W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0007.pdf

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Repairs to McChord Bridge - Perimeter Road
Solicitation number
W912DW24B0YY2
Issued by

About this file

This document is an Invitation for Bid (IFB) for a firm fixed-price contract to repair the Perimeter Road Bridge (J84018) on Joint Base Lewis-McChord (JBLM) in Washington. The contractor shall furnish all labor, personnel, equipment, materials, and transportation to perform the work in accordance with the plans and specifications. This is a 100% Small Business set-aside, restricted to eligible 8(a) firms only. The North American Industry Classification System (NAICS) code is 237310 - Highway, Street, and Bridge Construction, with a small business size standard of $45 million. The magnitude of construction is estimated between $5,000,000 and $10,000,000. Sealed bids are due by March 26, 2024, and the performance period is 614 calendar days after the notice to proceed. The contract will be awarded to the responsive and responsible bidder whose bid conforms to the IFB requirements and is found to be the most advantageous to the Government, considering only price.

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Other files

File Type Posted
OF1419 Abstract of Bids for Perimeter Bridge Repairs.pdf PDF
W912DW24B0YY2 Amendment 0007.pdf PDF
W912DW24B0YY2 Amendment 0001.pdf PDF
W912DW24B0YY2 Amendment 0005.pdf PDF
W912DW24B0YY2 Amendment 0002.pdf PDF
W912DW24B0YY2 Amendment 0003.pdf PDF
W912DW24B0YY2 Amendment 0004.pdf PDF
W912DW24B0YY2 Amendment 0006.pdf PDF
Attachment 1 - 2024-03-15 Perimeter Bridge McChord IFC Specifications.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0006.pdf PDF
W912DW24B0YY2 Amendment 0005.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0005.pdf PDF
Attachment 1 - 2024-03-05 Perimeter Bridge McChord IFC Specifications.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0004.pdf PDF
W912DW24B0YY2 Amendment 0004.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0003.pdf PDF
Attachment 1 - 2024-02-26 Perimeter Bridge McChord IFC Specifications.pdf PDF
W912DW24B0YY2 Amendment 0003.pdf PDF
W912DW24B0YY2 Amendment 0002.pdf PDF
Site Visit Sign-In Sheet - Perimeter Rd. Bridge.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0002.pdf PDF
Attachment 1 - 2024-02-09 Perimeter Bridge McChord IFC Specifications.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB Amendment 0001.pdf PDF
W912DW24B0YY2 Amendment 0001.pdf PDF
Attachment 10 - SWMMWW Dispersion Trench.pdf PDF
Attachment 1 - 2023-12-15 Perimeter Bridge McChord IFC Specifications.pdf PDF
Attachment 7 - Utility Contacts Fees Responsiblities.pdf PDF
Submittal Register - Perimeter Bridge McChord.xlsx XLSX spreadsheet
Attachment 12 - McChord Airfield Explosive Arc.pdf PDF
Attachment 11 - Property Perimeter Bridge 2021-10-12_Form DD 1354 Draft.pdf PDF
Attachment 5 - Stream Work to follow Nationwide USACE Permit 2021-NWP14-Enclosure-20220511.pdf PDF
Attachment 8 - Temp Stockpile Lining Diagram.pdf PDF
Attachment 4 - 2021-12-22 McChord Geotech Bridge Foundation Report.pdf PDF
Attachment 2 - 2024-01-05 300 Series - IFC Plans 11x17 (1).pdf PDF
Attachment 9 - 2021-11-11 McChord H-H Analysis Report.pdf PDF
Attachment 13 - FAA Form 7460-1 052026.pdf PDF
W912DW24B0YY2 - Repair Perimeter Rd. Bridge - IFB.pdf PDF
Attachment 3 - 2023-11-14 McChord Field Bridges Stormwater Drainage Plan (Rev 1).pdf PDF
Attachment 6 - Standard Operating Procedures for use of Grays Army Airfield Borrow Source Pit.pdf PDF
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This solicitation W912DW24B0YY2 is an Invitation for Bid (IFB) for the project entitled, "Repair Perimeter Rd. Bridge (J84018)" on Joint Base Lew is-McChord (JBLM), Washington. The Contractor shall furnish all labor, personnel, equipment, materials, operating supplies, tools, supervision, and transportation, in accordance w ith the plans and specif ications to perform all tasking w ithin the associated Statement of Work.

