B.08 Amendment 0002 W912EP24B0006 _ AIWW Sawpit FY24_28Mar 2024_MD.pdf
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- Solicitation number
- W912EP24B0006
About this file
This document is Amendment 0002 to Solicitation W912EP24B0006 for Maintenance Dredging of the Atlantic Intracoastal Waterway (AIWW) 12-Foot Project in the vicinity of Sawpit Creek, Nassau and Duval Counties, Florida. The project involves maintenance dredging of the AIWW channel, settling basins, and advance maintenance areas, with the majority of the excavated material being placed on the Amelia Island State Park beach and the remainder placed upland in an adjacent disposal area. Key details include:
- The bid due date has been changed from April 2, 2024 to April 9, 2024, with bid opening to be held virtually at 2:00 PM EDT on April 9, 2024.
- The procurement is a small business set-aside with a NAICS code of 237990 and a $37.0 million size standard.
- An organized site visit has been scheduled for March 14, 2024 at 10:00 AM EDT.
- The magnitude of construction is between $10,000,000 and $25,000,000.
- The period of performance is 195 calendar days after notice to proceed.
- The contract will be firm-fixed-price.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
Maintenance Dredging Atlantic Intracoastal Waterw ay, 12-Foot Project Vicinity of Saw pit Creek, Nassau and Duval Counties, Florida
A. See Continuation Sheet for Amendment Details.
B. The bid due date has been changed from 2 April 2024 at 1:00 PM to 9 April 2024 at 1:00 PM EDT.
C. Bid Opening w ill be held virtually 9 April 2024 at 2:00 PM EDT via Webex.
All other terms and conditions remain unchanged.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 264
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EP24B0006
X 9B. DATED (SEE ITEM 11)
29-Feb-2024
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO.
5. PROJECT NO.(If applicable)
6. ISSUED BY
3.EFFECTIVE
DATE
28-Mar-2024
CODE
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD
JACKSONVILLE FL 32207-8175
W912EP 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
SF 30 CONTINUATION SHEET
MAINTENANCE DREDGING
ATLANTIC INTRACOASTAL WATERWAY, 12-FOOT PROJECT
VICINITY OF SAWPIT CREEK
NASSAU AND DUVAL COUNTIES, FLORIDA
W912EP24B0006 1 Amendment 0002
SUMMARY OF CHANGES
Volume 1 of 2 – Technical Specifications:
DELETE Standard Form 1442 and REPLACE with the attached Standard Form 1442.
DELETE Section 00010A and REPLACE with the attached Section 00010A.
DELETE Section 00100 and REPLACE with the attached Section 00100.
Volume 2 of 2 – Technical Specifications:
1. SPECIFICATIONS:
DELETE Section 01 11 00 and REPLACE with the attached revised Section 01 11 00.
DELETE Section 01 22 00 and REPLACE with the attached revised Section 01 22 00.
DELETE Submittal Register and REPLACE with the attached revised Submittal Register.
DELETE Section 01 35 26 and REPLACE with the attached revised Section 01 35 26.
DELETE Section 01 45 00 and REPLACE with the attached revised Section 01 45 00.
DELETE Section 01 50 02 and REPLACE with the attached revised Section 01 50 02.
DELETE Section 01 57 20 and REPLACE with the attached revised Section 01 57 20.
DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.
Add Section 35 20 23.33.
DELETE Project Table of Contents and REPLACE with the attached revised Project Table of Contents.
2. DRAWINGS:
DELETE Drawing G-01 and REPLACE with the attached revised Drawing G-01.
DELETE Drawing G-02 and REPLACE with the attached revised Drawing G-02.
DELETE Drawing G-03 and REPLACE with the attached revised Drawing G-03.
DELETE Drawing C-05 and REPLACE with the attached revised Drawing C-05.
DELETE Drawing C-09 and REPLACE with the attached revised Drawing C-09.
3. ADDITIONAL INFORMATION:
• FDEP Exemption Acknowledgement Letter No. 0307923-004-BE
• FDEP Modification No. 0307923-005-JN
• FDEP Modification No. 0307923-006-JM
• Weir Pipe Invert Survey
(End of Summary of Changes)
MAINTENANCE DREDGING ATLANTIC INTRACOASTAL WATERWAY, 12-FOOT PROJECT VICINITY OF SAWPIT CREEK NASSAU AND DUVAL
COUNTIES, FLORIDA
- DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION
- DRAWINGS: SEE DFARS CLAUSE 252.236-7001, SECTION 00700.
