W9128F26BA019 Road Maintenance IDCC at Oahe SD.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

I

I

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

I

► I □ □ I

Section 00 00 00 - Procurement and Contracting Requirements

Oahe Indefinite Delivery Construction Contract (IDCC) Road MaintenanceInstrument Name:

IDIQ SATOC Road Rehab (2026) Oahe Dam Provide all plant, labor, tools, equipment, and materials (except as indicated otherwise in the specifications) and perform all work in strict accordance with the plans and specifications required for the Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). Total contract capacity is $1.5M. RETURN

WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF 1442), AND SECTION 00

45 00. THIS SOLICITATION IS RESTRICTED TO 100% SMALL BUSINESSES

W9128F26BA019

Section 00 01 15 - List of Drawing Sheets

The list of documents are included in the solicitation as seperate documents.

*** END OF NARRATIVE ***

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 W9128F26BA

019 OA IDC C

Road Mai ntenance 2 026 specs

Statement of Work 13 May

282 Attachment No

0002 00 10 00-B id Schedul e

BID SCHEDULE 28

May

7 Attachment No

0003 DB Wage De t SD202600 01 1.30.20 26

Wage Determination

May

5 Attachment No

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

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 The award will be a 3-year and 8-month ordering period for Road Rehab SATOC at Oahe Dam, SD. Individual Task Orders will be issued by this office using bid schedule. The total contract maximum capacity will be $1.5M and does not subdivide the capacity into yearly or option period amounts. All task orders will be issued against CLIN 0001. Orders will not exceed $1.5M total capacity over life of contract.

Product Service Code: Y1LB North American Industry Classification System (NAICS): 237310 Pricing Arrangement: Firm Fixed Price

1,500,000 null

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

1.1 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 L. Catania, Contracting Officer: nadine.l.catania@usace.army.mil

Karen L. Caskey, Contract Specialist: karen.l.caskey@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F26BA019

b. Bid Due Date and Time: , 2:00 PM Central Time7 July 2026

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.

Bidders should enter a description for every file submitted. Bidders should separate files over 20 megabytes (MB) into smaller files and send separate e-mails. Bidders shall identify each e-mail with the number relative to the total number of e-mails submitted (i.e., "e-mail 1 of 4"). Bidders should request government receipt upon sending all e-mails. Bidders should not assume e-mail submissions are instantaneous and must consider file size and number of files sent. Bidders should send bids at least one hour early to ensure delivery and may send test e-mails to USACE the day before bid opening.

Bidders must be registered in the System for Award Management (SAM) when sending the bid to comply with the annual representations and certifications requirements. The offeror certifies with its offer that the representations and certifications included in SAM are current, accurate, and complete.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

Bidders must include the below information with the bid:

a. Standard Form (SF) 1442 with Blocks 14 through 20c completed and a person's signature authorized to sign. Bidders must include their CAGE Code in Block 14, under "CODE."

b. Bid Schedule (SECTION 00 10 00); and

c. Bid Bond (SF-24).

1.1.2 BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by conference call at 3:00 pm Central Time when the bids are due. The government scheduled the bid opening an hour after the due date to allow enough time to download all e-mail documents. No hard copy documents will be accepted.

1.1.3 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.

1.1.4 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:

(1) Obviously misplaced decimal points;

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

(3) Apparent errors in extension of unit prices;

(4) Apparent errors in addition of lump sum and extended prices.

1.1.5 BASIS FOR AWARD

Per FAR 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.

It will award a contract to the responsible bidder whose offer, conforming to the solicitation, will be most advantageous to the government, considering only price and the price-related factors specified elsewhere in the solicitation.

1.1.6 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.

1.1.7 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.

1.1.8 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.

1.1.9 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.

1.1.10 NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 USC 83 chapter 83, Buy American) generally requires that contractors use only domestic construction material during the performance of this contract.

Exception from the Buy American statute is 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 non-domestic construction material will not be accepted unless specifically approved by the government or authorized under Trade Agreements if included in the solicitation. When a bidder proposes to furnish non-domestic construction material, the bid must set forth an itemization of the quantity, unit price, and intended use of any nondomestic construction material.

1.1.11 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. See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions).

1.1.12 TAXES - STATE OF SOUTH DAKOTA

1.1.12.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts. If applicable, South Dakota's "excise" and "use" taxes shall be included in the price or prices bid. These taxes include, but are not limited to, those imposed pursuant to S.D. Code Chapters 10-46, 10-46A, and 10-46B. For information concerning the taxes contact: http://dor.sd.gov/.

1.1.12.2 USE TAX

Government furnished construction material used by the Contractor in the performance of the work is subject to use tax. The value of the material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government Furnished Property."

1.1.12.3 INFORMATION

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

1.1.13 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 - Karen L. Caskey karen.l.caskey@usace.army.mil

Contracting Officer - Nadine L. Catania nadine.l.catania@usace.army.mil

1.1.13.1 BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, by 4pm Central Time on , to allow the government time to respond before receipt of 1 July 2026 bids or issue an amendment.

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 email, 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 Solicitation Number is: W9128F26BA019

The Bidder Inquiry Key is: Z7RK84-VNZ9PI

a. Registration for ProjNet Bidder Inquiry Access

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

2. Select USACE for the Agency.

3. Enter the Bidder Inquiry Key above.

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

5. 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.

6. 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.

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

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. 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.

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

3. Select USACE for the Agency.

4. Enter the Bidder Inquiry Key above.

5. Enter the primary e-mail address used to register.

6. 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.

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

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

c. 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.

d. The call center operates weekdays from 8 am to 5 pm Central Standard Time Zone (Chicago).

The telephone number for the call center is 800-428-HELP.

