Construction_Specifications_and_Solicitation-1.pdf

US Army Corps of Engineers Kansas City District Building Strong

Non Federal Levee Rehab Saline County Levee District #2, Ray Carroll, & Howard County Levee District #4

As Advertised

Construction Specifications and Solicitation

April 2026

W912DQ26BA005

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TC-1

DEPARTMENT OF THE ARMY

Kansas City District, Corps of Engineers 647 Federal Building

Kansas City, Missouri 64106

SPECIFICATIONS FOR CONSTRUCTION OF

Saline County Levee District #2, Ray Carroll, and Howard County Levee District #4 in Missouri

COVER

SECTION

00 00 00 00 01 15 00 10 00 00 21 00 00 21 13 00 45 00 00 70 00 00 72 00 00 73 00

TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

TITLE

PROCUREMENT AND CONTRACTING REQUIREMENTS

LIST OF DRAWING SHEETS

SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

INSTRUCTIONS

INSTRUCTIONS TO BIDDERS

REPRESENTATIONS AND CERTIFICATIONS

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 32 16.01 23 PROGRESS CHART (KCD)

01 33 00 SUBMITTAL PROCEDURES

01 35 26 01 42 00

GOVERNMENTAL SAFETY REQUIREMENTS

SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19

31 41 16

TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 31 – EARTHWORK

METAL SHEET PILING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19 SEEDING

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 41 00 LEVEE CONSTRUCTION

-- End of Project Table of Contents --

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(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

Created On:

23 Apr 2026, 10:48 AM Central Daylight Time

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

Saline LD#2/Ray-Carroll Bottomsv CLD/Howard Co. LD#4Instrument Name:

The Army Corps of Engineers, Kansas City District has need for construction services for levee repair at the following sites: Saline County Levee District #2, Ray Carroll Levee, and Howard County Levee District #4.The scope of work consists of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction to potentially include, but not limited to earthwork operations, bringing in fill and borrow material from a pre-determined site, haul road development, clearing of debris as necessary, erosion repair, rutting repair, levee surfacing, various stone surfacing/placement, installation of stone armored protection, installation and rehabilitation of drainage structures and associated apertures, and establishment of turf for repairs of compromised landside, riverside, and crown levee sections.

Points of Contact

Title Name Phone Email

Contracting Officer Laura Hedrick (816) 389-3023 Laura.L.Hedrick@usace.army.mil

Contract Specialist Nathaniel Leyba (816) 389-2281 Nathaniel.J.Leyba@usace.army.mil

*** END OF NARRATIVE ***

Section 00 01 15 - List of Drawing Sheets

Supplemental Bid Schedule

*** END OF NARRATIVE ***

Identifier Document Name

Document Description

Reference Identifier

Date Line Item

Page Numbers

Document Type

Provided Under Separate Cover

0001 Supplement al Bid Sch edule

Supplemental Bid Schedule

Mar

1 Attachment No

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

Additional Information/Notes

CAUTION PAGE

BEFORE SIGNING AND EMAILING YOUR BID, please take note of the following, as failure to perform any one of these actions may cause your bid to be rejected.

1. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact our office.

2. AMENDED BID PAGES: If any of the amendments furnished amended bid pages, the amended bid pages must be used in submitting your bid.

3. BID GUARANTEE: Sufficient bid guarantees should be submitted using the latest version of Standard Form (SF) 24 and must be furnished with your bid, if your bid exceeds $150,000.

4. MISTAKE IN BID: Have you reviewed your bid prices for possible errors in calculations or work left out?

5. FACSIMILE BIDS AND MODIFICATIONS: Will not be considered. Facsimile withdrawals will be considered.

6. BUY AMERICAN ACT: All bidders are cautioned that, prior Government conduct not with standing, the Contractor's selection of a domestic construction material which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American Act. It is the Contractor's responsibility to verify, prior to submitting the materials for approval, which each system can be built to meet the contract specifications without the use of foreign construction materials.

7. SUBMISSION OF BIDS AND BID OPENING: Electronic bids are REQUIRED. Mailed and hand-delivered bids are NOT ALLOWED. The Contractor is required to ensure that the bid package is legible and complete. Bid bonds shall be copied to where the seals are legible. To submit your bid, see Submission Requirements Section of this solicitation. If bid packages are not received by the Government recipient by the date and time specified for the bid opening, it may be considered late. Refer to RFO 52.214-7 for how late bid packages are handled.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): In accordance with RFO 52.204-7, by submission of a bid, the contractor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the contractor does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered contractor. Contractors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov /SAM/. It is highly encouraged that all prospective contractors start their SAM registration process as soon as possible. SAM.GOV

REGISTRATION IS FREE OF CHARGE.