- MAGNITUDE OF CONSTRUCTION IS BETWEEN $10,000,000.00 - $25,000,000.00.
THIS PROCUREMENT IS A SMALL BUSINESS SET-ASIDE. THE NAICS CODE FOR THIS PROJECT IS 237990 AND THE SMALL BUSINESS
SIZE STANDARD IS $37.0 MILLION.
- IN ACCORDANCE WITH (IAW) FAR CLAUSE 52.236-27 ALT I, AN ORGANIZED SITE VISIT HAS BEEN SCHEDULED. SEE FAR 52.236-27
ALT, I IN SECTION 00100 FOR DETAILS.
- YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) TO RECEIVE AN AWARD FROM THIS SOLICITATION.
THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV
**SEE BLOCK 11 - SEE SECTION 00700, FAR CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE.
**SEE ELECTRONIC BIDS IN SECTION 00100 FOR SUBMISSION INSTRUCTIONS PRE-BID CONFERENCE WILL BE HELD
BID OPENING WILL BE HELD VIRTUALLY 02 09 APRIL 2024 AT 2:00 PM EDT VIA WEBEX, SUBMISSIONS ARE DUE BY 1:00 PM EDT. UTILIZE
THE LINK AND CALL-IN INFORMATION PROVIDED BELOW:
https://usace1.w ebex.com/meet/timothy.g.humphrey / Audio Teleconference: 1-844-800-2712 / Access code: 199 392 9265 Attendee ID: 475877
X
GUESLEY LEGER 904-232-3850
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
29-Feb-2024
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______60 calendar days and complete it w ithin ________195 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________SECTION 00700
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time 02 09 Apr 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD
JACKSONVILLE FL 32207-8175
W912EP
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
01:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912EP24B0006 210
k3ctcgl9 Cross-Out k3ctcgl9 Cross-Out
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912EP24B0006
Section 00010A - LINE ITEMS & PRICING SCHEDULE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
BASE
FFP
MOBILIZATION AND DEMOBILIZATION
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 411,000 Cubic
Yard
BASE
FFP
EXCAVATION, UNCLASSIFIED, CUT DU-23 STA 28+00 TO CUT DU-27
STA 12+00, CUT DU-27A STA 6+50 TO CUT DU-27C STA 26+00, AMA-
A, WSB, BEACH PLACEMENT (ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 10,000 Cubic
Yard
BASE
FFP
EXCAVATION, UNCLASSIFIED, CUT DU-27 STA 24+00 TO CUT DU-27
STA 66+00, UPLAND PLACEMENT (ESTIMATED QUANTITY, SEE NOTE 2)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 4 Acre
BASE
FFP
BEACH TILLING (ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 1 Job
BASE
FFP
TURBIDITY MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 1 Job
BASE
FFP
ENVIRONMENTAL SPECIES MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 1 Each
BASE
FFP
PARTNERING REGROUP
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 24 Hours
BASE
FFP
STANDBY TIME (SEE NOTE 3)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 1 Acre
BASE
FFP
REMEDIATION OF NONCOMPLIANT MATERIAL (ESTIMATED
QUANTITY, SEE NOTE 5)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 20 Cubic
Yard
BASE
FFP
TRANSPORT AND DISPOSAL OF UNACCEPTABLE MATERIAL
(ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 411,000 Cubic
Yard
BASE
FFP
SCREENING (ESTIMATED QUANTITY, SEE NOTE 4)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 74,000 Cubic
Yard
OPTION A
FFP
EXCAVATION, UNCLASSIFIED, AMA-B, AMA-C, ESB, BEACH
PLACEMENT (ESTIMATED QUANTITY, SEE NOTE 2)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 1 Acre
OPTION A
FFP
BEACH TILLING (ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 1 Job
OPTION A
FFP
TURBIDITY MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 1 Job
OPTION A
FFP
ENVIRONMENTAL SPECIES MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 1 Acre
OPTION A
FFP
REMEDIATION OF NONCOMPLIANT MATERIAL (ESTIMATED
QUANTITY, SEE NOTE 5)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 5 Cubic
Yard
OPTION A
FFP
TRANSPORT AND DISPOSAL OF UNACCEPTABLE MATERIAL
(ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 74,000 Cubic
Yard
OPTION A
FFP
SCREENING (ESTIMATED QUANTITY, SEE NOTE 4)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 22,000 Cubic
Yard
OPTION B
FFP
EXCAVATION, UNCLASSIFIED, AMA-D AND SSB BEACH PLACEMENT
(ESTIMATED QUANTITY, SEE NOTE 2)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 1 Acre
OPTION B
FFP
BEACH TILLING (ESTIMATED QUANTITY)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 1 Job
OPTION B
FFP
TURBIDITY MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 1 Job
OPTION B
FFP
ENVIRONMENTAL SPECIES MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 1 Acre
OPTION B
FFP
REMEDIATION OF NONCOMPLIANT MATERIAL (ESTIMATED
QUANTITY, SEE NOTE 5)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 2 Cubic
Yard
OPTION B
FFP
TRANSPORT AND DISPOSAL OF UNACCEPTABLE MATERIAL
(ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 22,000 Cubic
Yard
OPTION B
FFP
SCREENING (ESTIMATED QUANTITY, SEE NOTE 4)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 36,000 Cubic
Yard
OPTION C
FFP
EXCAVATION, UNCLASSIFIED, NSB BEACH PLACEMENT (ESTIMATED
QUANTITY, SEE NOTE 2)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 1 Acre
OPTION C
FFP
BEACH TILLING (ESTIMATED QUANTITY)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 1 Job
OPTION C
FFP
TURBIDITY MONITORING
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 1 Job
OPTION C
FFP
ENVIRONMENTAL SPECIES MONITORING
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 1 Acre
OPTION C
FFP
REMEDIATION OF NONCOMPLIANT MATERIAL (ESTIMATED
QUANTITY, SEE NOTE 5)
FOB: Destination
PSC CD: Z1KF
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 2 Cubic
Yard
OPTION C
FFP
TRANSPORT AND DISPOSAL OF UNACCEPTABLE MATERIAL
(ESTIMATED QUANTITY)
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 36,000 Cubic
Yard
OPTION C
FFP
SCREENING (ESTIMATED QUANTITY, SEE NOTE 4)
FOB: Destination
PSC CD: Z1KF
NET AMT
TOTAL BASE (LINE ITEMS 0001 THROUGH 0011) $________________
TOTAL OPTION A (LINE ITEMS 0012 THROUGH 0018) $________________
TOTAL OPTION B (LINE ITEMS 0019 THROUGH 0025) $________________
TOTAL OPTION C (LINE ITEMS 0026 THROUGH 0032) $_________________
TOTAL BID (LINE ITEMS 0001 THROUGH 0032) $_________________
NOTES:
(1) BID MUST PRICE ALL LINE ITEMS.
(2) THE TOTAL QUANTITY SHOWN FOR EACH EXCAVATION CLIN INCLUDES
REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO
OCCUR BETWEEN THE DATES OF SURVEYS SHOWN ON THE DRAWINGS AND
ACTUAL DREDGING.
(3) STANDBY TIME IS DEFINED AS WHEN, AT THE DIRECTION OF THE
CONTRACTING OFFICER, THE DREDGE IS PUT OUT OF OPERATION FOR REASONS
OUTSIDE THE REQUIREMENTS IN THE CONTRACT. SEE SECTION 01 22 00
MEASUREMENT AND PAYMENT.
(4) SCREENING IS ONLY APPLICABLE TO EXCAVATED MATERIAL DESIGNATED FOR
BEACH PLACEMENT.
(5) PAYMENT WILL ONLY BE MADE FOR ACTUAL EXECUTION OF THIS LINE ITEM
AS APPROVED BY THE CONTRACTING OFFICER
W912EP24B0006 00100-1 Amendment 0002
Section 00100 - INSTRUCTIONS TO OFFERORS/EVALUATION FACTORS FOR AWARD
ELECTRONIC BIDS
(a) Definition:
Electronic bid, as used in this provision, means a bid, revision or modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via email or other means for transmitting electronic data. No flash drives will be accepted.
(b) Offerors must submit electronic bids in responses to this solicitation in order to be considered for award.
Electronic bids are subject to the same rules as paper bids.
(c) If any portion of bid received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document.
(1) The Contracting Officer shall immediately notify the offeror and permit the offeror to resubmit the bid if the bid has been received prior to due date indicated in the solicitation.
(2) The method and time for resubmission shall by prescribed by the Contracting Officer after consultation with the offeror.
