W912DS22B0022 - Solicitation.pdf

Project Title: Green Brook Flood Risk Management Project, Sub-Basin of the Raritan River, Borough of Middlesex, NJ, Segment C2 & H Contract 2

1. Full and Open (Unrestricted) Invitation for Bid (IFB) w ith HUBZone Preference.

2. NAICS Code: 237990 - Other Heavy and Civil Engineering Construction, Size Standard: $39,500,000.00.

3. Project Magnitude: $25,000,000 - $100,000,000.

4. Contract Specialist: Monica Chahary, monica.c.chahary@usace.army.mil, (917) 790-8182.

5. Submit bids no later than 2:00PM EST on 23 September 2022 (or as amended) to:

U.S. Army Corps of Engineers, New York District 26 Federal Plaza, Contracting Division, Room 16-300 New York, NY 10278-0090

Due to heightened security at U.S. Government installations, all Bidders are instructed to allow ample time to get through the security checkpoint in order to have their bids delivered before 2:00PM EST on the date of the bid opening.

X

MONICA C CHAHARY 917-790-8182

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

23-Aug-2022

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Specif ications

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________23 Sep 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

212-264-3013FAX:TEL: 917-790-8026 TEL: FAX:

W912DS22B0022 56

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DS22B0022

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

FOB: Destination

PSC CD: Y1KA

NET AMT

0002 1 Job Maintenance and Protection of Traffic

FFP

0003 1 Job South Lincoln Ave Paving

FFP

0004 1 Job Micropile Load Verification Tests

FFP

0005 1 Job Floorwall (Segments C2 & H)

FFP

0006 1 Job Rolling Closure Gates (Segments C2 & H)

FFP

0007 1 Job Scour Protection Armor at the South

FFP

Lincoln Ave Culverts.

0008 1 Job PSE&G Gas Line Relocations

FFP

Pre-priced at $200,000.00.

$200,000.00

0009 1 Job PSE&G Overhead Electric Line Relocations

FFP

Pre-priced at $200,000.00.

0010 1 Job Verizon Overhead Communications

FFP

Line Relocations. Pre-priced at $100,000.00.

$100,000.00

0011 1 Job New Jersey American Water

FFP

Line Relocations. Pre-priced at $200,000.00.

0012 1 Job Middlesex Borough Sanitary Sewer

FFP

Line Relocation. Pre-priced at $200,000.00.

0013 1 Job Demolition & Utilities

FFP

Demolition of Residential Structure, Basement, Porches, Garage, Pavements, All Appurtenances and Disconnection and Capping of All Utilities On Block 252 Lot 18.

0014 1 Job Demolition - Residential 2,000 SF

FFP

Residential Structure Demolition Up To 2,000 SF.

0015 1 Job Demolition - Residential 2,000 SF

FFP

Residential Structure Demolition Up To 3,000 SF.

0016 1 Job Fuel Tank Removal

FFP

Residential Underground Fuel Tank Removal Up To 2,000 Gallons.

0017 1,533 Square

Foot

Sheet Pile Cut-off Walls

FFP

Estimated Quantities.

0018 1,224 Linear

Micropiles in Overburden Soil

Estimated Quantities.

0019 4,051 Linear

Micropiles in Weathered Shale

Estimated Quantities.

0020 449 Cubic

Yard

Haul and Dispose of Unsatisfactory Material. Estimated Quantities.

0021 112 Cubic

Material Removal

Contaminated Non-Hazardous Material Removal. Estimated Quantities.

0022 104 Cubic

Top Soil

Estimated Quantities.

0023 1,000 Square

Asbestos-Containing Removal

Removal of Asbestos-Containing Surfacing Materials.

Estimated Quantities.

0024 100 Square

Asbestos-Containing Thermal Removal

Removal of Asbestos-Containing Thermal Insulation. Estimated Quantities.

0025 1,000 Square

Misc. Asbestos-Containing Removal

Removal of Miscellaneous Asbestos-Containing Materials. Estimated Quantities.

0026 100 Square

Removal of Lead Paint Coated Materials

Estimated Quantities.

OPTION 1

FOR INFORMATIONAL PURPOSES ONLY

0027AA 1 Job Segment H Levees and Ponds

FFP

0027AB 1 Job Segment H Storm Drainage Structures

FFP

0027AC 1 Job Segment H Scour/Erosion Protection Armor

FFP

0027AD 1 Job New Jersey Transit Railroad Embankment

FFP

Permit and Safety Fees. Pre-priced at $50,000.00.

$50,000.00

0027AE 1 Job Additional Cost for Insurance

FFP

for Work on New Jersey Transit Railroad Right of Way

0027AF 72,153 Cubic

Embankment Fill (Borrow Material)

Estimated Quantities.

0027AG 32,582 Cubic

Haul and Dispose of Unsatisfactory

Material. Estimated Quantities.

0027AH 8,145 Cubic

Contaminated Non-Hazardous Material

Removal. Estimated Quantities.

