W912DW26QA060.pdf
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- Solicitation number
- W912DW26QA060
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This is a Solicitation, Offer, and Award (Standard Form 1442) for construction services issued by the Department of the Army Corps of Engineers, Seattle District for the Skagit County Dike District No. 22 Levee Repair project. The solicitation is a 100% small business set-aside using sealed bid procedures under NAICS code 238910 (Site Preparation Contractors) with a $19,000,000 small business size standard. The project requires all labor, materials, and equipment with operators necessary to install a buried clay keyway and resurface two levee sections with low permeability material in accordance with the statement of work.
The solicitation includes eleven line items (CLINs 0001-0011) with firm fixed-price hourly rates for equipment and services, including track-mounted hydraulic excavators (Cat 335F L and Cat 320), water trucks, dump trucks, trench boxes, and porta-potty services. The Davis-Bacon wage determination (WA20260128, Revision 1, dated 05/18/2026) applies to all work. Offerors must submit signed Standard Form 1442 with pricing, required certifications and representations, bid guarantee of 20% of bid price or $3,000,000 (whichever is less), and complete all FAR and DFARS provisions. Quotes must be emailed to vincent.e.daniels@usace.army.mil with the RFQ title in the subject line. The solicitation requires SAM registration and includes cybersecurity maturity model certification (CMMC Level 0) requirements. Payment will be made by electronic funds transfer (EFT) unless exceptions apply, with invoices submitted to the address designated by the contracting officer. All questions must be submitted two business days prior to the closing date.
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(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
AWARD (To be completed by Government)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Section 00 00 00 - Procurement and Contracting Requirements
Skagit County Dike District No. 22 Levee Repair - Equipment w/ OperatorInstrument Name:
Provide all labor, materials, and equipment w/ operator necessary to install a buried clay keyway and resurfacing two levee sections with low permeability material in accordance with the statement of work.
Product Service Code : W038
W912DW26QA060
Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule
Additional Information/Notes
INSTRUCTIONS TO OFFERORS
1. The solicitation is "100% small business set-aside". All work shall be in accordance with the Scope of Work (SOW), attachments, and all other terms and conditions herein.
2. Quotes shall be submitted per the following:
- All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: vincent.e.daniels@usace.army.mil. For questions call (206)-257-8371.
- Faxed quotations will be accepted.NOT
- Quotes must set forth full, accurate and complete information, as required by this RFQ.
3. PROSPECTIVE OFFERORS: Pursuant to RFO 52.204-7, bidders shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting a bid in response to this solicitation and at the time of award. https://www.sam.gov /portal/public/SAM/
Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.
"Registered in the System for Award Management (SAM) database" means that -
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; www.sam.gov.
SAM Priority Processing Request: The notarized letter must have both the vendor signature page AND the notary signature page signed. If missing a signature (or other required data) GSA will reject the letter. This will cause the
W912DW26QA060
mailto:vincent.e.daniels@usace.army.mil https://www.sam.gov/portal/public/SAM/ https://www.sam.gov/portal/public/SAM/ review and activation of the account will be delayed further. Any prioritization requests received on Friday are subject to delays because of the weekend. For a request you send on Friday afternoon, you may not receive your response until Monday morning.
4. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors, 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil. The UFC point of contact for this action is Mr. Michael Rye,
(901) 874-8543.
5. All questions resulting from this RFQ shall be submitted by close of business (12:30 p.m., Pacifc, Local Time) two (2) days prior to the closing date.
6. Award will be made to the lowest priced responsible quoter whose quote conforms to the requirements of the solicitation.
7. Required Submittals:
- Signed and dated STANDARD FORM 1442 (Solicitation, Offer, and Award (Construction, Alteration, ).or Repair)
- Signed and dated STANDARD FORM 30 ( , if Amendment of Solicitation/Modification of Contract) applicable, for any Amendments to the solicitation.
- Completed provisions, including: (***NOTE: If provisions have been completed via sam.gov there is no need to complete and return.)
- 52.203-2 Certificate of Independent Price Determination.
- 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation.
(Deviation 2026-O0038)
- 52.209-5 Certification Regarding Responsibility Matters. (Deviation 2026-O0038)
- 52.209-7 Information Regarding Responsibility Matters. (Deviation 2026-O0038)
- 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038)
- 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)
- 52.219-1 Small Business Program Representations. (Deviation 2026-O0038)
- 52.219-28 Postaward Small Business Program Rerepresentation. (Deviation 2026-O0038)
- 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
- 52.232-5 Payments under Fixed-Price Construction Contracts.
