W9128F26BA003 - Lower Brule Element 1 Phase 2 - Solicitation (1of4).pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

Lower Brule North Ecosystem Restoration Project Element 1, Phase 2 - Lower Brule, SD

W9128F26BA003

Section 00 01 10 - Table of Contents

BID SCHEDULE

SEE ATTACHMENT #1

SPECIFICATIONS

SEE ATTACHMENT #2

DRAWINGS

SEE ATTACHMENT #3

Section 00 01 15 - List of Drawing Sheets

Identifier Document Name Document Description Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

BID

SHEET_BB00107

Bid Schedule - W9128F26BA003 - Lower Brule North Ecosystem Restoration Project Element 1, Phase 2

17 Oct

3 Attachment No

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

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Contractors shall provide the bid schedule with their bid and should not include any pricing information for this CLIN.

Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

BID INSTRUCTIONS

1. GENERAL BIDDING INFORMATION

Bidders shall e-mail bids to the below individuals no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recent SF 30, as applicable:

Nadine Catania, Contracting Officer Nadine.L.Catania@usace.army.mil

Clinton Russell, Contract Specialist: Clinton.E.Russell@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F26BA003

b. Bid Due Date and Time: See Section SF1442 (00 10 00 page 1)

c. Bid Validity Date: 90 Days

Bids received after the date and time stated within Block 13 of the SF 1442 or Block 14 of the most recent SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must ensure the e-mail submission is virus-free. The government will follow FAR 14.406 if an e-mail bid is unreadable. Part 15 is not applicable to this acquisition.

Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 13A of the SF 1442 ('...in original and copies..."). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission. Mailing a bid guarantee is not allowed.

2. INFORMATION TO BE PROVIDED WITH BID

(A) Solicitation (SF-1442)

1. SF-1442 duly executed with an original signature by authorized official

2. Included the offerors UEI number in Block 14

3. Acknowledgement of any amendments on the Standard Form 30 (SF-30)

4. Bid Schedule (Section 00 10 00 - Solicitation)

(B) Bid Bond

1. Bid Bond shall be submitted on Standard Form 24 (SF 24); See FAR Clause 52.228-1 in Section 00 21 00.

2.1 INFORMATION FOR MODIFYING BIDS

If a bidder needs to modify its bid, the bidder shall send the revised offer by e-mail before the date submitted within Block 13 of the SF 1442 or Block 14 of the most recently issued SF 30 applicable.

2.2 BID EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.

2.3. ACCURACY IN BIDS

Bids must set forth full, accurate, and complete information as required by this IFB, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

3. BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by Teams Meeting at 3:00 pm Central Time when the bids are due. The government scheduled the bid opening an hour after the due time to allow enough time to download all e-mail documents. The USACE Omaha District will not accept any hard copy documentation submitted in response to this invitation for bids.

Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer Nadine Catania, Contracting

Officer Nadine.L.Catania@usace.army.mil and Contract Specialist Clinton Russell, clinton.e.russell@usace.army.mil no later than the close of business 24 hours prior to the bid due date and time. Please reference "W9128F26BA003, Big Bend Lower Brule North Ecosystem Restoration Project" in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

3.1 ARITHMETIC DISCREPANCIES

Any clerical mistake, including arithmetic discrepancies in a bid, will be handled according to FAR 14.407-2. Any clerical error, apparent on its face in the offer, may be corrected by the contracting officer before award, but only after first obtaining bidder verification of the bid intended. The following are examples of mistakes that may be fixed:

Obviously misplaced decimal points;

Discrepancies between unit price and extended price (unit price will govern);

Apparent errors in extension of unit prices;

Apparent errors in addition of lump sum and extended prices.

4. SOLICITATION RESTRICTIONS:

SOLICITATION OF BIDS WILL BE RESTRICTED TO 100% SMALL BUSINESS SET ASIDE CONCERNS

5. BASIS FOR AWARD

In accordance with 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 21 00 (Instructions), 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 Government, considering only price and the price-related factors specified elsewhere in the solicitation.

6. DESCRIPTION OF WORK

The project is located along the left descending bank of Lake Sharpe upstream of the Lower Brule, SD town site. Lower Brule North Element 1 Phase 2 includes 100-foot-wide riparian planting bench, gravel maintenance path, stone-toe revetment to protect the shoreline from erosion, 920-foot-long L-head dike to protect a 2-acre peninsula. Related tasks include earth moving, grading, bank shaping, rock installation, water management, fill, and topsoil placement.

7. ESTIMATED CONSTRUCTION COST

The estimated magnitude of construction is between $10,000,000 and $25,000,000.

8. BID GUARANTEE

See 52.228-1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney-in-fact with authority to bind the surety. At the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation. A power of attorney must include a certification as to the authority of the surety's agents supported by a resolution of the surety authorizing their use and committing it bound by them. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-24 is not required. Mailing a bid guarantee is not allowed.

9. PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions).

The performance bond must be on SF-25, and the payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-25 or SF-25A is not required.

10. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. The government will post all solicitation documents to https://www.

sam.gov/. The bidder is responsible for checking the website for amendments.

To view a list of interested vendors and receive notifications or e-mail of changes regarding the solicitation, bidders must register as vendors on the website listed above. If a bidder is already registered, enter the user name and password to log in and search for the solicitation number. If you wish for general contractors, subcontractors, suppliers, plan rooms, or print shops to have the ability to contact you, click on the "Add Me to Interested Vendors" for this solicitation.

11. REJECTION OF BIDS

The government will handle the rejection of bids per FAR 14.404. The government may reject an offer if the prices for line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques. See also 52.214- 19 Contract Award- Sealed Bidding-Construction in Section 00 72 00 (General Conditions) for additional information.

12. NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statute shall be permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements, if included in the solicitation. A bid offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. When a bidder proposes to furnish nondomestic construction material, his bid must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid, unless allowed under Trade Agreements, if included in the solicitation.

All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-9 Buy American Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American statute. It is the Contractor's responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications and Buy American statute requirements of the solicitation.

12.1 FEDERAL, STATE AND LOCAL TAXES

The bidder is responsible for investigating applicable federal, state, and local taxes and any specific exemptions that may exist and includes applicable Value-Added Taxes (VAT), sales, use, and excise taxes. Contractors are reminded to include any Tribal fees and taxes in their bid. See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions).

12.2 TAXES - STATE OF SOUTH DAKOTA

EXCISE TAX - There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

Contact the South Dakota Department of Revenue.

INFORMATION - The "excise" taxes shall be included in the price or prices bid. For information concerning the taxes contact: http://dor.sd.gov/

13. BIDDER'S QUESTIONS AND COMMENTS

Bidders must submit questions and comments relative to the bidding documents via Bidder Inquiry as indicated below.

Bidders may submit questions and comments relative to any proprietary concerns or bidding documents, or if the Bidder Inquiry system is out of service, to the individuals below:

Contract Specialist - Primary POC:

Clinton Russell

Clinton.E.Russell@usace.army.mil

Contracting Officer - Secondary POC:

Nadine Catania

Nadine.L.Catania@usace.army.mil

14. BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, ten calendar days before bid opening, to allow the government time to respond before receipt of bids or issue an amendment.

Technical inquiries and questions relating to technical requirements, bidding procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ , in No Later Than 3pm Central Time on 2 December 2025 order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

Bidders must use the Bidder Inquiry Key and instructions below to submit and review inquiry items. A bidder who enters a comment/question will receive an acknowledgment of their comment /question by e- mail, followed by an answer to the comment/question after the government has processed it.

The government will make available all timely questions and approved answers in ProjNet.

The Project Name is: Big Bend Lower Brule Bank Stabilization

The Solicitation Number is: W9128F26BA003

The Bidder Inquiry Key is: 2TQ5SW-29XRZ4

i. Registration for ProjNet Bidder Inquiry Access

From the ProjNet home page listed above, click on Quick Add on the upper right side of the screen.

Select USACE for the Agency.

Enter the Bidder Inquiry Key above.

Enter the primary e-mail address to use for communication for.

Check the "I agree to the Privacy & Security Notice" box and click Continue. A page will open saying that a user account was not found and will ask you to create one using the provided form.

Enter your First Name, Last Name, Company, City, State, Phone, E-mail, Secret Question, Secret Answer, and Time Zone. Bidders will use the answer to the Secret Question from this point on to access the ProjNet system.

Click Add User. Once completed, ProjNet registration is complete, and the bidder is logged into the system.

ii. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

For future access to ProjNet, bidders will not receive a password by e-mail. Bidders will utilize the Secret Question and Secret Answer to log in.

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

Select USACE for the Agency.

Enter the Bidder Inquiry Key above.

Enter the primary e-mail address used to register.

Check the "I agree to the Privacy & Security Notice" box and click Continue. A page will then open asking you to enter the answer to your Secret Question.

Enter your Secret Answer and click Login. Once complete, the bidder is logged into the system.

Follow online screen instructions to enter specific bidder inquiries for the project.

iii. The Bidder Inquiry System will be unavailable for new inquires starting four (4) calendar days before bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

iv. Bidders are requested to review the plans and specifications in their entirety and review the Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

v. The call center operate weekdays from 8 am to 5 pm Central Standard Time Zone (Chicago). The telephone number for the call center is 800-428-

HELP.

vi. Bids will be publicly opened electronically. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids. The bid abstract will be posted to https://www.sam.gov.