This solicitation is a 100% Small Business set-aside, restricted to 8(a) f irms. As such, competition for this solicitation is set aside for eligible 8(a) f irms ONLY.

NAICS Code for this acquisition is 237310 – Highw ay, Street, and Bridge Construction; Small Business Size Standard: $45M.

X

JOHN E MCGUIRE 912-652-5291

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

01-Feb-2024

(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 _______10 calendar days and complete it w ithin ________614 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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 ______________26 Mar 2024 (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 _______90 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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

206-764-6817FAX:TEL: TEL: FAX:

W912DW24B0YY2 115

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

W912DW24B0YY2

Section 00 10 00 - Solicitation

Section 00 10 00 Solicitation

- Contract Line Item Number (CLIN) Schedule

- Authority to Bind

Section 00 21 00 Instructions

- Provisions

Section 00 45 00 Representations and Certifications

- Pre-Award Information

Section 00 72 00 General Conditions

- Contract Clauses

Section 00 73 00 Supplementary Conditions

- Davis Bacon and Related Acts Wage Determination

Section 01 00 00 General Requirements

- Statement of Work Dated 12 March 2024

Submittal Register (PROVIDED UNDER SEPARATE COVER)

- 01 33 00_Submittal Register

Attachments (PROVIDED UNDER SEPARATE COVER)

- Attachment 1 - 2024-03-15 Perimeter Bridge McChord IFC Specifications

- Attachment 2 - 2024-01-05 300 Series - IFC Plans 11x17 (1)

- Attachment 3 - 2023-11-14 McChord Field Bridges Stormwater Drainage Plan (Rev 1)

- Attachment 4 - 2021-12-22 McChord Geotech Bridge Foundation Report

- Attachment 5 - Stream Work to follow Nationwide USACE Permit 2021-NWP14-Enclosure-20220511

- Attachment 6 - Standard Operating Procedures for use of Grays Army Airfield Borrow Source Pit

- Attachment 7 - Utility Contacts Fees Responsibilities

- Attachment 8 - Temp Stockpile Lining Diagram

- Attachment 9 - 2021-11-11 McChord H&H Analysis Report

- Attachment 10 - SWMMWW Dispersion Trench

- Attachment 11 - Property Perimeter Bridge 2021-10-12_Form DD 1354 Draft

- Attachment 12 - McChord Airfield Explosive Arc

- Attachment 13 - FAA Form 7460-1 052026

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Heavy Metal and Petroleum Soil Testing

FFP

Perimeter Road (J84018) Heavy Metal and Petroleum Soil Testing.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0001 – Heavy Metal and Petroleum Soil Testing. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

FOB: Destination

PSC CD: Z2LB

NET AMT

0002 1 Job PFAS Soil Testing

FFP

Perimeter Road (J84018) PFAS Soil Testing.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0002 – PFAS Soil Testing. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

0003 1 Job Demonstration Test Piles

FFP

Perimeter Road (J84018) Demonstration Test Piles.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0003 – Demonstration Test Piles. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

0004 1 Job Stream Crossing Repair

FFP

Perimeter Road (J84018) Stream Crossing Repair.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0004 – Stream Crossing Repair. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

0005 590 Cubic

Yard

Excess Soil Excavation

FFP

Perimeter Road (J84018) Excess Soil Excavation, Haul and Placement on JBLM.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0005 – Excess Soil Excavation, Haul and Placement on JBLM. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

0006 1 Job PFAS Groundwater Treatment

FFP

Perimeter Road (J84018) PFAS Groundwater Treatment and Testing.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0006 – PFAS Groundwater Treatment and Testing. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

0007 590 Cubic

Yard

Contaminated Soil Disposal

FFP

Perimeter Road (J84018) PFAS and/or Heavy Metal and/or Petroleum Contaminated Soil Disposal Requiring Permitted Subtitle C Legal Landfill off JBLM. Assumed 25% PFAS and 75% Heavy Metal and/or Petroleum contamination of the volume.