- 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
- Completed pricing information Bid Schedule for all CLIN items.
8. The contractor is to provide the following information with your quote:required
Federal Taxpayer's ID Number:
DUNS Number:
Cage Code Number
This requires registration in SAM, web site for registration is www.sam.gov.
Remit to Address:
Company Name:
Address:
City/State/Zip:
Phone & Fax Numbers:
Point of Contact:
E-Mail Address:
All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
The contractor should list any special features or warranty information applicable to the quoted product(s).
*** END OF NARRATIVE ***
Item Supplies/Service Quantity Unit Unit Price
Amount
0001 Cat 335F L Compact Radius or Similar Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum HP 200 / Minimum Weight 80,000 LBS / Minimum Reach 30 feet at Ground Level Regular Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x
1 Job
60 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
0002 Cat 335F L Compact Radius or Similar Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum HP 200 / Minimum Weight 80,000 LBS / Minimum Reach 30 feet at Ground Level. Regular Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 60 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Job
0003 Cat 335F L Compact Radius or Similar Track Mounted Hydraulic Excavator w/ Hydraulic Thumb Minimum HP 200 / Minimum Weight 80,000 LBS / Minimum Reach 30 feet at Ground Level. Regular Hourly Rate x Est. Quantity = Amount $____________ x 320 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 160 Hours $____________ Mobilization
1 Job
$____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
0004 Cat 320 or Similar Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Minimum HP 160 / Minimum Weight 48,000 LBS / Minimum Reach 30 feet at Ground Level. Regular Hourly Rate x Est.
Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Job
0005 Water Truck Capacity 2000 - 2500 gal / tank opening 22in / Fill air gap at top of tank / min pumping rate 550 gpm at 55psi / pump drive - direct from truck / Sprinkler Heads (2 at the front, 1 at each side in the middle, and 2 at the rear.) Regular Hourly Rate x Est. Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization
1 Job
$____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
0006 10-12 cy Solo Dump Truck Haul up to Class V Riprap. Regular Hourly Rate x Est.
Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Job
0007 10-12 cy Solo Dump Truck Haul up to Class V Riprap. Regular Hourly Rate x Est.
Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038
1 Job
Pricing Arrangement: Firm Fixed Price
0008 10-12 cy Solo Dump Truck Haul up to Class V Riprap. Regular Hourly Rate x Est.
Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Job
0009 10-12 cy Solo Dump Truck Haul up to Class V Riprap. Regular Hourly Rate x Est.
Quantity = Amount $____________ x 360 Hours $____________ Overtime Hourly Rate x Est. Quantity = Amount $____________ x 120 Hours $____________ Mobilization /Demobilization Est. Quantity = Amount $____________ x 1 EA $____________ Davis Bacon Wage Determination No.:
WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
End-Item Description: Trench Box Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Each
0010 Porta-Potty Toilet Service. Weekly Rate x Est. Quantity = Amount $____________ x 6 Weeks $____________ Davis Bacon Wage Determination No.: WA20260128
1 Job
Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W085 Pricing Arrangement: Firm Fixed Price
0011 8'x20' Steel Trench Box w/ Knife Edges 4-foot Width Monthly Rate x Est. Quantity = Amount $____________ x 1 Month $____________ Davis Bacon Wage Determination No.: WA20260128 Revision 1 dated 05/18/2026 is applicable to this procurement as incorporated herein.
Product Service Code: W038 Pricing Arrangement: Firm Fixed Price
1 Job
Section 00 21 00 - Instructions
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)
2026-02
52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.214-34 Submission of Offers in the English Language.
1991-04
52.214-35 Submission of Offers in U.S.
Currency.
1991-04
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)
2026-02
52.225-10 Notice of Buy American Requirement-Construction Materials.
2014-05
52.233-2 Service of Protest. (Deviation 2026-O0038)
2026-02
DFARS Provisions Incorporated by Reference
Number Title Effective Alternate Variation
Date Deviation Effective Date
252.204-7024 Notice on the Use of the Supplier Performance Risk System.
2023-03
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
2023-01
FAR Provisions Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.228-1 Bid Guarantee. 1996-09
Bid Guarantee (Sept 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.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference.
