W912ES20R0002 Solicitation and Specifications.pdf

SOLICITATION NO. W912ES20R0002

MISSISSIPPI RIVER, POOL 2

ST. PAUL, MINNESOTA

SPECIFICATIONS

FOR

PIGS EYE ISLANDS

October 2020

US Army Corps of Engineers St. Paul District

W81G6702101976

Pigs Eye Lake Island Project. Pigs Eye Lake is a 628-acre, shallow backwater lake, situated southeast of St. Paul, Minnesota, within Pool 2 of the Mississippi River. The project features include up to six (6) islands (five islands as the base requirement and one island as an option), sand benches, marsh habitat, and terrestrial plantings. Such features have the objective of improving aquatic and terrestrial habitat as well as maintaining the shoreline of Pigs Eye Lake.

If the Government determines to award the option, that option shall be awarded at the time of contract award.

This solicitation is issued as a Request for Proposal (RFP) and is 100% set-aside for small business concerns. The anticipated magnitude of this project is between $10 Million and $25 Million. The NAICS code for this procurement is 237990 (Other Heavy and Civil Engineering Construction) with a size standard of $39.5 Million.

Payment and Performance Protection is required in accordance with FAR Part 28.

SCOTT E HENDRIX 651-290-5406

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

11-NOV-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

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 within _______ 10 calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________ 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __0_______ copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 22 Dec 2020 (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 offers are due.

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will 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

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W912ES20R0002 200

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

W912ES20R0002

TABLE OF CONTENTS

SECTION 00 10 00 - SOLICITATION

PROPOSAL SUBMITTAL INSTRUCTIONS

BID SCHEDULE

BASIS FOR AWARD

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

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)

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

AGREEMENTS (MAY 2014)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --REPRESENTATION (DEC

2019) 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES--REPRESENTATION (DEC 2019)

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION

2020-O0005) (FEB 2020)

5152.211-9000 EVALUATION OF SUBLINE ITEMS (DEC 2019)

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) .. 41

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018).. 66 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

52.210-1 MARKET RESEARCH (JUN 2020)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) - ALTERNATE I (APR

1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (MAR 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION (MAY 2018)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

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)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--REPRESENTATION

(DEC 2016)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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 ASSIGNMENT OF CLAIMS (MAY 2-14) - ALTERNATE I (APR 1984)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (OCT 2018) .. 138

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (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 (APR 1984)

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)

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 COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984) - ALTERNATE I (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE I (APR 1984

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 (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2020)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) - ALTERNATE I (APR 1984)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) - ALTERNATE I

(SEP 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 OR 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 (AUG 2019)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES (DEC 2019)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.232-7004 DOD PROGRESS PAYMENT RATES (MAR 2020) (DEVIATION 2020-O0010)

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)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019)

5152.211-9001 VARIATIONS IN ESTIMATED QUANTITIES — SUBLINE ITEMS (DEC 2019)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-BACON ACT CERTIFIED

LABOR PAYROLLS

AT/OPSEC SECURITY REQUIREMENTS

PARTNERING

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

OPTION FOR ADDITIONAL WORK (CONSTRUCTION)

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

INVOICE PROCEDURES

UNAVAILABILITY OF UTILITY SERVICES

SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385-1-1

FLOATING PLANT EQUIPMENT

OBSTRUCTION OF CHANNEL

SIGNAL LIGHTS

RADIO

KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

BASIS FOR SETTLEMENT OF PROPOSALS

VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

DBA WAGE DETERMINATION

Section 00 10 00 - Solicitation

PROPOSAL SUBMITTAL INSTRUCTIONS

A site visit is anticipated, see FAR 52.236-27 for details.

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc.

shall submit their questions using the ProjNet system (sometimes referred to as Dr. Checks) at https://www.projnet.org.

To submit a new inquiry or to view inquiries submitted by other prospective offerors, users must be registered and signed into the ProjNet system. Offerors may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view inquiries:

Managing Agency: USACE The Solicitation Number is: W912ES20R0002 The Bidder Inquiry “Key” Number is: I8JIQ7-U7XSD4

Offerors shall submit inquiries not later than 7 business days prior to solicitation closing date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

Problems with the ProjNet System or other types of questions shall be emailed to:

Scott.e.hendrix@usace.army.mil.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of materials or any other costs incurred by any firm submitting materials in response to this solicitation. A stipend will not be paid to any firm during any phase of this solicitation.