1.1.14 AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening on https://www.sam.gov/.

*** END OF NARRATIVE ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.214-3 Amendments to Invitations for Bids. (Deviation 2026-O0038)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation 2026-O0038)

2026-02

52.214-6 Explanation to Prospective 1984-04

Bidders.

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

(Deviation 2026-O0038)

2026-02

52.214-12 Preparation of Bids. 1984-04

52.214-34 Submission of Offers in the English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)

2026-02

52.225-10 Notice of Buy American Requirement-Construction Materials.

2014-05

52.233-2 Service of Protest. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.216-1 Type of Contract. (Deviation 2026-O0038)

2026-02

Type of Contract (Feb 2026) (Deviation 2026-O0038)

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

(End of provision)

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

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

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

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 (2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

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

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

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-5 Authorized Deviations in Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

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

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

(End of provision)

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2024-09

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

2017-01

52.229-12 Tax on Certain Foreign Procurements.

2021-02

DFARS Provisions Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

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

2022-05

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

2023-06

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-2 Certificate of Independent Price Determination.

1985-04

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)

(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(Deviation 2026-O0038)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2026) (Deviation 2026-O0038)

(a) The Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.214-14 Place of Performance-Sealed Bidding.

1985-04

Place of Performance-Sealed Bidding (Apr 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks "intends" in paragraph (a) of this provision, it shall insert in the spaces provided below the required information:

Place of Performance (Street Address, City, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Bidder

52.219-2 Equal Low Bids. (Deviation 2026- O0038)

Equal Low Bids (Feb 2026) (Deviation 2026-O0038)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-7 Withholding of Funds. (Deviation 2026-O0038)

2026-02

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.204-90 Offeror Identification. (Deviation 2026-O0038)

Offeror Identification (Feb 2026) (Deviation 2026-O0038)

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

(b) Unique entity identifier (UEI).

(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.

(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d);

reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:

(1) Taxpayer identification number (TIN)

[ ] TIN: ____;

[ ] TIN has been applied for; or

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government; or

[ ] Offeror is an agency or instrumentality of the Federal Government.

(2) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4; or

[ ] Other.

(3) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or

[ ] Name and TIN of common parent:

Name: ____

TIN: ____

(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.

C. 7701(c)(3)).

(d) Commercial and Government Entity (CAGE) code.

(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word "CAGE" before the code. The Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then… Located in the United States or its outlying areas Submit a request to the DLA CAGE Branch via https://cage.dla.mil Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts) Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(2) The Offeror shall provide the CAGE code and legal business name (Do not use a "doing business as" name) for-

(i) Its immediate owner(s), if any;

(ii) Its highest-level owner, if any; and

(iii) Any predecessor(s), or predecessor of an Offeror's predecessor, that held a Federal contract or grant within the last three years.

Owner Type CAGE Code Legal Business Name Immediate owner ____ ____ Highest-level owner ____ ____ Predecessor* ____ ____

* Predecessor CAGE code may be marked "Unknown."

(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.

Section 00 72 00 - General Conditions

52.211-18 Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as maybe granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall as certain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 (ten) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the specified date or number of calendar days stated in the task order.

(End of clause)

*** END OF NARRATIVE ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent 2014-05

Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)

2026-02

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.204-91 Contractor Identification.

(Deviation 2026-O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.214-18 Preparation of Bids-Construction. 1984-04

52.214-19 Contract Award-Sealed Bidding- Construction.

1996-08

52.214-29 Order of Precedence-Sealed Bidding.

1986-01

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)

2026-02

52.222-1 Notice to the Government of Labor Disputes. (Deviation 2026- O0038)

2026-02

52.222-6 Construction Wage Rate Requirements. (Deviation 2026-

2026-02

52.222-8 Payrolls and Basic Records.

(Deviation 2026-O0038)

2026-02

52.222-9 Apprentices and Trainees.

(Deviation 2026-O0038)

2026-02

52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026- O0038)

2026-02

52.222-11 Subcontracts (Labor Standards).

(Deviation 2026-O0038)

2026-02

52.222-12 Contract Termination-Debarment. 2014-05

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05

52.222-14 Disputes Concerning Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-15 Certification of Eligibility. 2014-05

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in 2026-02

Persons. (Deviation 2026-O0038)

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0038)

2026-04

52.223-5 Pollution Prevention and Right-to- Know Information.

2024-05

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.226-7 Drug-Free Workplace. 2024-05

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.227-1 Authorization and Consent. 2020-06

52.228-2 Additional Bond Security. 1997-10

52.228-11 Individual Surety-Pledge of Assets.

2021-02

52.228-12 Prospective Subcontractor Requests for Bonds.

2022-12

52.228-14 Irrevocable Letter of Credit. 2014-11

52.228-15 Performance and Payment Bonds-Construction.

2020-06

52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee).

2021-02

52.229-3 Federal, State, and Local Taxes. 2013-02

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-15 Progress Payments Not Included. 1984-04

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-27 Prompt Payment for Construction Contracts.

2017-01

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. (Deviation 2026- O0038)

2026-02

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-

2026-02

52.236-2 Differing Site Conditions.

(Deviation 2026-O0038)

2026-02

52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation 2026-O0038)

2026-02

52.236-5 Material and Workmanship.

(Deviation 2026-O0038)

2026-02

52.236-6 Superintendence by the Contractor. (Deviation 2026- O0038)

2026-02

52.236-7 Permits and Responsibilities.

(Deviation 2026-O0038)

2026-02

52.236-8 Other Contracts. (Deviation 2026- O0038)

2026-02

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)

2026-02

52.236-10 Operations and Storage Areas.

(Deviation 2026-O0038)

2026-02

52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)

2026-02

52.236-12 Cleaning Up. (Deviation 2026- O0038)

2026-02

52.236-13 Accident Prevention.