Contractor shall supply all supervision, labor, equipment and materials necessary to perform all work for Base CLIN 0007 – PFAS and/or Heavy Metal and/or Petroleum Contaminated Soil Disposal Requiring Permitted Subtitle C Legal Landfill off JBLM. All work shall be performed under the terms and conditions of the Base Contract and in strict accordance with the Statement of Work.

Authority to Bind

The Contractor shall complete the applicable portion of form below if the contractor is a corporation, partnership or joint venture. Alternatively, other evidence must be submitted to substantiate the authority of the person(s) signing the contract. If a corporation, the same officer shall not execute both the contract and the certificate.

CORPORATE CERTIFICATE

I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this contract on behalf of the Contractor was then of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP/JOINT

VENTURES

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership/joint venture pursuant to its partnership agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and Signatures of all Partners)

NAME SIGNATURE

Section 00 21 00 - Instructions

BIDDING DOCUMENTS: Register for solicitations at the Internet site: http://www.SAM.gov/

RETURN THE FOLLOWING WITH YOUR BID:

SF1442 - Solicitation, Offer, and Award. Ensure document is completed in accordance with this Solicitation, to include Authority to Bind letter. Ensure ALL amendments are acknowledged.

Section 00 45 00, Representations and Certification, to include the required Pre-Award information.

Bid Bond -- The amount of the bid guarantee shall be 20 percent (20%) of the bid price or $3 Million, whichever is less. Bid Bonds (SF24) must be accompanied by a Power of Attorney containing an original or electronic signature from the surety, which must be affixed to the Power of Attorney after the Power of Attorney has been generated. Computer generated and signed Powers of Attorney will be accepted if accompanied by a certification from a current officer of the surety attesting to its authenticity and continuing validity.

NOTE: Digital scans, photographed, or otherwise reproduced images, of ink signatures are not considered acceptable "electronic signatures". If a required submitted document does not contain electronic signatures, you must submit original hard-copy documents.

Current SF24 forms are available at the following website: http://www.gsa.gov/portal/forms/type/TOP.

Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:

See Paragraph 15. System for Award Management (SAM) of this section for System for Award Management Requirements.

1. GENERAL INFORMATION

Competition for this solicitation is set aside for all eligible 8(a) firms ONLY.

2. GENERAL DESCRIPTION OF WORK

The Special Projects Branch of the Seattle District Contracting Division, U.S. Army Corps of Engineers (hereinafter known as Seattle District or the Government) has a competitive requirement for a Firm Fixed Price (FFP) contract to repair Perimeter Bridge (J84018), located on Joint Base Lewis-McChord, Lewis-Main, WA in accordance with the contract, contract specifications, Statement of Work (SOW), and identified drawings. This requirement will be solicited via an Invitation for Bid (IFB).

3. COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the IFB and any amendments are available by INTERNET ACCESS ONLY. The Government will post all IFB documents to the U.S. Government’s Contract Opportunities website at: https://SAM.gov under Solicitation Number W912DW24B0YY2. A list of interested vendors (potential offerors and subcontractors) is available on the web site (registration required) with the solicitation announcement.

4. BIDDER TECHNICAL QUESTIONS AND COMMENTS

All inquiries regarding this IFB are to be submitted via ProjNet. The Government will not accept telephone and email inquiries. ProjNet is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. Bidders can access ProjNet at https://www.projnet.org.