The Contractor’s proposal shall contain sufficient information so that the U.S. Army Corps of Engineers (USACE) can determine that the vendor has a clear understanding of the requirements. The Contractor should be prepared to defend any discrepancies between the price proposed and a fair and reasonable estimate prepared by the Government.

ALL PRICING must be in whole penny amounts.

The Offeror shall acknowledge any amendments on the SF 1442 or each SF 30.

All equipment, materials, and components shall be new unless otherwise specified.

This procurement is 100% Total Small Business set-aside and will result in a firm fixed-price contract.

SAM REGISTRATION. All Offerors must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov or www.beta.SAM.gov prior to proposal submittal.

Offerors that have not registered or completed their online representations and certifications may be rejected.

Offerors are advised that the initial registration in SAM may take several weeks. The Government will review completed representations and certifications in SAM following receipt of proposal.

1.1. Proposal Submission Requirements

https://www.projnet.org/ https://www.projnet.org/ mailto:Scott.e.hendrix@usace.army.mil http://www.sam.gov/ http://www.beta.sam.gov/

The Offeror’s proposal shall be submitted electronically to the Contract Specialist, Scott Hendrix at scott.e.hendrix@usace.army.mil, as set forth below.

The Offeror’s proposal shall consist of the following two (2) sections:

Section 1 – Technical Approach and Past Performance:

Factor 1 – Technical Approach Factor 2 – Past Performance

Section 2 – Small Business Participation Commitment Plan and Price Factor 3 – Small Business Participation Commitment Plan Factor 4 – Price (Schedule of Prices*) Solicitation, Offer and Award Documents and Certifications/Representations/JV or LLC info.

*Note - Any reference to bid schedule in the specifications refers to the Schedule of Prices.

Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Offerors are cautioned that “parroting” of the Technical requirements or the Project Scope of Work with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Proposal Submission Packaging

2. The proposal submission packaging requirements are as follows:

2.1. Each section shall be submitted as a separate PDF file. Each section shall be clearly labeled with its title. Offeror shall include a signed 1442.

2.2. Typing should be single spaced. Each paragraph shall be separated by at least one (1) blank line.

A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required.

Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

2.3. Table 6 illustrates the sections that shall be submitted:

Table 6: Proposal Submission Requirements mailto:scott.e.hendrix@usace.army.mil

NOTE: Pages that exceed the required page limitations will not be evaluated.

2.4. Proposal Files

The proposal files shall adhere to the following formatting guidelines.

2.4.1. Format

The submission should be clearly indexed and logically assembled. Each Factor should be clearly identified and begin at the top of a page. All pages of each section shall be appropriately numbered and identified by the complete company name, date and Request for Proposal (RFP) number in the header and/or footer. MS Word (doc) files used to prepare the submitted PDFs shall use the following page setup parameters:

Page Size, Width – 8.5” Page Size, Height – 11”

NOTE: 11x17 pages are acceptable for tables/graphic representations; however, each 11x17 page counts as two (2) pages.

2.4.2. File Packaging

The files shall be in read-only format, using PDF files.

2.4.3. Content Organization

All information shall be confined to the appropriate file.

Section 1 – Factor 1 – Technical Approach:

This Factor shall consist of all information required to support the technical approach and shall not exceed fifty (50) pages. No technical approach information shall be contained in any other Section/Factor of this proposal. The file should be organized into the following sections:

Section 1 - Technical Approach and Past Performance Maximum Pages Factor 1 - Technical Approach 50 Factor 2 - Past Performance 25*

Section 2 - Small Business Participation and Price Factor 3 - Small Business Participation Commitment

Plan 25 Factor 4 - Price Schedule of Prices

Solicitation, Offer and Award Documents and Certifications

Notes:

*Not including the Past Performance Questionnaire Forms.

• Subfactor 1: Work Plan.

• Subfactor 2: Relevant Experience.

Section 1 – Factor 2 – Past Performance

This Factor shall contain past performance information regarding similar contracts and shall not exceed twenty-five (25) pages, excluding Past Performance Questionnaire Forms.

It is the Offeror’s responsibility to ensure points of contact can be contacted by the Government’s evaluators and that they will cooperate.

Past Performance References: For the projects submitted above, the government will query the Contractor Performance Assessment Reporting System (CPARS) to validate past performance ratings.

For each project that does not have a final CPARS evaluation, Offerors shall provide a questionnaire to the point of contact, clearly identifying the project to be evaluated. A NAVFAC/USACE Past Performance Questionnaire (Form PPQ-0) is included with the RFP as Attachment 1 – Past Performance Questionnaire. It is the Offeror’s responsibility to provide the Past Performance Questionnaire in its entirety, to the reference points of contact. Completed questionnaires shall be submitted by the reference points of contact directly to the Government’s point of contact, Scott Hendrix at scott.e.hendrix@usace.army.mil, prior to the solicitation closing date.