1998-02
Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/________[Insert one or more Internet addresses]
(End of provision)
52.252-5 Authorized Deviations in 2020-11
Provisions.
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[insert regulation name](48 CFR Chapter2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7025 Notice of Cybersecurity Maturity Model Certification Level Requirements.
2025-11
NOTICE OF CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL
REQUIREMENTS (NOV 2025)
(a) Definitions. As used in this provision, "controlled unclassified information (CUI)," "current," "Cybersecurity Maturity Model Certification (CMMC) status," "Cybersecurity Maturity Model
Certification unique identifier (CMMC UID)," "Federal contract information (FCI)", and "plan of action and milestones" have the meaning given in the Defense Federal Acquisition Regulation Supplement 252.204-7021, Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements, clause of this solicitation.
(b)(1) Cybersecurity Maturity Model Certification (CMMC) level. The CMMC level required by this solicitation is: CMMC Level 0 [Contracting Officer insert: CMMC Level 1 (Self); CMMC Level 2 (Self); CMMC Level 2 (C3PAO); or CMMC Level 3 (DIBCAC)]. This CMMC level, or higher (see 32 CFR part 170), is required prior to award for each contractor information system that will process, store, or transmit Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract.
(2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicitation if the Offeror does not have, for each of the contractor information systems that will process, store, or transmit FCI or CUI and that will be used in performance of a contract resulting from this solicitation-
(i) The current CMMC status entered in the Supplier Performance Risk System (SPRS) (https://piee.eb.mil) at the CMMC level required by paragraph (b)(1) of this provision; and
(ii) A current affirmation of continuous compliance with the security requirements identified at 32 CFR part 170 in SPRS.
(c) Plan of action and milestones. If the Offeror has a CMMC Status of Conditional, the Offeror shall successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(d) CMMC unique identifiers. The Offeror shall provide, in the proposal, the CMMC unique identifier(s) (CMMC UIDs) issued by SPRS for each contractor information system that will process, store, or transmit FCI or CUI during performance of a contract, task order, or delivery order resulting from this solicitation. The Offeror also shall update the list when new CMMC UIDs are generated in SPRS. The CMMC UIDs are provided in SPRS after the Offeror enters the results of self-assessment(s) for each such information system.
Section 00 45 00 - Representations and Certifications
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (Deviation 2026- O0038)
Prohibition on Contracting with Inverted Domestic Corporations-Representation (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It [ ] is, [ ] is not an inverted domestic corporation; and
(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
52.209-5 Certification Regarding Responsibility Matters.
Certification Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)
(B) of this provision; and
(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:
(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.
g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 Information Regarding Responsibility Matters.
Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
52.209-11 Representation by Corporations Regarding Delinquent Tax
2026-02
Liability or a Felony Conviction under any Federal Law.
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2026) (Deviation 2026-O0038)
(a) The Government will not enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.219-1 Small Business Program 2026-02
Representations. (Deviation 2026-O0038)
Small Business Program Representations (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this provision-
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(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.
Small disadvantaged business concern means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910 Site Preparation Contractors[insert NAICS code].
(2) The small business size standard is $19,000,000.00[insert size standard].
(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 (i.e., nonmanufacturer), 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.
(c) Representations.
