W9128F26RA079.pdf
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- Bear Creek Service & Emergency Gates Replacement
- Solicitation number
- W9128F26RA079
About this file
This is a Request for Proposal (RFP) for the Bear Creek Service and Emergency Gates Replacement project at Bear Creek Dam in Lakewood, Colorado. The work involves fabricating and installing two new service gates and two new emergency gates, replacing mechanical components including gate seals, packing seats, and low-flow gate hydraulic cylinders, and sandblasting and repainting steel liners and gate slots inside the flood tunnel. The contractor must also replace hydraulic oil piping and redesign and fabricate low-flow gate cylinders with shop testing and field operational testing. The estimated construction cost is between $1,000,000 and $5,000,000, and the contract is a 100% small business set-aside with a firm fixed-price structure. Proposals are due by 2:00 PM MST on June 8, 2026, and must be submitted electronically to the Contract Specialist and Contracting Officer. Performance is mandatory to begin within 10 calendar days of receiving notice to proceed and must be completed within 640 calendar days of award.
The RFP evaluation will be conducted on a best-value tradeoff basis with three primary factors: Past Performance (Factor 1, equal weighting), Technical Approach (Factor 2, equal weighting), and Price (Factor 3, significantly less important than the combined technical factors). Offerors must submit three relevant past performance projects involving gate, bulkhead, or steel structure fabrication and installation completed within ten years, with narratives not exceeding two pages each. The technical approach must include a detailed Project Management Plan (maximum 20 pages) demonstrating understanding of work restrictions, phasing, quality control methods, equipment, removal and installation procedures, risk mitigation strategies, and a Gantt chart schedule. The fabricator must be certified under the AISC Quality Certification Program (Major Bridge, Advanced, Intermediate, or Hydraulic with Fracture Critical endorsement), and the paint contractor must hold SSPC QP3 or AISC sophisticated paint endorsement with certified inspectors. The pricing schedule requires individual CLIN prices for five basic items and nine optional items, including mobilization/demobilization, gate fabrication, mechanical installation, conduit rehabilitation, asbestos testing and abatement, and lead abatement. The solicitation is issued by the Department of the Army Corps of Engineers Engineering District Omaha, with site visits scheduled for May 18, 2026, and a mandatory pre-award bonding survey requirement.
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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
BC SERVICE AND EMERGENCY GATES REPLACEMENTInstrument Name:
THE OFFEROR HEREBY AGREES TO DO ALL WORK DESCRIBED IN THE DOCUMENTS
ENTITLED: BC SERVICE AND EMERGENCY GATES REPLACEMENT RETURN WITH OFFER:
INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND
SECTION 00 45 00. THIS SOLICITATION IS RESTRICTED TO SMALL BUSINESS SET ASIDE
ONLY MAGNITUDE OF CONSTRUCTION: BETWEEN $1,000,000 AND $5,000,000 ALL
OFFERS MUST BE RETURNED ELECTRONICALLY. SEE SECTION 00 21 00 INSTRUCTIONS
TO OFFERORS FOR INSTRUCTION ON SUBMITTING OFFERS.
W9128F26RA079
Identifier Document Name
Document Description
Reference Identifier
Date Line Item
Page Numbers
Document Type
Provided Under Separate Cover
0001 Section 00 10 00 Pri cing Sched ule RV 4.2 1.26
SECTION 00 10
00 PRICING
SCHEDULE
Apr
2 Attachment No
0002 Section 00 21 00 Ins tructions to Offeror s RV
5.6.2 026
SECTION 00 21
INSTRUCTIONS
TO OFFERORS
May
4 Attachment No
0003 Section 00 22 00 Sub mission Re quirements , Evaluati on, and Ba sis for Aw ard
SECTION 00 22
00 SUBMISSION
REQUIREMENTS,
EVALUATION,
AND BASIS FOR
AWARD
Mar
19 Attachment No
0004 DBA WD #
C O20260002 Heavy Mod
Wage Determination
Jan
7 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 Mobilization and Demobilization Pricing Arrangement: Firm Fixed Price
1 Job
0002 Fabricate 2 new service gates Pricing Arrangement: Firm Fixed Price
1 Job
0003 All plant, material, equipment, and labor to complete mechanical work and installation of 2 service gates Pricing Arrangement: Firm Fixed Price
1 Job
0004 All plant, material, equipment, and labor to complete conduit rehab work including sandblast and repaint 2 service gate slots.
Pricing Arrangement: Firm Fixed Price
1 Job
0005 All other work Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Fabricate and deliver 2 new emergency gates Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
All plant, material, equipment, and labor to complete sandblast and repaint 2 emergency gate slots.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
All plant, material, equipment, and labor to complete mechanical work and installation of 2 emergency gates.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
All remaining work.
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Mobilization and demobilization Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Asbestos sample test Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Asbestos Abatement Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Lead abatement Pricing Arrangement: Firm Fixed Price
1 Job
Section 00 21 00 - Instructions
FAR Provisions Incorporated by Reference
52.204-22 Alternative Line Item Proposal (January 2017)
52.236-27 Site Visit (Construction)
*** 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)
2026-02
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)
2026-02
52.225-10 Notice of Buy American Requirement-Construction Materials.
2014-05
52.232-28 Invitation to Propose Performance-Based Payments.
2000-03
52.233-2 Service of Protest. (Deviation) 2026-02
DFARS Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
2023-11
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
252.215-7016 Notification to Offerors- Postaward Debriefings.
2025-10
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.215-1 Instructions to Offerors- Competitive Acquisition.
(Deviation)
2026-02
Instructions to Offerors-Competitive Acquisition (Feb 2026) (Deviation)
(a) Definitions. As used in this provision-
In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
Proposal modification is a change made to a proposal before the request for proposal closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to material elements of a proposal made after the request for proposal closing date, at the request of or as allowed by a Contracting Officer, as the result of negotiations.
Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to requests for proposals. If this request for proposal (RFP) is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this RFP by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1)
(i) Proposals and modifications to proposals shall be-
(A) Submitted using the method and the format specified in the RFP;
(B) Addressed to the office specified in the RFP; and
(C) Showing the time and date specified for receipt, the RFP number, and the name and address of the offeror.
(ii) Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i)(B) and (C) of this provision.
(2) The first page of the proposal must show-
(i) The RFP number;
(ii) The name, address, and telephone number of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFP and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone number (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this RFP;
and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3)
(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the RFP by the time specified in the RFP. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)
(A) Any proposal, modification, or revision received at the Government office designated in the RFP after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(1) If it was transmitted through an electronic commerce method authorized by the RFP, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the RFP, and urgent Government requirements preclude amendment of the RFP, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the RFP on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral RFPs may be withdrawn orally. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the RFP, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this RFP in English, unless otherwise permitted by the RFP, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the RFP.
(6) Offerors may submit modifications to their proposals at any time before the RFP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this RFP will be valid for the number of days specified on the RFP cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-
(1) Mark the title page with the following legend:
Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of, or in connection with, the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this RFP to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the RFP.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without negotiations with offerors (except clarifications as described in FAR 15.202(b)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint.
The Government reserves the right to conduct negotiations if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly evaluated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(8) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(9) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(10) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weaknesses or deficiencies in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the RFP, applicable regulations, and other applicable authorities were followed by the agency.
(vii) For DoD contracts in excess of $10 million but not in excess of $100 million with a small business or nontraditional defense contractor (10 U.S.C. 3014), an option for the contractor to request disclosure of the agency's written source selection decision document, redacted to protect the confidential and proprietary information of other offerors for the contract award.
(viii) For award of a DoD contract in excess of $100 million, disclosure of the agency's written source selection decision document, redacted to protect the confidential and proprietary information of other offerors for the contract award.
(End of provision)
52.216-1 Type of Contract. (Deviation) 2026-02
Type of Contract (Feb 2026) (Deviation)
The Government contemplates award of a Firm Fixed Price[Contracting Officer insert specific type of contract] contract resulting from this solicitation.
52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
2014-05
Notice of Buy American Requirement-Construction Materials Under Trade Agreements (May 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
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________[Insert one or more Internet addresses]
52.252-3 Alterations in Solicitation. 1984-04
Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
https://www.acquisition.gov/browse/index/far ____ ____
(End of clause)
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(b) Defense Federal Acquisition Regulation 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
DFARS Provisions Incorporated by Full Text
Number Title Effective Alternate Variation
Date Deviation Effective Date
252.215-7008 Only One Offer. 2022-12
ONLY ONE OFFER (DEC 2022)
(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-
(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and
(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.
(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.
S. Contracting Officer that the proposed price is fair and reasonable ____[U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
Section 00 21 16 - Instructions to Proposers
52.204-16 Commercial and Government Entity Code Reporting (August 2020)
*** END OF NARRATIVE ***
Section 00 45 00 - Representations and Certifications
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (November 2021)
52.204-26 Covered Telecommunications Equipment or Services-Representation (October 2020)
*** END OF NARRATIVE ***
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
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
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
2022-08
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
52.209-7 Information Regarding Responsibility Matters.
Information Regarding Responsibility Matters (Feb 2026) (Deviation)
(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).
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
Commencement, Prosecution, and Completion of Work - Construction (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 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 640 days after award.
(End of condition)
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 may be 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 ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
(End of condition)
FAR Clauses Incorporated by Reference
52.204-18 Commercial and Government Entity Code Maintenance (August 2020)
52.204-27 Prohibition on a ByteDance Covered Application (June 2023)
52.211-10 Commencement, Prosecution, and Completion of Work (April 1984)
52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)
52.225-13 Restriction on Certain Foreign Purchases (February 2021)
52.236-1 Performance of Work by the Contractor (April 1984)
52.236-26 Preconstruction Conference (February 1995)
52.236-28 Preparation of Proposals-Construction (October 1997)
*** END OF NARRATIVE ***
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.222-3 Convict Labor. (Deviation) 2026-02
52.222-7 Withholding of Funds. (Deviation) 2026-02
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation)
2026-02
52.240-91 Security Prohibitions and Exclusions. (Deviation)
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.204-8 Annual Representations and Certifications. (DEVIATION 2025- O0003 and 2025-O0004)
2025-03 Deviation 2025- O0004
2025-03
Annual Representations and Certifications (MAR 2025)(DEVIATION 2025-O0003 and 2025- O0004)
(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) [Reserved]
(xv) [Reserved]
(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) [Reserved]
(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 (iv) Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
52.222-52, Exemption from Application of the Service Contract Labor Standards to (v) Contracts for Certain Services-Certification.
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 [offeror to insert changes, ]. These amended representation(s) and/or identifying change by clause number, title, date certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.217-7 Option for Increased Quantity- Separately Priced Line Item.
1989-03
Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 . Delivery of days added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
Section 00 72 00 - General Conditions
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
52.203-7 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
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-9 Personal Identity Verification of Contractor Personnel.
2011-01
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation)
2026-02
52.210-1 Market Research. (Deviation) 2026-02
52.213-4 Terms and Conditions-Simplified Acquisitions (Noncommercial).
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation)
2026-02
52.219-9 Small Business Subcontracting Plan. (Deviation)
2026-02
52.219-16 Liquidated Damages- Subcontracting Plan. (Deviation)
2026-02
52.222-6 Construction Wage Rate Requirements. (Deviation)
2026-02
52.222-8 Payrolls and Basic Records.
(Deviat…
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