0027AJ 1,311 Cubic

Estimated Quantities.

OPTION 2

FOR INFORMATIONAL PURPOSES ONLY

0028AA 1 Job Segment C2 Levee and BDR2 Pond

FFP

0028AB 1 Job Pump Station BDR2 Control Building

FFP

0028AC 1 Job Pump Station BDR2 Wet Well

FFP

0028AD 1 Job Pump Station BDR3 Control Building

FFP

0028AE 1 Job Pump Station BDR3 Wet Well

FFP

0028AF 1 Job Pond BDR3

FFP

0028AG 1 Job Segment C2 Scour/Erosion Protection

FFP

Armor

0028AH 1 Job Segment C2 Storm Drainage Structures

FFP

0028AJ 1 Job Verizon Fiber Optic Line Relocation

FFP

Pre-priced at $200,000.00.

0028AK 1 Job Middlesex Borough Sanitary Sewer System

FFP

Connection Fee. Pre-priced at $10,000.00.

$10,000.00

0028AL 1 Job Establish Water Service for Pump Station

FFP

BDR2 and BDR3 with New Jersey American Water. Pre-priced at $2,000.00.

at $2,000.00

0028AM 1 Job Establish Electric Power Service

FFP

for Pump Stations BDR2 and BDR3 with PSE&G. Pre-priced at $175,000.00.

$175,000.00

0028AN 101,935 Cubic

Embankment Fill (Borrow Material)

Estimated Quantities.

0028AP 5,718 Cubic

Haul and Dispose of Unsatisfactory

Material. Estimated Quantities.

0028AQ 1,430 Cubic

Contaminated Non-Hazardous Material

Removal. Estimated Quantities.

0028AR 862 Cubic

Estimated Quantities.

OPTION 3

0029AA 1 Job Additional Insurance

FFP

Additional Cost for Insurance for State, County and Local Agencies

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 730 dys. ANP 1 CIVIL WORKS TEAM

STEVEN WEINBERG

26 FEDERAL PLAZA, RM 17-512

NEW YORK NY 10278-0090

917-790-8391

W912DS

0002 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0008 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0009 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0010 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0011 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0012 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0013 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0014 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0015 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0016 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0017 730 dys. ANP 1,533 (SAME AS PREVIOUS LOCATION)

0018 730 dys. ANP 1,224 (SAME AS PREVIOUS LOCATION)

0019 730 dys. ANP 4,051 (SAME AS PREVIOUS LOCATION)

0020 730 dys. ANP 449 (SAME AS PREVIOUS LOCATION)

0021 730 dys. ANP 112 (SAME AS PREVIOUS LOCATION)

0022 730 dys. ANP 104 (SAME AS PREVIOUS LOCATION)

0023 730 dys. ANP 1,000 (SAME AS PREVIOUS LOCATION)

0024 730 dys. ANP 100 (SAME AS PREVIOUS LOCATION)

0025 730 dys. ANP 1,000 (SAME AS PREVIOUS LOCATION)

0026 730 dys. ANP 100 (SAME AS PREVIOUS LOCATION)

0027 N/A N/A N/A N/A

0027AA 730 dys. ANP 1 CIVIL WORKS TEAM

STEVEN WEINBERG

26 FEDERAL PLAZA, RM 17-512

NEW YORK NY 10278-0090

917-790-8391

0027AB 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0027AC 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0027AD 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0027AE 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0027AF 730 dys. ANP 72,153 (SAME AS PREVIOUS LOCATION)

0027AG 730 dys. ANP 32,582 (SAME AS PREVIOUS LOCATION)

0027AH 730 dys. ANP 8,145 (SAME AS PREVIOUS LOCATION)

0027AJ 730 dys. ANP 1,311 (SAME AS PREVIOUS LOCATION)

0028 N/A N/A N/A N/A

0028AA 730 dys. ANP 1 CIVIL WORKS TEAM

STEVEN WEINBERG

26 FEDERAL PLAZA, RM 17-512

NEW YORK NY 10278-0090

917-790-8391

0028AB 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AC 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AD 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AE 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AF 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AG 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AH 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AJ 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AK 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AL 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AM 730 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0028AN 730 dys. ANP 101,935 (SAME AS PREVIOUS LOCATION)

0028AP 730 dys. ANP 5,718 (SAME AS PREVIOUS LOCATION)

0028AQ 730 dys. ANP 1,430 (SAME AS PREVIOUS LOCATION)

0028AR 730 dys. ANP 862 (SAME AS PREVIOUS LOCATION)

0029 N/A N/A N/A N/A

0029AA 730 dys. ANP 1 CIVIL WORKS TEAM

STEVEN WEINBERG

26 FEDERAL PLAZA, RM 17-512

NEW YORK NY 10278-0090

917-790-8391

Section 00 20 00 - Instructions for Procurement

TOTALS

TOTAL BASE CLINs 0001-0026 $_______________

TOTAL OPTION CLINs 0027-0029 $_______________

TOTAL BASE AND OPTION CLINs 0001-0029 $_______________

NOTES:

1. The Contractor shall be required to (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and (iii) complete the entire work ready for use, not later than 730 calendar days after the date the Contractor receives the notice to proceed, except in case the Contracting Officer determines that seeding is not feasible during the construction period, the Contractor shall accomplish such seeding in the first planting period following the contract completion date. This action will not operate to extend the performance time for the balance of the work. The time stated for completion shall include final cleanup of the premises. (FAR 52.212-3) Options may be exercised at the discretion of the Government and are not mandatory.