(1) The offeror represents as part of its offer that-
(i) it [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [____________The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)
(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small disadvantage business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ ____The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ ____The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [____The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ ____The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be-
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
Section 00 61 00 - Bond Forms
PAYMENT BOND
PERFORMANCE BONDS
*** END OF NARRATIVE ***
Section 00 70 00 - Conditions of the Contract
General Decision Number: WA20260128 05/18/2026
State: Washington
Construction Types: Heavy
Counties: Washington Counties of Skagit
Modification Number Publication Date
0 01/02/2026
1 05/18/2026
CARP0425-004 06/01/2025
Rates Fringes
CARPENTER $ 63.98 19.13
ELEC0077-002 02/01/2024
Rates Fringes
LINE CONSTRUCTION: LINE PERSON $ 64.17 24.54
ELEC0077-003 02/01/2023
Rates Fringes
TREE TRIMMER: GROUND PERSON $ 22.60 16.37
TREE TRIMMER $ 42.57 17.97
ELEC0191-007 01/01/2024
Rates Fringes
ELECTRICIAN $ 55.01 29.20
ENGI0302-085 06/01/2025
Rates Fringes
OPERATOR: ROLLER (PLANT MIX OR MULTI-LIFT
MATERIALS) $ 60.02 27.57
OPERATOR: ROLLER (OTHER THAN PLANT MIX) $ 56.19 27.57
ENGI0302-105 06/01/2025
Rates Fringes
OPERATOR: SCRAPER (SELF PROPELLED UNDER 45 YARDS) $ 60.69 27.57
OPERATOR: OILER (TRUCK CRANE OILER/DRIVER: 100
TONS AND OVER) $ 60.02 27.57
OPERATOR: OILER (DRILL OILERS: AUGER TYPE, TRUCK
OR CRANE MOUNT) $ 60.69 27.57
OPERATOR: DRILL (HORIZONTAL/DIRECTIONAL DRILL
OPERATOR) $ 60.02 27.57
OPERATOR: DRILL (HORIZONTAL/DIRECTIONAL DRILL
LOCATOR) $ 60.69 27.57
OPERATOR: DRILL (DRILLING MACHINE) $ 62.39 27.57
OPERATOR: CONCRETE PUMP (TRUCK MOUNT WITH BOOM
ATTACHMENT UP TO 42M) $ 60.69 27.57
OPERATOR: CONCRETE PUMP (TRUCK MOUNT WITH BOOM
ATTACHMENT OVER 42M) $ 61.47 27.57
OPERATOR: CONCRETE PUMP (MOUNTED OR TRAILER HIGH
PRESSURE LINE PUMP, PUMP HIGH PRESSURE) $ 60.02 27.57
OPERATOR: BULLDOZER (D9 & UNDER) $ 60.02 27.57
IRON0086-005 07/07/2025
Rates Fringes
IRONWORKER $ 57.94 34.52
LABO0242-009 06/01/2025
Rates Fringes
LABORER: MASON TENDER - CEMENT/CONCRETE $ 50.38 16.96
LABO0242-010 06/01/2025
Rates Fringes
LABORER: NOZZLE PERSON $ 52.31 17.01
LABO0292-009 06/01/2025
Rates Fringes
LABORER: ASPHALT, INCLUDES RAKER, SHOVELER,
SPREADER AND DISTRIBUTOR $ 53.99 17.05
LABO0348-011 06/01/2025
Rates Fringes
TRAFFIC CONTROL: FLAGGER $ 34.03 16.90
PAIN0300-002 07/01/2025
Rates Fringes
PAINTER $ 41.24 14.70
PLAS0528-008 06/01/2024
Rates Fringes
CEMENT MASON/CONCRETE FINISHER $ 54.16 21.27
SUWA2018-028 03/01/2024
Rates Fringes
TRUCK DRIVER: WATER TRUCK $ 31.62 16.84
TRUCK DRIVER: DUMP TRUCK $ 26.27 8.56
TRAFFIC CONTROL: LABORER-CONES/
BARRICADES/BARRELS - SETTER/MOVER/SWEEPER $ 30.61 10.89
OPERATOR: PAVER (ASPHALT, AGGREGATE, AND
CONCRETE) $ 32.35 13.44
OPERATOR: MECHANIC $ 34.39 14.95
OPERATOR: LOADER $ 37.92 12.05
OPERATOR: GRADER/BLADE $ 40.28 16.17
OPERATOR: FORKLIFT $ 45.93 19.20
OPERATOR: BOBCAT/SKID STEER/SKID LOADER $ 43.60 0.00
OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE $ 43.66 6.63
LABORER: FENCE ERECTOR $ 30.21 0.00
LABORER: PIPELAYER $ 42.21 9.42
LABORER: HOD CARRIER $ 35.06 10.94
LABORER: CONCRETE SAW CHAIN $ 36.24 10.89
LABORER: COMMON OR GENERAL $ 33.11 7.81
GRADE CHECKER $ 34.79 13.87
TEAM0313-001 06/01/2025
Rates Fringes
TRUCK DRIVER: ASPHALT MIX $ 55.43 27.52
UAVGWA0017 03/01/2024
Rates Fringes
OPERATOR: CRANE $ 56.02 25.57
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.
Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between
January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order
13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a
W912DW26QA060
https://www.dol.gov/agencies/whd/government-contracts contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through
December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and…
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