CONTRACTING DIVISION (CESAM-CT)

(109 ST. JOSEPH ST. 36602) P.O. BOX 2288

MOBILE, AL 36628-0001

SEE CLAUSE 30 IN SECTION 01 00 01

9. SEE CLAUSE 30 IN

SECTION 01 00 01

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

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no.,date):

Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), Contract for Rental of 27-lnch to 30-lnch Cutterhead Pipeline Dredge for Dredging in Mobile District Navigation Projects In Alabama, Mississippi, and Florida.

Designation of a Contracting Officer's Representative (COR) will be established per task order.

IDIQ Period of Performance will be fourteen (14) months.

The contractor must be registered on the System for Award Management website (www.sam.gov).

1) The guarantee minimum quantity of work which will be required under this contract and which will be initiated by one or more task order will not be less than $100,000 for the term of the contract.

2) ** For information pertaining to submission of electronic bids and virtual bid opening, see clause 30 in Section 01 00 01.

11. The Contractor shall begin performance within _*_________ calendar days and complete it within __*________ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _*Task Order__ .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _**______ copies to perform the work required are due at the place specified in Item 8 by__14:00___ (hour) local time 11 Sept. 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 is, is not required.

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

D. Offers providing less than 120___________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

SFC Frazier-Corbie, Derrica 251-690-2566

00010-1

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT

NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

00010-2

STANDARD FORM 1442 BACK (REV. 4-85)

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Dredging in Alabama, Mississippi, Florida

Solicitation No.

W9127820B0006

PROPOSAL DATA SHEET

Also include the required, completed and signed SF 1442 in addition to this Proposal Data Sheet.

1. Name of Solicitation:

2. Offering Firm’s Name As Appears on the SF 1442:

Offering Firm’s DUNS number as it appears on the SF 1442:

3. Mailing Address:

4. Telephone Number:

5. Fax Number:

6. E-mail Address to use for all correspondence:

7. AUTHORIZED NEGOTIATORS. Far 52.215-11. The Offeror represents that the following person(s) are authorized to negotiate on its behalf with the Government in connection with this solicitation.

List name(s), title, and telephone numbers of authorized negotiator(s).

Name of Person(s) Authorized to Negotiate:

Negotiator’s Address:

Negotiator’s Telephone:

Negotiator’s E-mail:

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127820B0006

00 00 10 - 1

Section 00 00 10

BIDDING SCHEDULE

CONTRACTOR NAME: _____________________________________________________________________

Item No.

Description

Estimated Quantity Unit

Unit Price Estimated Amount

1. DREDGING 100% Pay Time (For estimated quantity, see table in Sec. 01 00 00, par. 2.2) _________ HRS _______ _______________

2.

DREDGING 100% Pay Time, Work For Others (For estimated quantity, see table in Sec. 01 00 00, par. 2.2) _________ HRS _______ _______________

3.

MOBILIZATION BAR TO BAR (See Sect. 01 00 00 paragraph entitled PAYMENTS) 500 MI _______ _______________

4.

MOBILIZATION AND DEMOBILIZATION

(Dredge and Plant) See Note 7 Below 1 JOB XXXX _______________

5.

INTERMEDIATE MOBILIZATION AND

DEMOBILIZATION OF PIPELINE

See Note Below

150 UNIT ________ _______________

6. MISSISSIPPI STATE TAX 1 JOB XXXX $50,000.00

TOTAL

BID

Offeror elects to waive the price evaluation preference for Hubzone Small Business Concerns: ( ) Yes ( ) No (This applies only to Small Business certified as a Hubzone Small Business by the Small Business Administration).

NOTES:

1. To better facilitate the public bid opening process, all modifications to bids are to be submitted on copies of the latest bid schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to bid items, all bidders should state their revised prices for each item. The company name should be indicated on the face of the bid schedule to preclude being misplaced.

2. Bidders must insert a price on all numbered items of the bidding schedule. Failure to do so will disqualify the bid.

3. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and extension, the unit price will be considered to be the bid.

4. The number of hours indicated on the Bidding Schedule is approximate. The contractor may be required to work either more or less than the number specified and these items are not subject to the Variations in Estimated Quantities Clause.

5. Refer to Section 00 00 10 paragraph entitled “BID EVALUATION” for information about the bid items.

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127820B0006

00 00 10 - 2

6. For Bid Item entitled INTERMEDIATE MOBILIZATION AND DEMOBILIZATION OF PIPELINE, each UNIT is equivalent to 1,000 feet of pipeline.