(d) The Government reserves the right to make award solely on the electronic bid. However, if requested to do so by the Contracting Officer, the apparently successful offeror shall submit the complete original signed bid.
(e) The Offeror’s bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited. The offeror’s bid is due no later than 1:00 PM (EDT) on 02 09 April 2024.
NOTE: The only authorized transmission method of bids in response to the subject solicitation is electronically via the Procurement Integrated Enterprise Environment (PIEE) website. No other transmission methods, such as email, facsimile, hand-carried, proprietary or DOD SAFE submissions, bids submitted by mail, ect. will be accepted.
Offers submitted via any other transmission method other than the Procurement Integrated Enterprise Environment (PIEE) website will not be evaluated.
The Offeror’s bid must be received by the Government no later than the date/time specified in the solicitation and cited above. Offerors shall submit their bid using the following link: https://piee.eb.mil/
Instructions for submitting electronic bids:
In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website.
Electronic copies of each volume shall be submitted through the Solicitation Module of PIEE at https://piee.eb.mil.
If there is a system outage, see below. All bids received after the exact time specified for receipt shall be treated as late submissions.
For instructions on how to post an offer, please refer to the Posting Offer demo:
https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.
It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full bid by the Contracting office. The submission date for all Volumes shall be no later than the date and time specified in Block 13 of the SF 1442 of the Solicitation. In the unlikely event the PIEE system is not operational, experiences technical difficulties, or a Contractor is temporarily unable to access or use the system, the Contractor shall immediately notify the Contracting Officer. This Notification must occur prior to the bid submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient.
https://piee.eb.mil/ https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf
W912EP24B0006 00100-2 Amendment 0002
The alternate method for bid submission is via expedited delivery or hand-carried. The Offeror must obtain prior approval from the Contracting Officer to use the alternate submission method. The Contractor shall have 24 hours to provide their bid upon contracting officer approval. In the event that the Contractor alleges technical difficulties and does not notify the contracting officer until after the closing date and time, the contracting officer will follow the procedures identified in the Federal Acquisition Regulation (FAR) and then make a determination if the Contractor’s late bid submission is accepted.
Screen shots of the submission should be taken to validate a submission was accepted in the PIEE system.
You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the PIEE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.
File Description:
To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention. Each file name shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name and finally a brief file description.
EXAMPLE:
“W912EP24B0006 RESPONSE FIRM NAME.pdf”
File Organization, Formatting, and other instructions:
Each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare bids in the English language. Bids shall be in a narrative format, organized and titled so that each section of the bid follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.
Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s).
NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)
Upload Completion & Deadline:
Interested parties shall submit responses no later than the date cited above. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Submissions after the deadline may be emailed to Contract Specialist Guesley Leger at (Guesley.Leger@usace.army.mil) but be advised, they will be considered late and as such, will be processed in accordance with FAR 15.208.
Submission shall be in Adobe PDF format.
Receipt of Submission:
For the purposes of establishing whether a bid submission is considered timely, the Government considers the date and time the submission is completely uploaded into the PIEE website. For multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the PIEE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that offers are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the offer to be received in accordance with the instructions provided.
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52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(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) 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 SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(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) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of 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 SAM.
(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.
(6) Date the company was started.
(7) Number of employees at your location.
http://www.sam.gov/ http://www.sam.gov/
W912EP24B0006 00100-4 Amendment 0002
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(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 https://www.sam.gov/
W912EP24B0006 00100-5 Amendment 0002
(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.
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.
(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--
W912EP24B0006 00100-6 Amendment 0002
(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 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.
W912EP24B0006 00100-7 Amendment 0002
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.
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.
52.222-5 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.
W912EP24B0006 00100-8 Amendment 0002
(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.
(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
21.8% (Nassau & Duval
Counties) 6.9% (Nationwide)
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.
W912EP24B0006 00100-9 Amendment 0002
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Nassau and Duval Counties, Florida.
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.
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR
TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (JUN 2020)
W912EP24B0006 00100-10 Amendment 0002
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 Federal Acquisition Regulation (FAR) 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 the threshold at FAR 25.703-2(a)(2) 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. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and mailto:CISADA106@state.gov https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
W912EP24B0006 00100-11 Amendment 0002
(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from (addressed as follows) by obtaining written and dated acknowledgment of receipt from person identified in item 9A of the SF1442 at the address in block 7 of the SF 1442.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.
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