To access ProjNet website the first time:

a. Click on the Quick Add menu in the upper right

b. Enter the following information for access:

Select USACE as the agency Input BID Key: D9ATZ6-SPWK94 Your email address Enter valid business contact information (e.g. First and Last Name, Company Name, City and State, phone number, and email address (required on first project only)).

Establish secret Question and Answer, which will be used as a password (required on first project only).

For subsequent access, use your email address, the Key, and Response to the Secret Question to access the ProjNet Module.

Submit technical questions by clicking Post a New Inquiry. When an answer is posted to a question, the Question and Answer is then available for all bidders to review.

For questions about ProjNet, please contact the Call Center help desk at 1-833-389-1097 or 1-217-367-

3273, which operates from 8 a.m. to 5 p.m. (Central Time Zone). The preferred method to contact ProjNet is email: staff@projnet.info.

Questions may be submitted up to 2:00 p.m. (PDT) on the fifth business day PRIOR to the solicitation closing date; questions submitted after that time will not be answered. All bidders will be held to have reviewed the questions and responses in ProjNet prior to its bid submission. Nothing in the solicitation is to be considered changed unless an amendment is issued.

FOR INQUIRIES OF ADMINISTRATIVE MATTERS

Contact the following individuals:

John McGuire, 360-640-8683, john.e.mcguire@usace.army.mil and Courtesy Copy Brett Vegeto, 253-380-5542, Brett.S.Vegeto@usace.army.mil.

5. SMALL BUSINESS SIZE STANDARD/NAICS CODE

The North American Industry Classification System (NAICS) code for this acquisition is 237310, Highway, Street, and Bridge Construction; Small Business Size Standard, with a small business size standard of $45M.

6. BID EXPENSES AND PRE-CONTRACT COSTS

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

7. PRE-BID CONFERENCE AND SITE VISIT (FAR 52.236-27)

The Government will conduct a one-time pre-bid conference for this solicitation on February 14, 2024. Perimeter Rd. Bridge J84018 is located behind a secure gate and will require a security escort. Contractors will meet the security escort and project manager in the parking lot of Burger King, 510 Barnes Blvd. McChord AFB, WA 98439 at 1:00 p.m., local time and be escorted to the Perimeter Bridge location. Overflow parking is available across the street from Burger King at the McChord AFB Museum. The Site Visit will be held immediately following the pre-bid conference. The Government will not be providing transportation to the site visit location. Bidders are urged to inspect the site where construction is to be performed and to satisfy themselves as to the general and local conditions which may affect the price of performance of the contract, to the extent such information is reasonably obtainable.

In no event will a failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract. Attendance at the site-visit or pre-bid conference is not mandatory.

Point of Contact for site visit:

Name: Shannon Henriquez Email: Shannon.R.Henriquez@usace.army.mil Cell Phone: (206) 818-3320

Confirm your attendance (list of attendee(s) and company name) with Mr. Henriquez, via email, at least two days prior to the event.

TELEPHONES

No public telephones will be made available during the site-visit.

8. BASE ACCESS

If a conference attendee/bidder does not already have access to JBLM, a temporary 1-day vehicle pass is required to drive on Joint Base Lewis-McChord (JBLM).

Vehicles entering Joint Base Lewis-McChord are required to have either an adult authorized ID cardholder in the vehicle or an authorized visitor pass. To obtain the pass, the vehicle operator must process at a visitor center and present the following: A valid vehicle registration, proof of current vehicle insurance, valid driver's license. In the case of a rental vehicle, attendee must have rental agreement. The Lewis-Main Visitor Control Center (VCC) is located on Exit 120 off I-5 near Liberty Gate (Lewis-Main) and is open from 5 a.m. to 10 p.m., daily. Visitor Passes will be issued to all non-DoD persons with a valid reason for entering the installation. A visitor pass can be issued for up to 90 days for all non-DoD personnel. A security-vetting process will be completed on each non-DoD individual prior to receiving a visitor pass. This includes all non-DoD passengers riding in a non-DoD person’s vehicle. In addition to providing passes for non-affiliated visitors to JBLM, the Visitor Control Center also conducts Automated Installation Entry registration, weapons registration, and vehicle registration. During the hours that the VCC is closed, visitors should proceed to Liberty Gate for processing.