7. For the purposes of bidding, the dredge Mobilization Point is the intersection of the Gulf Intracoastal Waterway and Gulfport Ship Channel in Gulfport, MS.

8. For Bid Item entitled, MISSISSIPPI STATE TAX, the Government will reimburse the Contractor for the actual taxes collected by the State of Mississippi for work performed under this contract. It cannot be left blank. Also, the State of Mississippi will enforce an equipment tax on equipment new to the State of Mississippi. This equipment tax will not be reimbursed by the Government.

BID EVALUATION:

(1) It is the intent of the Government to secure a dredge meeting the requirements set forth in the Statement of Work of the specifications.

The table in the paragraph entitled DREDGE AND ATTENDANT PLANT REQUIREMENTS indicates the estimated average output for dredges of various power based on average theoretical conditions under which this work is to be accomplished. Bids will be evaluated and award will be made on the basis of employment of the plant that will result in the lowest overall total price, as described hereinafter, to the Government for the equipment. This is not to be construed by the Contractor that the Government guarantees this number of hours and linear feet will be worked.

(2) Bidders should insert into the bid schedule the appropriate number of hours for 100% Pay Time from the table in section 01 00 00, paragraph 2.2.

(3) Bids based on dredges smaller than those listed in the Table will be considered non-responsive.

(4) The Government will check the bidder's computation for accuracy and to insure that the bidder's computation was made in accordance with the above evaluation procedures. In case of variation between the bidder's computation procedures and those prescribed above, the Government will correct the bidder's computation and the bid will be evaluated by the corrected computation.

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127820B0006

00 00 10 - 3

INFORMATION TO BE SUBMITTED WITH BID: Each bidder shall furnish the information required below by filling in the blank spaces:

Dredge Name or Number__________________________________________________ _

Fair Market Value of the Dredge___________________________________________

Bunker Capacity (gallons/tons)____________________________________________

Hull: Material of Construction____________________________________________ Length (ft)_________________________________________________________ Breadth (ft)________________________________________________________ Depth (ft)__________________________________________________________ Diameter of Spuds (in)______________________________________________ Distance between spuds, athwartship(ft)_____________________________ Distance of spuds from stern of dredge (ft)_________________________ Conventional Spuds______ Traveling Spuds________ (Check one) Draft under normal working conditions (ft)__________________________ When built__________________________________________________________ When and where last dry docked______________________________________ Length of time of last dry docking( months)_________________________

Min. width of channel in which dredge can successfully operate (ft)_______

Max. depth of water in which dredge will operate(ft)______________________

Max. draft of dredge (ft)_________________________________________________

Max. current in which dredge can successfully operate:

Miles per hour (for 11 feet of water)___________________________ Depth to which dredge will dig(Max./Min.)(ft)__________________________

LADDER:

Material of construction:________________________________________ Length (ft)_______________________________________________________ Type of flexible suction pipe connection to hull___________________ Maximum continuous swing width (ft)________________________________ Diameter of cutter shaft (in)_______________________________________ Cutter actuating device: Size:_____________________________________ Type:_________________________________________ Power:________________________________________ Type of cutter______________________________________________________ Horsepower of cutter motor__________________________________________ Normal R.P.M. of cutter_____________________________________________

LADDER PUMP:

Type and Make________________________________________________________ Diameter discharge, as originally designed(in)_______________________ Diameter of impeller (Max./Min.) (in)________________________________ Max. R.P.M. of impeller______________________________________________ Brake H.P. applied to pump impeller__________________________________

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127820B0006

00 00 10 - 4

DREDGING PUMP: (MAIN DREDGE PUMP)

Type and Make____________________________________________________ Diameter suction (in)________________________________________________ Diameter discharge, as originally designed(in)____________________________ Diameter of impeller (Max./Min.) (in)__________________________________ Max. R.P.M. of impeller_____________________________________________ Method of actuating impeller_________________________________________ Brake H.P. applied to pump impeller___________________________________

MAIN ENGINE: (DESCRIBE FULLY)

Make_______________________________________________________________ Type________________________________________________________________ Size_________________________________________________________________ Age_________________________________________________________________ B.H.P._______________________________________________________________ R.P.M._______________________________________________________________ Estimated amount of fuel consumed per day__________________________________

LIGHTING PLANT:

K.W.________________________________________________________________

ATTENDANT PLANT:

