A22_W912EE23B0010_Blakley Mt Bridge 1.pdf
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- Solicitation number
- W912EE23B0010
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This is a solicitation for a federal construction contract to repaint a bridge superstructure and bearings. The work consists of mobilization, abrasive blasting, repainting of the Blakely Mountain Dam Intake Structure Service Bridge in Garland County, Arkansas, and environmental protection. The estimated value is between $250,000 and $500,000. The solicitation is a women-owned small business set-aside issued by the Department of the Army Corps of Engineers Vicksburg District. Responses are due by 2:00pm on April 26, 2023. The contract will be awarded as a whole to the lowest responsive, responsible bidder.
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 8/2014)
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)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
W912EE23B0010
VICKSBURG CONTRACTING OFC
4155 CLAY ST
VICKSBURG MS 39183-3435
OUACHITA RIVER BASIN – OUACHITA RIVER
BLAKELY MOUNTAIN DAM – INTAKE SERVICE BRIDGE
MAINTENANCE AND REPAINTING
DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment, and repainting the bridge superstructure and bearings of the Blakely Mountain Dam Intake Structure Service Bridge in Garland County, Arkansas.
Principal features of work include mobilization and demobilization, abrasive blasting, repainting of bridge, and environmental protection.
The estimated value of the proposed work is between $250,000 and $500,000
SEE SPECIAL NOTICES TO BIDDERS
W807PM23425905
W912EE
OLLIE HARDAWAY III 601-631-5705
1 7703/23/2023
04/26/2023
2:00 p.m.
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.
AWARD (To be completed by Government)
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. 8/2014) 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
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
W912EE
VICKSBURG CONTRACTING OFFICE
4155 CLAY STREET
VICKSBURG, MS 39183-3435
US ARMY CORPS OF ENGRS FINANCE CENTER
5722 INTEGRITY DRIVE
MILLINGTON TN 38054-5005
SEE SCHEDULE
See Item 14
SEE SCHEDULE
BIDDING SCHEDULE
ITEM DESCRIPTION
EST
QTY U/M
UNIT
PRICE AMOUNT
0001 MOBILIZATION AND DEMOBILIZATION 1 JOB $______
0002 ABRASIVE BLASTING AND PAINTING
BRIDGE
1 JOB $______
0003 ENVIRONMENTAL PROTECTION FEATURES 1 JOB $______
Total $______
NOTES:
(A) THIS PROCUREMENT IS A WOMEN-OWNED SMALL BUSINESS SET-ASIDE.
(B) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTP://WWW.PROJNET.ORG/PROJECT. SEE SNTB
PAGE ENTITLE “TECHNICAL INQUIRIES AND QUESTIONS”
(C) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE
APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES FURNISH AN EXTENDED TOTAL OR AN
ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE
THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE
ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED
ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.
(D) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES EXCEPT
WHEN THE UNIT OF MEASURE IS SHOWN AS “JOB” OR “EACH”.
(E) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH PROVIDES
FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE APPLICATION OF THE
LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT
STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO
RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.
(F) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE
GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE
UNIT PRICE WILL BE CONSIDERED TO BE THE BID.
(G) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AS
MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.
(H) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR
AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".
(I) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND
CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT
MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE
COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATIONS (ORCA) REGISTRATION. SEE FAR CLAUSES 52.204-7 AND 52.204-8
FOR REQUIREMENT INFORMATION. THE WEBSITE FOR ORCA IS WWW.SAM.GOV.
(J) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT PERFORMANCE
AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME FRAME IN BLOCK
12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER VERIFICATION OF ACCEPTABLE
PERFORMANCE AND PAYMENT BONDS. WITHIN SEVEN (7) CALENDAR DAYS AFTER ISSUANCE OF
THE NTP, THE CONTRACTOR SHALL INITIATE A MEETING TO DISCUSS THE SUBMITTAL PROCESS
WITH THE AREA OR RESIDENT ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL
WORK CANNOT START UNTIL THE ACCIDENT PREVENTION PLAN, CONTRACTOR QUALITY
CONTROL PLAN, AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED
AND APPROVED AND ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE
BEEN CONDUCTED.
(K) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH
THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS
MANUAL", DATED NOVEMBER 2014.
(L) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY
REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS. REVISIONS
OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY
AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.
TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE
SUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG) OFFERORS ARE
ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO THE PROPOSAL DUE DATE IN ORDER
TO ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE RESPONSE AND AMEND
THE SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW INQUIRY ITEMS, PROSPECTIVE
VENDORS WILL NEED TO USE THE BIDDER INQUIRY KEY PRESENTED BELOW AND FOLLOW THE
INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE VENDOR WHO SUBMITS A
COMMENT /QUESTION WILL RECEIVE AN ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION
VIA EMAIL, FOLLOWED BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN
PROCESSED BY OUR TECHNICAL TEAM.
ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE THROUGH
PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE MADE AVAILABLE IN
THE FORM OF A REPORT GENERATED FROM PROJNET AND ADDED TO THE AWARD AS AN
ATTACHMENT.
THE SOLICITATION NUMBER IS: W912EE23B0010
THE BIDDER INQUIRY KEY IS: C3AD86-683A2M
SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:
1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE UPPER
RIGHT SIDE OF THE SCREEN.
2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.
3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.
4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR COMMUNICATION.
5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT WAS NOT
FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED FORM.
6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE, EMAIL, SECRET
QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO REMEMBER YOUR SECRET
QUESTION AND ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO ACCESS THE
PROJNET SYSTEM.
7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED WITHIN
PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.
SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:
1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY TYPE OF PASSWORD.
YOU WILL UTILIZE YOUR SECRET QUESTION AND SECRET ANSWER TO LOG IN.
2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE UPPER
RIGHT SIDE OF THE SCREEN.
3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.
4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.
5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER PREVIOUSLY IN PROJNET.
6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU TO ENTER THE ANSWER TO
YOUR SECRET QUESTION.
7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE THIS IS COMPLETED YOU ARE
NOW LOGGED INTO THE SYSTEM.
SPECIAL NOTICES
BID OPENING MAY BE ATTENDED IN PERSON OR VIEWED ONLINE AT
https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw/live
1. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE RECEIVED UNTIL DATE AND TIME
OF BID OPENING.
2. THIS PROCUREMENT IS A WOMEN-OWNED SMALL BUSINESS SET-ASIDE.
3. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE ENTITLED “SUBMISSION OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE
THAT BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS CONTAINING A
SEALED BID ON THE OUTERMOST ENVELOPE. THIS INCLUDES, BUT IS NOT LIMITED TO, BIDS
SENT VIA: FEDERAL EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER SERVICES, INC., EXPRESS
MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND PUROLATOR.
4. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE
WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.
5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT CLAUSE ENTITLED,
“AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION”, WHICH WILL APPLY
TO THE CONTRACT RESULTING FROM THIS SOLICITATION.
6. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT REQUIREMENTS, CLAUSE ENTITLED
“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”.
7. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS CLAUSE, ENTITLED,
“PAYMENT INVOICES” WHICH WILL APPLY TO THE CONTRACT RESULTING FROM THIS
SOLICITATION. THE FEDERAL ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO”
ADDRESS OF THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A PROPER
NOTICE OF ASSIGNMENT.
8. MAIL BIDS TO THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI 39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL BE
CLEARLY MARKED ON THE OUTER ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST BE
RECEIVED PRIOR TO THE EXACT TIME SET FOR BID OPENING.
9. HAND CARRIED BIDS MUST BE DELIVERED TO THE CONTRACTING OFFICE, ROOM 120, IN THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI 39183-3435. ALL BIDS MUST BE RECEIVED PRIOR TO THE EXACT TIME SET FOR BID OPENING.
NOTE: BIDS DELIVERED LATER THAN 15 MINUTES PRIOR TO THE TIME SET FOR THE BID OPENING
SHALL BE DELIVERED DIRECTLY TO ROOM 103, BID OPENING ROOM, RATHER THAN ROOM 120,
THE PLANS AND SPECIFICATIONS ROOM.
10. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN TELEGRAPHICALLY OR BY
ELECTRONIC COMMERCE.
11. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201 (EVALUATION OF CONTRACTOR
PERFORMANCE) OF THE FEDERALACQUISITION REGULATION (FAR), CONSTRUCTION
CONTRACTOR’SPERFORMANCE SHALL BE EVALUATED THROUGHOUT THE PERFORMANCE
OFTHE CONTRACT. THE UNITED STATES ARMY CORPS OF ENGINEERS(USACE) FOLLOWS THE
PROCEDURES OUTLINED IN ENGINEERINGREGULATION 415-1-17 TO FULFILL THIS FAR
REQUIREMENT. FORCONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00, THEUSACE
WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE APERFORMANCE REPORT USING
THE CONSTRUCTION CONTRACTOR APPRAISALSUPPORT SYSTEM (CCASS), WHICH IS NOW A WEB-
BASED SYSTEM.AFTER AN EVALUATION (INTERIM OR FINAL) IS WRITTEN UP BY THEUSACE, THE
CONTRACTOR WILL HAVE THE ABILITY TO ACCESS, REVIEWAND COMMENT ON THE
EVALUATION FOR A PERIOD OF 30 DAYS.ACCESSING AND USING CCASS REQUIRES SPECIFIC
SOFTWARE, CALLEDPKI CERTIFICATION, WHICH IS INSTALLED ON THE USER’S COMPUTER.THE
CERTIFICATION IS A DEPARTMENT OF DEFENSE REQUIREMENT ANDWAS IMPLEMENTED TO
PROVIDE SECURITY IN ELECTRONIC TRANSACTIONS.THE CERTIFICATION SOFTWARE COULD
COST APPROXIMATELY $110 - $125PER CERTIFICATE PER YEAR AND IS PURCHASED FROM AN
EXTERNALCERTIFICATE AUTHORITIES (ECA) VENDOR. CURRENT INFORMATIONABOUT THE PKI
CERTIFICATION PROCESS AND FOR CONTACTING VENDORSCAN BE FOUND ON THE WEB SITE:
http://www.cpars.navy.mil/. IF THE CONTRACTOR WISHES TO PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO CCASS AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY
OF THE CONTRACTOR.
12. ELECTRONIC FUNDS TRANSFER (EFT)
PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER THIS CONTRACT WILL BE
MADE BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTORS ARE REQUIRED TO COMPLETE
FORM:
UFC-DISB-4.
THE FORM BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS FINANCE CENTER AT:
https://www.tam.usace.army.mil/Portals/53/docs/UDC/Admin/Direct_Deposit.pdf
THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS “B4."
13. BID PACKAGE ATTACHMENTS, REPRESENTATIONS AND CERTIFICATIONS ARE TO BE
COMPLETED AND INCLUDED IN THE BID PACKAGE SUBMITTED BY THE OFFEROR.
14. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION PART
14.303 (b) MODIFICATION OR WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN PERSON BY A BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS REQUESTING WITHDRAWAL IS ESTABLISHED AND THAT
PERSON SIGNS A RECEIPT FOR THE BID."
THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG CONTRACTING OFFICE:
a) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A
REPRESENTATIVE OF THE COMPANY.
b) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.
c) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE
REPRESENTATIVE SIGN A RECEIPT FOR BID.
GENERAL NOTICES
1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA
AUTHORITY: River and Harbor Act of 1950, Section 101 and Water Supply Act of 1958, as amended by Federal Water Pollution Control Act of 1961
APPROPRIATION: P.L. 117-58 IIJA 2022
FUNDING CITATION: 96X3123
2. NEGOTIATIONS AFTER SEALED BIDDING.
The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:
a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.
b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.
3. BID, PERFORMANCE AND PAYMENT BONDS.
A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION
4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.
The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.
5. BUSINESS INTEGRITY.
The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.
6. CONDITIONS AFFECTING THE WORK.
Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.
7. BIDDER'S QUALIFICATIONS.
A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1 - General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.
8. SITE OF THE WORK.
Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.
9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.
a) Specifications, Invitation No. W912EE23B0010 Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions No. AR20230164 01/06/2023 of the Secretary of Labor, are parts of this Invitation.
b) (1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.
(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.
(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).
10. DEFINITIONS
a) The term "head of the agency" or “Secretary” as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.
b) “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows:Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.
d) “Small business concern” means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.
(1) Size Standards for Construction and Special Trades.
(i) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $36.5 million.
(ii) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $27.5 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.
W912EE23B0010
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
JUN 2020
52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding
JUN 2020
52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns
OCT 2022
52.219-33 Nonmanufacturer Rule SEP 2021 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans JUN 2020
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-7 Notice Of Radioactive Materials JAN 1997 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-20 Aerosols JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-1 Utilization Of Indian Organizations And Indian-Owned
Economic Enterprises
JUN 2000
52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Products and Commercial
Services
DEC 2022
52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
JAN 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the contractor receives notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,175.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.211-13 TIME EXTENSIONS (SEP 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within [unilateral award of a modification exercising any optional line item will satisfy the number of day and notice of intent requirements of this clause]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [Reference Note Inserted Above] days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [5 years].
(End of Clause)
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are--
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are--
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--
[Contracting Officer check as appropriate.]
___ By the end of the base term of the contract and then by the end of each subsequent option period; or
___ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph
(e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and
Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 237310 assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021)
(a) Definitions. As used in this clause--
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR 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.
“WOSB Program Repository” means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the…
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