PER RFO 4.203-1(b), CONTRACTORS MUST BE REGISTERED IN THE SAM DATABASE AT

THE TIME A BID IS SUBMITTED. AFTER A BID IS SUBMITTED AND A CONTRACTOR IS

FOUND NOT REGISTERED IN THE SAM DATABASE, THE CONTRACTING OFFICER WILL

PROCEED WITH AWARD TO THE NEXT SUCCESSFUL CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link to https://sam.gov/content/entityregistration register.

PLEASE NOTE: CONTRACTORS ARE REQUIRED TO FILL OUT ALL NECESSARY AND

REQUIRED PROVISIONS OR CLAUSES THAT ARE ASSOCIATED WITH THIS CONTRACT. IF

YOUR SAM REGISTRATION DOES NOT SHOW COMPLETED FILL-IN PROVISIONS AND

CLAUSES THAT ARE ASSOCIATED WITH THIS CONTRACT, THE FILL-IN PROVISIONS AND

/OR CLAUSES SHALL BE COMPLETED AND SUBMITTED WITH YOUR BID PACKAGE.

If you have questions about Government procurements in general or need assistance in the preparation of your bid, a local APEX Accelerator, formerly known as Procurement Technical Assistance Centers, may be able to help. The APEX Accelerator was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate an APEX Accelerator near you, go to http://www.aptac-us.org/sam-registration/. THIS IS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE U.S.

GOVERNMENT.

MAGNITUDE OF PROJECT

The magnitude of this project is represented by the following estimated price range: Between $250,000 and $500,000.

*** END OF NARRATIVE ***

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Saline County Levee District #2 Repair Contractor shall provide labor, equipment, material, and personnel necessary to repair levee in accordance with the plans and specs.

Product Service Code: Y1PC Pricing Arrangement: Firm Fixed Price

1 Job

W912DQ26BA005

https://sam.gov/content/entityregistration

0002 Howard County Levee District #4 Contractor shall provide labor, equipment, material, and personnel necessary to repair levee in accordance with the plans and specs.

Product Service Code: Y1PC Pricing Arrangement: Firm Fixed Price

1 Job

0003 Ray Carroll Levee District Repair Contractor shall provide labor, equipment, material, and personnel necessary to repair levee in accordance with the plans and specs.

Product Service Code: Y1PC Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 21 00 - Instructions

SUBMISSION REQUIREMENTS

All bids are due by: SEE BLOCK 13, on front page.

The Virtual bid opening will begin at the DATE AND TIME specified in Box 13 A.

Electronic bids are REQUIRED. Mailed and hand-delivered bids are NOT ALLOWED.

The Contractor is required to ensure that the bid package is legible and complete. Bid bonds shall be copied and scanned so that all required raised seals are legible.

This requirement will be synopsized and solicited, and bids will be received, through the Procurement Integrated Enterprise Environment (PIEE) System Solicitation Portal. In order to submit a bid for this requirement through the PIEE Solicitation Portal, Contractors will first need to register for the PIEE 'Proposal Manager' role.

How to Register:

1. Navigate to https://wawf.eb.mil/

2. Select Register [topright]

3. Select Vendor

4. Create a User ID and Password and follow the prompts [next]

5. Create Security Questions [next]

6. Complete your User Profile Information [next]

7. Complete your Supervisor or Approving Official Information [next]

8. Complete Roles -Step 1. Select SOL-Solicitation, Step 2. Select Proposal Manager, Step 3.

Click Add Roles, Step 4. Fill in your Location Code (CAGE Code) [next]

9. Provide a justification for your registration [next]

10. Follow the remaining prompts to submit your registration

To learn more about the PIEE Solicitation Portal and for training/instructions on submitting your bid, please visit the Web Base Training Page below: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol /solicitation/proposals.xhtml

This IFB will result in one Firm-Fixed-Price contract.