Quarterboat, size_____________________________________________________ Launch or launches, size_______________________________________________ Skiffs, number_______________________________________________________ Method of supporting discharge pipe_____________________________________ Type and number of pontoons__________________________________________ Dredge Tender, size__________________________________________________ Dredge Tender, horsepower____________________________________________ Dredge Tender, size__________________________________________________ Dredge Tender, horsepower____________________________________________ Towing Vessel, size__________________________________________________ Towing Vessel, horsepower____________________________________________ Total H.P. of all fuel consuming units in the makeup of the total dredging plant (horsepower)__________________________________________

The plant was last operated in _________________at________________________________ The plant offered is owned by __________________________________________________ The plant may be inspected at __________________________________________________ The period of time of lay up in the past 12 months__________________________________

IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Dredge for Solicitation No.

Dredging Mobile District Navigation Projects in Alabama, Mississippi and Florida W9127820B0006

00 00 10 - 5

DREDGE CREW

(A complete listing of proposed personnel in compliance with the responsibilities in Section 01 00 00, paragraph entitled

CREW)

POSITION NUMBER

SUBSISTENCE: The plant ( ) will ( ) will not have the facilities for furnishing the meals as referred to by the “Accommodations and Meals for Inspectors” clause of the contract.

The rental rate to be charged for the above plant, complete with full operating personnel and in operating status on a 24-hour day, 7 days per week basis, will be set forth in Bidding Schedule.

DREDGE PLANT OPERATION: The number of shifts to be worked per day on a 24-hour basis, 7 days per week is _______.

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2022

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE INVITATION NUMBER

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

FOR (Construction, Supplies or Services)

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

DATE BOND EXECUTED (Must not be later than bid opening date)

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

JOINT VENTURE

OTHER (Specify)

PARTNERSHIPINDIVIDUAL

CORPORATION

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.

The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INCORPORATION

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

STANDARD FORM 24 (REV. 8/2016) BACK

Approved by OMB 0348-0046

Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure)

1. Type of Federal Action:

a. contract ____ b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application _____ b. initial award

c. post-award

3. Report Type:

a. initial filing _____ b. material change

For material change only:

Year _______ quarter _______ Date of last report___________

4. Name and Address of Reporting Entity:

____ Prime _____ Subawardee

Tier______, if Known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency:

7. Federal Program Name/Description:

CFDA Number, if applicable: ____________

8. Federal Action Number, if known:

9. Award Amount, if known:

10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: __________________________________

Print Name: _____

Title: _____

Telephone No.: ____________ Date: _______

Federal Use Only

Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full

Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the

Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503

DISCLOSURE OF LOBBYING ACTIVITIES

CONTINUATION SHEET

Authorized for Local Reproduction Standard Form - LLL-A

Approved by OM 0348-0046

Reporting Entity: Page of

*U.S. G.P.O. 1990-260-708:00012

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IDIQ Contract for Rental of 27-30 Inch Cutterhead Pipeline Solicitation No.

for Maintenance Dredging in Alabama, Mississippi, and Florida W9127820B0006

Section 00 70 00

Section 00 70 00 - Conditions of the Contract

Table of Contents 52.202-1 Definitions (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-7 Anti-Kickback Procedures (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM 15

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7 System for Award Management (OCT 2018) ALTERNATE I (OCT 2018)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.210-1 MARKET RESEARCH (APR 2011)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.214-26 Audit and Records--Sealed Bidding (JUN 2020)

52.214-27 Price Reduction for Defective CERTIFIED Cost or Pricing Data - Modifications - Sealed Bidding

(JUN 2020)

52.214-28 Subcontractor CERTIFIED Cost or Pricing Data - Modifications - Sealed Bidding (JUN 2020)

52.216-19 Order Limitations (OCT 1995)

52.216-22 Indefinite Quantity (OCT 1995)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (MAR 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015) 52

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC

ENTERPRISES (JUN 2000)

52.227-1 Authorization and Consent (JUN 2020)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN

2020)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 Performance and Payment Bonds--Construction (JUN 2020)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-16 PROGRESS PAYMENTS (JUN 2020)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—System for Award management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.233-1 Disputes (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

52.242-13 Bankruptcy (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2020)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-

RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) .. 128

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (DEC 2019)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

252.216-7006 ORDERING (SEP 2019)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 2019)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7048 Export-Controlled Items (June 2013)

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten (DEC 2019)

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020- O0015) DEV (May 2020)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION

ON FEES AND CONSIDERATION (APR 2020)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019)

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation

2.101 on the date of subcontract award.

(End of Clause)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime…