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W912EP-17-B-0002

Jacksonville District

BEACH EROSION CONTROL AND

HURRICANE PROTECTION PROJECT,

MIAMI-DADE COUNTY, FLORIDA,

BEACH RENOURISHMENT 2017

SUNNY ISLES BEACH

Construction Solicitation and Specifications Volume 1 of 2

01 JUNE 2017

REVIEWED BY COUNSEL DATE____________

SIGNATURE ____________________________________

REVIEWED BY CT-C DATE____________

SIGNATURE ____________________________________

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912EP-17-B-0002

2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

X SEALED BID (IFB)

NEGOTIATED (RFP)

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

W32CS570067228

6. PROJECT NO.

7. ISSUED BY CODE W912EP 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

TEL: FAX:

See Item 7

TEL: FAX:

9. FOR INFORMATION

CALL:

A. NAME

SUSAN J FORCHETTE

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

904-232-2158

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT, MIAMI-DADE COUNTY, FLORIDA, BEACH RENOURISHMENT 2017, SUNNY ISLES BEACH.

DESCRIPTION OF WORK: Refer to Paragraph "WORK COVERED BY CONTRACT DOCUMENTS" In Section 00 11 00 of the Technical Specif ications for a complete project description.

DRAWINGS: See Clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS in Section 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $13,000,000 AND $18,000,000.

THE NAICS CODE IS 236770 AND THE SMALL BUSINESS SIZE IS $36.5 Million. THIS IS A SMALL BUSINESS SET-ASIDE ACQUISITION.

A SITE VISIT HAS BEEN SCHEDULED. See FAR Clause 52.236-27 in Section 00100 for details.

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT

WWW.SAM.GOV.

***BLOCK 11 - See Clause 52.211-10 in Section 00700 for details regarding the Period of Performance.

11. The Contractor shall begin perf ormance w ithin 45 calendar days and complete it w ithin 290 calendar days after receiving aw ard, X notice to proceed. This perf ormance period is X mandatory, negotiable. (See 52.211-10 .)

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

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

12B. CALENDAR DAYS

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed of fers in original and 0 copies to perf orm the w ork required are due at the place specified in Item 8 by 02:00 PM (hour) local time 5 J u l y 2017 (date). If this is a sealed bid solicitation, off ers must be publicly opened at that time. Sealed envelopes containing of fers shall be marked to show the of feror's name and address, the solicitation number, and the date and time off ers are due.

B. An of fer guarantee X is, is not required.

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

D. Offers providing less than 90 calendar days for Government acceptance af ter the date off ers are due w ill not be considered and w ill be rejected.

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e) http://www.sam.gov/

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

14. NAME AND ADDRESS OF OFFEROR

(Include ZIP Code)

OFFE

R

(M ust be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

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

See Item 14

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY COD

E

27. PAYMENT WILL BE MADE BY: CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

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

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

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

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

30B. SIGNATURE

30C. DATE

TEL: EMAIL:

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

BY

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

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

BEACH EROSION AND HURRICANE PROTECTION

PROJECT MIAMI-DADE COUNTY, FLORIDA

BEACH RENOURISHMENT 2017

SUNNY ISLES BEACH, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE: FROM CBL/ECL STATION 7+000

(NORTHERN PROJECT LIMIT) TO STATION 10+050

0001 BEACH FILL (ESTIMATED QUANTITY) 100,000 CUBIC YARD $______________ $______________

0002 BEACH TILLING (ESTIMATED QUANTITY) 7 ACRE $____________ $______________

0003 CONSTRUCTION/VIBRATION CONTROL AND

MONITORING JOB $______________

0004 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0005 TURBIDITY MONITORING JOB $______________

0006 STANDBY TIME (SEE NOTE 7) 72 HOUR $______________ $______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0006) $______________

OPTION A: FROM CBL/ECL STATION 10+050

TO STATION 16+200

0007 BEACH FILL (ESTIMATED QUANTITY) 40,000 CUBIC YARD $______________ $______________

0008 BEACH TILLING (ESTIMATED QUANTITY) 8 ACRE $____________ $______________

0009 CONSTRUCTION/VIBRATION CONTROL AND

MONITORING JOB $______________

0010 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0011 TURBIDITY MONITORING JOB $______________

TOTAL OPTION A (LINE ITEMS 0007 THROUGH 0011) $______________

TOTAL (LINE ITEMS 0001 THROUGH 0011) $______________

(CONTINUED ON NEXT PAGE)