15. INSURANCE REQUIRED

In accordance with far 52.228-5 Insurance - Work on a Government Installation; the Contractor shall procure the following minimum insurance:

Type Amount

Workmen's Compensation and Employer's Liability Insurance $100,000

General Liability Insurance $500,000 per occurrence

Automobile Liability Insurance

Bodily injury $200,000 per person and $500,000 per occurrence

Property damage $20,000 per occurrence

16. AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening via an e-mail to the designated e-mail address. The bid abstract will be posted on www.

SAM.GOV.

-- End of Section --

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

FAR Clauses Incorporated by Full Text

52.216-1 Type of Contract. (Tailored) (Apr 1984)

Type of Contract (Apr 1984)

The Government contemplates award of a construction contract resulting from this solicitation.Firm Fixed Price

(End of provision)

52.228-1 Bid Guarantee. (Tailored) (Sep 1996)

Bid Guarantee (Sept 1996)

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

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

To unsuccessful bidders as soon as practicable after the opening of bids; and(1)

To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as (2) required by the bid as accepted.

The amount of the bid guarantee shall be of the bid price or whichever is less.(c) twenty (20) percent ,$3,000,000.00

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

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

(End of clause)

52.233-2 Service of Protest. (Tailored) (Sep 2006)

Service of Protest (Sept 2006)

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

USACE - Omaha District c/o Nadine Catania, Contracting Officer

1616 Capitol Avenue

Omaha, Nebraska 68102-4901

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

(End of provision)

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

Site Visit (Construction) (Feb 1995)

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

An Organized site visit has been scheduled for--(b)

November 24, 2025 at 11:00 am (Central Time)

(c) Participants will meet at --

Wata Onazin Park in Lower Brule, SD

** to Nadine Catania Contractors shall submit the name, email address, and company represented for each individual attending the site visit and Clinton Russell via email at and , respectively. Contractors shall Nadine.L.Catania@usace.army.mil Clinton.E.Russell@usace.army.mil submit this information by .2:00pm (Central Time) on November 21, 2025

(End of Provision)

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

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

www.acquisition.gov

(End of provision)

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

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the (a) addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of (b) DFARS 2 "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023

Section 00 45 00 - Representations and Certifications

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-2 Certificate of Independent Price Determination. Apr 1985

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

Sep 2024

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

Jan 2017

52.204-17 Ownership or Control of Offeror. Aug 2020 52.204-20 Predecessor of Offeror. Aug 2020

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

Nov 2021

52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 52.209-5 Certification Regarding Responsibility Matters. Aug 2020 52.209-7 Information Regarding Responsibility Matters. Oct 2018 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov 2021 52.219-2 Equal Low Bids. Oct 1995 52.222-38 Compliance with Veterans' Employment Reporting Requirements. Feb 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. Dec 2016

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

Jun 2020

52.229-12 Tax on Certain Foreign Procurements. Feb 2021

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (Tailored) (Jan 2025)

Annual Representations and Certifications (Jan 2025)

(a)

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

(2) The small business size standard is .$45,000,000.00

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

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

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

(i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

(xiv) 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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision 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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

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

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

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

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

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

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

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

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

[ ]Contracting Officer check as appropriate.

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

52.204-20, Predecessor of Offeror.(ii)

52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)

52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (iv) Equipment- Certification.

52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.(v)

52.227-6, Royalty Information.(vi)

Basic.(A)

Alternate I.(B)

52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov.

After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [

]. These amended representation(s) and/or certification(s) are also offeror to insert changes, identifying change by clause number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023)

Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.219-1 Small Business Program Representations. (Feb 2024)

Small Business Program Representations (Feb 2024)

(a) . As used in this provision-Definitions

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) , as used in this definition, means a veteran as defined in 38 U.S.C.101(2), with a disability that is service-connected, as Service-disabled veteran defined in 38 U.S.C.101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or Affiliates a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with , means a small business concern under the size standard applicable to the 13 CFR 124.1001 acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at ) by-13 CFR 124.105

(i) One or more socially disadvantaged (as defined at ) and economically disadvantaged (as defined at ) individuals 13 CFR 124.103 13 CFR 124.104 who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at ; and13 CFR 124.104(c)(2)

(2) The management and daily business operations of which are controlled (as defined at ) by individuals who meet the criteria in 13 CFR 124.106 paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

(2) The small business size standard is .$45,000,000.00

(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 ( , nonmanufacturer), is 500 employees, or 150 employees for information i.e.

technology value-added resellers under NAICS code 541519, if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that-

(i) it is, is not a small business concern; or

(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]____________

(2) [ ] The offeror represents that it is, Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.

is not, a small disadvantaged business concern as defined in .13 CFR 124.1001

(3) [ The offeror represents as part of Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] its offer that it is, is not a women-owned small business concern.

(4) The offeror represents as part of its offer that it is, is not a Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]____

(5) The offeror represents as part of its offer that it is, is not a Economically disadvantaged women-owned small business (EDWOSB) joint venture.

joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).