The McChord Field Visitor Control Center (VCC) is located on Exit 125 off I-5 near McChord Field Gate and is open 6:00 a.m. to 7:30 p.m. daily. This VCC also provides passes for non-affiliated visitors to JBLM.

Other gates available will be the Dupont Gate at exit 119 and the MAMC gate located at Exit 122 (Berkley Street).

Gate personnel can direct you to Pendleton Ave. Access these gates AFTER you have received your pass as described earlier in the previous paragraph.

Real ID Act of 2005. On May 1, 2016, Joint Base Lewis-McChord began fully enforcing the provisions of the Real ID Act of 2005. Under provisions of this act, driver's license and ID cards from certain states and territories are not valid for unescorted access to JBLM. The Department of Homeland Security website provides information on the status of each state and territory. The USACE will not provide escorts.

Bidders should consider processing times at the VCCs, and gate entry times, when planning its pre-bid conference visit

9. BID SUBMITTALS

BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR ELECTRONIC MEANS, INCLUDING E-MAIL, WILL NOT BE CONSIDERED. All Sealed Bids must be submitted in accordance with the procedures set forth in Block 13 of Page One (1) of the Standard Form 1442, Solicitation Document, and comply with all other instructions provided herein. Due to system limitations, we are unable to include the correct address for the delivery of bids on the SF 1442. For delivery, either by hand or by mail, please see Section 10 below for delivery instructions.

Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30) or by separate letter prior to opening of bids.

Standard Form 1442 BACK (Page 2 of the Solicitation Document): Bidders shall fully complete all the required areas located under the section designated as “OFFER” (refer to Items 14 through 20C)

A completed bid includes:

- Fully executed Form 1442-with amendments acknowledged

- Bid Bond

- Fully completed Bid Schedule

- Completed Reps and Certs from SAM.gov and any fill in FAR clause incorporated by reference or by full text.

Amendments: Ensure that you have acknowledged receipt of ALL amendments to the solicitation on the Standard Form SF1442, Page 2, Item 19, Acknowledgement of Amendments.

Represent the Unit Price and Amount with two decimal positions only. Example: $5.00, not $5 or $5.00123.

Ensure the SF 1442 is signed.

Bid Acceptance Period: The minimum bid acceptance period is specified in Block 13D of the SF1442, Solicitation, Offer and Award.

10. PUBLIC BID OPENING

The public bid opening will take place in the Dallas Conference Room, Room #140 on the first floor of Building 2015, JBLM, WA, at the time and date specified in Block 13 of the SF1442.

SEALED BIDS: Regardless of the method of delivery (mailed or hand‐carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.

MAILED BIDS: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Seattle District’s– USACE Contracting, Special Projects Branch, prior to the date and time set for the opening of the bids – See Block 13A of Page One (1) of the Solicitation. Mail bids to:

USACE Contracting- Special Projects Branch Attn: John McGuire 2015 N. 4th & Pendleton, RM 342 Joint Base Lewis McChord, WA 98433

Contractor must mail sealed envelopes via FEDEX or UPS. United States Postal Service (USPS) WILL NOT deliver to this building.

HAND‐CARRIED BIDS DELIVERED ON THE DAY OF THE BID OPENING: For bids being hand‐carried and delivered on the date and time prescribed for the public bid opening, bring bids to the Dallas Conference Room, Room #140 on the first floor of Building 2015. Please arrive early and sign in with Contracting Personnel.