W912EP-17-B-0002 00010A-1

BEACH EROSION AND HURRICANE PROTECTION

PROJECT MIAMI-DADE COUNTY, FLORIDA

BEACH RENOURISHMENT 2017

SUNNY ISLES BEACH, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION B: FROM CBL/ECL STATION 16+200

TO STATION 16+900

0012 BEACH FILL (ESTIMATED QUANTITY) 20,000 CUBIC YARD $______________ $______________

0013 BEACH TILLING (ESTIMATED QUANTITY) 1.5 ACRE $____________ $______________

0014 CONSTRUCTION/VIBRATION CONTROL AND

MONITORING JOB $______________

0015 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0016 TURBIDITY MONITORING JOB $______________

TOTAL OPTION B (LINE ITEMS 0012 THROUGH 0016) $______________

TOTAL (LINE ITEMS 0001 THROUGH 0016) $______________

OPTION C: FROM CBL/ECL STATION 16+950

TO STATION 17+650

0017 BEACH FILL (ESTIMATED QUANTITY) 20,000 CUBIC YARD $______________ $______________

0018 BEACH TILLING (ESTIMATED QUANTITY) 1.5 ACRE $____________ $______________

0019 CONSTRUCTION/VIBRATION CONTROL AND

MONITORING JOB $______________

0020 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0021 TURBIDITY MONITORING JOB $______________

TOTAL OPTION C (LINE ITEMS 0017 THROUGH 0021) $______________

TOTAL (LINE ITEMS 0001 THROUGH 0021) $______________

(CONTINUED ON NEXT PAGE)

W912EP-17-B-0002 00010A-2

BEACH EROSION AND HURRICANE PROTECTION

PROJECT MIAMI-DADE COUNTY, FLORIDA

BEACH RENOURISHMENT 2017

SUNNY ISLES BEACH, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION D: FROM CBL/ECL STATION 17+650

TO STATION 19+800

0022 BEACH FILL (ESTIMATED QUANTITY) 20,000 CUBIC YARD $______________ $______________

0023 BEACH TILLING (ESTIMATED QUANTITY) 5 ACRE $____________ $______________

0024 CONSTRUCTION/VIBRATION CONTROL AND

MONITORING JOB $______________

0025 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0026 TURBIDITY MONITORING JOB $______________

TOTAL OPTION D (LINE ITEMS 0022 THROUGH 0026) $______________

TOTAL (LINE ITEMS 0001 THROUGH 0026) $______________

NOTES:

(1) OFFER MUST PRICE ALL LINE ITEMS. SEE PROVISION AT 52.214-18 (SECTION 00100).

(2) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF 1442, SECTION 00010A, AND

SECTION 00101) COULD RENDER YOUR BID NON-RESPONSIVE.

(3) ACTUAL QUANTITIES MAY VARY. See Clause 52.,211-18 "Variation in Estimated Quantity" (SF 1442, Section 00700)

(4) FULL PAYMENT UNDER LINE ITEM "BEACH FILL" IS CONDITIONED ON REPAIRING ALL STAGING AND ACCESS AREAS

TO PRECONSTRUCTION CONDITION. SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT.

(5) ANY VEGETATION IMPACTED BY CONSTRUCTION ACTIVITIES SHALL BE REPLACED.

(6) BEACH FILL QUANTITIES SHOWN ARE THE ESTIMATED QUANTITY FOR THE FILL TEMPLATE AND DOES

NOT TAKE COMPACTION INTO CONSIDERATION.

(7) THIS LINE ITEM IS NOT SUBJECT TO VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR ACTUAL EXECUTION OF THIS LINE ITEM AS APPROVED BY THE CONTRACTING OFFICER

(8) ALL SPECIFICATION REFERENCES TO LUMP SUM SHALL APPLY TO LINE ITEMS INDICATING "JOB" AS THE UNIT.

W912EP-17-B-0002 00010A-3

00010A-A1

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) __________. 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 posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are all finalized.

The Solicitation Number is: W912EP-17-B-0002

The Bidder Inquiry Key is: 9NM9F8-34B2C7

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. 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.

5. 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.

6. 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 from ProjNet home page:

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. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

W912EP-17-B-00002 00100-i

Section 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation to Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.216-1 Type of Contract April 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work MAY 2014 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting Requirements FEB 2016 52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements MAY 2014 52.225-25 Prohibition on Contracting with entities engaging in certain activities or transactions relating to Iran—Representations and Certifications OCT 2015 52.233-2 Service of Protest (CESAJ Adaptation) SEP 2006 52.236-27 Alt 1 Site Visit (Construction) (CESAJ Adaptation) FEB 1995 52.252-5 Authorized Deviations In Provisions APR 1984 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 999.204-1 Hand-Delivering Offers to the Prudential Office Building in Jacksonville 999.204-2 Public Attendance at Public Bid Openings 999.204-4003 Distributing Solicitation Amendments via FBO 999.214-4000 Obtaining Information Regarding This Solicitation 999.214-4018 Bidder's Checklist -- Construction/Dredging Contracts 999.214-4020 Notification to Unsuccessful Bidders 999.219-4003 Sources For Assistance in Locating Small Business Subcontractors

W912EP-17-B-0002 00101-i

Section 00101 - REPRESENTATIONS & CERTIFICATIONS

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-8 Annual Representations and Certifications APR 2016 52.204-17 Ownership or Control of Offeror NOV 2014 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-12 Certification Regarding Tax Matters FEB 2016 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7007 Alt A Annual Representations and Certifications JAN 2015 999-204-4002 Establishing Authority of Person(s)Who Sign(s) the Offer DEC 1999

W912EP-17-B-0002 00700-i

Section 00700 - CONTRACT CLAUSES

52.202-1 Definitions NOV 2013 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 SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 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

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages—Construction SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

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

OCT 2010

52.219-6 Notice of Total Small Business Set-aside NOV 2011 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations on Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014

W912EP-17-B-0002 00700-ii

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designed Items

MAY 2008

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

MAY 2008

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

AUG 2011

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

FEB 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee (CESAJ Adaptation) JUL 2012 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

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

Contractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and conditions Affecting the Work APR 1984 52.236-4 Physical Data (CESAJ Adaptation) MAY 2003 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984

W912EP-17-B-0002 00700-iii

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Complete APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUL 2007 52.244-6 Subcontracts for Commercial Items MAY 2014 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt 1 Termination for Convenience of the Government (Fixed

Price)

APR 2012

52.249-10 Default (Fixed Price Construction) APR 1984 52.252-2 Clauses incorporated by Reference (CESAJ Adaption) JAN 2000 52.252-6 Authorized Deviations in Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DOD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7004 Display of Hotline Posters OCT 2015 252.204-7003 Control of Government Personnel Work Product APR 1992 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

MAR 2014

252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference for Certain Domestic Commodities JAN 2007 252.225-7048 Export Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic enterprises, and Native Hawaiian Small Business

SEP 2004

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Request for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification of Transportation Of Supplies By Sea MAR 2000

W912EP-17-B-0002 00800-i

Section 00800 – SPECIAL REQUIREMENTS

31.105-100 Equipment Ownership and Operating expense Schedule MAR 2013 52.223-3 Hazardous Material Identification and Material Safety Data

(CESAJ Adaption)

JAN 1997

52.236-5009 Partnering AUG 2016 52.249-5000 Basis for Settlement of Proposals 999.201-4002 Unauthorized Instructions from Government or Other

Personnel

999.203-4000 DFARS 203-70- Contractors Standards Of Conduct 999.223-4026 U.S.Army Corps Of Engineers Safety And Health

Requirements Manual, Em 385-1-1

999.236-4003 Construction Contractor Performance Evaluations 999.236-4030 Notice to Mariners – Construction Contracts DEC 1999

999.236-4069 Contractor Supply and Use of Electronic Software for Processing Davis-Bacon Act Certified Labor Payrolls

APR 2011

W912EP-17-B-0002 00100-1

Section 00100 - SOLICITATION, OFFER, AND AWARD

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

W912EP-17-B-0002 00100-2

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

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

or

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

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of https://www.acquisition.gov/ http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

W912EP-17-B-0002 00100-3

NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/

W912EP-17-B-0002 00100-4

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be

W912EP-17-B-0002 00100-5

withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

W912EP-17-B-0002 00100-6

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

W912EP-17-B-0002 00100-7

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

39.5% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Sunny Isle Beach, Miami-Dade County, Florida.

W912EP-17-B-0002 00100-8

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.

4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

W912EP-17-B-0002 00100-9

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C.

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