W912DQ26BA005

https://wawf.eb.mil/

Submit one (1) copy of the following in your bid package:

1. Bid schedule - complete with your bid amount

2. Supplemental Bid Schedule - complete by fully entering all amounts

3. Ensure all Amendments are acknowledged

4. Bid Bonds - (Copied with raised seal is legible) required with your submission

5. Provisions/clauses are filled out that have not been acknowledged in SAM registration

6. Field Office Overhead shall be selected per specification SECTION 01 30 00 Paragraph 1.16

7. Ensure Bid is reviewed and signed by a Principal of your company with authority to do so

Bid Opening

The bid opening will be held electronically. There will be a conference phone line available for all who are interested in attending the bid opening. The following information will be needed if you would like to call in for the bid opening:

Microsoft Teams Link: https://dod.teams.microsoft.us/meet/993843063329?p=ojVRelIphOWtjjsaI9

Meeting ID: 993 843 063 329

Passcode: US3iQ9Hm

Dial in by phone: +1 601-262-2433

Phone conference ID: 346 248 720#

If you have any questions, or cannot gain access to the conference line, contact Contract Specialist at (816) 389-2281.

INQUIRIES/QUESTIONS/PLANROOM FOR DRAWINGS

Prospective Bidders shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

To submit and review bid inquiry items, Contractors will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned webpage and click on Register.

Select Agency: USACE, then select Site: Contractor. Complete the required fields and then click the Register button.

W912DQ26BA005

https://dod.teams.microsoft.us/meet/993843063329?p=ojVRelIphOWtjjsaI9

If you are registered, enter the Managing Agency: USACE, your email address, and the Bidder InquiryKey for this solicitation listed below, check the security box, and then click Sign in. From this page, you may view all bidder inquiries or add a new inquiry.

Bidders will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team. ***Please Note: Bidders shall only submit one (1) question per inquiry. All inquiries containing multiple questions shall be rejected***

The Solicitation Number is: W912DQ26BA005

The Bidder Inquiry Key is: MBS88V-6NJ3BT

The Bidder Inquiry System will be unavailable for new inquiries after May 12, 2026, at 2PM CDT in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation, if necessary. Bidders are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The telephone number for the Call Center is (833) 389-1097 or (217) 367-3273. Email to:

staff@projnet.info.

*** 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 Bidders.

1984-04

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

(Deviation 2026-O0038)

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

52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort. (Deviation 2026-O0038)

2026-02

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

252.215-7013 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 $3,000,000.00 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):

Revolutionary FAR Overhaul (RFO) https://www.acquisition.gov/far-overhaul

Defense Federal Acquisition Regulation Supplement (DFARS) https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(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.

W912DQ26BA005

https://www.acquisition.gov/far-overhaul https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of provision)

Section 00 21 13 - Instructions to Bidders

PARTNERING WITH US

DEFINITIZATION OF REQUESTS FOR EQUITABLE ADJUSTMENTS RELATED TO CHANGE

ORDER UNDER CONSTRUCTION CONTRACTS: A description of agency policies and procedures that apply to equitable adjustments for change orders under construction contracts as well as data on the agency's past performance regarding the time required to definitize equitable adjustments can be found on the USACE agency website Partnering With Us (https://www.usace.

army.mil/Business-With-Us/Partnering/). The website includes the Construction Project Partnering Playbook, the Construction Contract Modification Process, Construction Contract Modification Process Past Performance Data, and the Firm-Fixed-Priced Contract Changes Playbook.

*** END OF NARRATIVE ***

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

252.225-7055 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

252.232-7016 Notice of Progress Payments or Performance-Based Payments.

2020-04

FAR Provisions Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective Date

52.209-13 Violation of Arms Control Treaties or Agreements- Certification. (Deviation 2026- O0038)

Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026-

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

[ ] (1) The Offeror certifies that-

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.

2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act

(22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

[ ] (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there.

Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7017 Prohibition on the Acquisition of 2021-05

Covered Defense Telecommunications Equipment or Services-Representation.

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

Antiterrorism/Operation Security (AT/OPSEC)

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness trainingcontributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

*** END OF NARRATIVE ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

2020-06 Deviation 2022- O0001

2021-10

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

2026-02

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

2026-02

52.222-9 Apprentices and Trainees.

(DEVIATION 2025-O0003)

2005-07 Deviation 2025- O0003

2025-03

52.223-23 Sustainable Products and Services. (DEVIATION 2025- O0004)

2024-05 Deviation 2025- O0004

2025-03

52.228-11 Pledges of Assets (DEVIATION 2020-O0016)

2021-02 Deviation 2020- O0016

2020-04

52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025- O0003)

2025-10 Deviation 2025- O0003

2025-03

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)

52.228-15 Performance and Payment Bonds-Construction (Deviation 2020-O0016)

2020-06 Deviation 2020- O0016

2020-04

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-

O0016)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or…