HAND‐CARRIED BIDS DELIVERED PRIOR TO THE DAY OF THE BID OPENING: For bids being hand‐ carried and delivered prior to the date and time prescribed for the public bid opening, bring bids to Room 342 on the third floor of Building 2015.

Follow base access procedures as prescribed in section 8 above and allow additional time to process through the Vehicle Control Center located on Lewis-Main.

11. GOVERNMENT SECURITY REQUIREMENTS

Bidder(s) must ensure that ALL mail sent to the Seattle District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers personnel, if it does not contain a return mailing address. There will be no exceptions.

USACE Seattle District Point of Contact is John McGuire, Contract Specialist:

Phone: 360-640-8683 Email: john.e.mcguire@usace.army.mil

12. ACCURACY IN BIDS

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

13. MAGNITUDE OF CONSTRUCTION

The Magnitude of Construction for this project is between $5,000,000 and $10,000,000.

14. JOINT VENTURE BID REQUIREMENTS

When proposing as a Joint Venture, all members of the Joint Venture shall sign the SF 1442, Corporate Certificate, and the Bid Bond unless a written agreement by the Joint Venture is furnished to the Government with the firm’s bid designating one firm with the authority to bind the other member(s) of the Joint Venture. In addition, the Joint Venture shall submit a copy of its Joint Venture Agreement with its bid. Failure to comply with the foregoing requirements may eliminate the contractor’s bid from further consideration.

The following requirements for Joint Ventures are as follows:

a. Provide the complete names, addresses, phone numbers and email addresses of all firms in the joint venture.

b. Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD, Block 20 requires that the name and title of the person authorized to sign the Bid for the Joint Venture be provided.

c. In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, submit a certificate signed by each participant in the Joint Venture that includes the following statement:

“The parties hereto expressly understand and agree as follows:

(a) (Name, title, and company) is the principal representative of the joint venture. As such, all communications regarding the administration of the Contract and the performance of the work there under may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the joint venture.

(b) Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the joint venture.”

The bid bond form, Block “Principal” requires that the name and title of the person authorized to sign for the joint venture be included.

15. SYSTEM FOR AWARD MANAGEMENT (SAM)

In accordance with FAR 4.1102, bidders, including those that are a Joint Venture, are required to be registered in SAM at the time they submit their bid. If the bidder is not registered in the SAM database at the time it submits its bid, the Contracting Officer will proceed to award to the next otherwise successful registered bidder. Bidders may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov. Bidder’s SAM registration must be current at the time of award.

16. BASIS OF AWARD

The Government anticipates awarding a Single Award Firm Fixed Price (FFP) Contract as a result of this IFB in accordance with FAR Part 14.408-1(a)(3). The contracting officer will make a contract award to that responsive and responsible bidder whose bid conforms to the requirements of this IFB and is found to be the most advantageous to the Government, considering only price and the price related factors included in the solicitation.

For purposes of evaluation, the Government will add the price for the Base Contract Line Items (CLINs) to develop the total price of the proposal, no options CLINs are associated with this requirement.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

MAY 2014

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

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)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority Goals for female participation for each trade participation for each trade

6.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Joint Base Lewis-McChord, Pierce County, WA

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

U.S. Army, Corps of Engineers, Seattle District Contracting Officer: Brett S. Vegeto Email: Brett.S.Vegeto@usace.army.mil

AND

Contract Specialist: John E. McGuire Email: John.E.Mcguire@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 is the site for the following clauses in full text: Federal Acquisition Regulation (FAR) clauses, Department of Defense FAR Supplement (DFARS) clauses, Army FAR Supplement (AFARS) clauses and current authorized deviations.

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Alterations, if applicable, will be issued by solicitation amendment.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 45 00 - Representations and Certifications

52.204-3 Taxpayer Identification OCT 1998 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

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

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 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 (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

(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, 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:

( ) 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 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 $92,319, the provision with its Alternate II applies.

(C) 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.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services.

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