If Option #1 is exercised, Bid Item Numbers 0020AA thru 0020AJ shall be exercised within 730 calendar days of issuance of the Base Bid NTP. If Option #1 is exercised more than 182 days after Base Bid NTP, 548 calendar days after the Option #1 NTP will be added to the contract duration. If Option #2 is exercised, Bid Item Numbers 0021AA thru 0021AR shall be exercised within 730 calendar days of issuance of the Base Bid NTP. If Option #2 is exercised more than 182 days after Base Bid NTP, 548 calendar days after the Option #2 NTP will be added to the contract duration.

2. The Contractor must furnish all labor, materials, equipment, and services for the work as indicated.

3. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

4. If Option 1 and/or Option 2 are exercised, all SUB CLINS under that Option will be exercised at the same time.

INSTRUCTIONS

BID SUBMISSION INSTRUCTIONS:

Contractors are required to deliver bids to 26 Federal Plaza, Room 16-300. The designated receiver of bids is Nicholas Emanuel, Contracting Officer, at (917) 790-8069. Bids are due no later than 23 September 2022 at 2:00pm EST. Bid opening will start at 2:00pm EST.

NOTE: If dropping bids off in person, please advise via email to monica.c.chahary@usace.army.mil and nicholas.p.emanuel@usace.army.mil.

Contractors are encouraged to wear a mask on the main floor and are required to wear a mask on Floor 16. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Bidders are responsible for ensuring that bids are submitted so as to reach the designated receiver and designated location. Bidders are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided. Contractors will not be allowed to physically be in the conference room during the bid opening. However, bidders are encouraged to call into the following teleconference line:

Call number:

+1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 199 476 8533

Bidders must keep their phone on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the SAM.gov website.

ADDITIONAL INSTRUCTIONS:

Potential bidders are reminded that only the minimum documents are required for bid submission:

1. Signed SF1442.

2. Acknowledged amendments.

3. Filled out bid schedule and totals.

4. Bidders must check off box (d) in 52.204-8 Annual Representations and Certifications (DEC 2019) for being on SAM.gov.

5. Full bid documents on one (1) CD-ROM.

CPARS:

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

NOTICE REGARDING BID BONDS, PEFORMANCE BONDS, AND PAYMENT

BONDS:

The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of August 2016. When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.

WAGE DETERMINATION:

A U.S. Department of Labor Wage Determination has been included. For Construction contracts, the wage rate is located at the end of this document. If a U.S. Department of Labor Wage Determination has not been included, it should be added by amendment prior to the date set for receipt of bids/proposals. In the event a Department of Labor Wage Rate has not been attached to this contract, neither the contractor nor any subcontractor under the contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act, as amended.

ATOPSEC

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.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond 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, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period 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.-

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Francis Cashman, Francis.Cashman@usace.army.mil.

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

52.252-1 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/

Section 00 45 00 - Representations and Certifications

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-12 Certification Regarding Tax Matters OCT 2020 52.219-1 Small Business Program Representations SEP 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

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

(2) The small business size standard is $39,500,000.

(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 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:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, 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 Certification. 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.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM 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, identifying change by clause number, title, date]. These amended representation(s) and/or 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.

Section 00 70 00 - Conditions of the Contract

252.232-7004 (DEVIATION)

252.232-7004, DoD Progress Payment Rates (DEVIATION 2020-O0010) If the Contractor is a small business concern, the Progress Payments clause of this contract is modified to change each mention of the progress payment rate and liquidation rate (excepting paragraph (k), Limitations on Undefinitized Contract Actions) to 95 percent.

(End of clause)

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding JUN 2020

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

JUN 2020

52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding

JUN 2020

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.219-1 Small Business Program Representations SEP 2021 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

SEP 2021

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt I Small Business Subcontracting Plan (NOV 2021) Alternate I NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-11 Buy American--Construction Materials Under Trade Agreements

NOV 2021

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments NOV 2021 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

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

The Contractor shall be required to (a) commence work under this contract within 5 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 730 calendar days after notice to proceed. *The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,742.00/day for each calendar day of delay until the work is completed or accepted.

The “second tier” demurrage shall be assessed at the rate calculated below in theevent the contractor fails to complete documented punchlist items after the date ofbeneficial occupancy: $1,185.00/day.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small…