The Government may contact sources other than those provided by the Offeror for information with respect to past performance on projects completed. These other sources may include, but are not limited to, CPARS, telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability.

If applicable, include information on organization structure change history or a joint venture resulting in a different company name. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition.

Section 2 – Factor 3 – Small Business Participation Commitment Plan:

No small business participation information shall be contained in any other Section/Factor of this proposal. The content of Small Business Participation Commitment Plan shall consist of the following:

• Attachment 2 - Small Business Participation Commitment Plan

• Supporting documentation. All supporting documentation will be excluded from the overall page count.

The Offerors’ proposed small business participation commitment set forth in its Small Business Participation Commitment Plan will become a part of the resultant contract. The Offeror will submit a Small Business Participation report to the Contracting Officer twice a year for review. The actual dates of review will be determined after contract award. The Contracting Officer shall monitor the Offeror’s mailto:scott.e.hendrix@usace.army.mil performance against its Small Business Participation commitment dollars to ensure compliance with the terms and conditions stated within. This information will be audited by the District’s Office of Small Business Programs. Offeror’s will be required to submit additional information when requested.

Section 2 – Factor 4 – Price:

In accordance with Federal Acquisition Regulation (FAR) 15.402 and 15.403-1, certified cost or pricing data are not required for this procurement. If after receipt of proposals the Contracting Officer determines that there is insufficient information available to determine price reasonableness and none of the exceptions at FAR 15.403-1 apply, the Offeror may be required to submit cost or pricing data.

Additionally, in the event that adequate competition is not obtained, the Contracting Officer may incorporate FAR 52.215-20 entitled, “Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data,” into the solicitation and request a Certificate of Current Cost or Pricing Data.

There are no page limitations for this volume. Proposal information included in this Section which is not directly related to Cost will be disregarded.

The Schedule of Prices must be completed and returned. No pricing information shall be contained in any other volume of this proposal. Failure to provide will result in your proposal not being considered for award.

Section 2 – Solicitations, Offer and Award Documents and Certifications/Representations

Standard Form 1442 Solicitation Offer and Award and all amendments Representations, Certification and Other Statements of Offerors.

BID SCHEDULE

BASE BID Island #'s 1,3,4,5,7 Item No Description Bid Quantity Unit Unit Price Amount

0001 Bonds (performance and payment) 1 Job 0002 Island Construction - Granular Fill 0002AA First 270,000 CY 270,000 CY 0002AB Over 270,000 CY 30,000 CY

0003 Island Construction - Fine Fill 0003AA First 25,000 CY 25,000 CY 0003AB Over 25,000 CY 6,000 CY 0004 Rock Groins 0004AA First 4,000 TONS 4,000 TON 0004AB Over 4,000 TONS 700 TON

0005 Turf Establishment (Seeding) 0005AA First 16 ACRES 16 ACRE 0005AB Over 16 ACRES 1 ACRE 0006 Willows 0006AA First 10,000 EACH 10,000 EA 0006AB Over 10,000 EACH 1,200 EA

TOTAL BASE

Option 1 Island # 6 Item No Description Bid Quantity Unit Unit Price Amount

1001 Bonds (performance and payment) for Option 1 Job 1002 Island Construction - Granular Fill 1002AA First 62,000 CY 62,000 CY 1002AB Over 62,000 CY 5,000 CY 1003 Island Construction - Fine Fill 1003AA First 5,500 CY 5,500 CY 1003AB Over 5,500 CY 800 CY 1004 Rock Groins 1004AA First 1,500 TONS 1,500 TON 1004AB Over 1,500 TONS 200 TON 1005 Turf Establishment (Seeding) 1005AA First 2 ACRES 2 ACRE 1005AB Over 2 ACRES 1 ACRE 1006 Willows 1006AA First 3,500 EACH 3,500 EA 1006AB Over 3,500 EACH 600 EA

TOTAL OPTION

TOTAL BASE AND OPTION

BASIS FOR AWARD

1.1. Basis for Award

The Government will select for award the proposal that is most advantageous and represents the best overall value to the Government, considering the following factors, including any subfactors: Technical, Past Performance, and Price. As a result, the Government may select for award the Offeror whose proposed prices are not the lowest, but whose technical proposal is more advantageous to justify a higher contract price.

1.2. Factors and Subfactors

The evaluation factors and significant subfactors are listed below.

All evaluation factors other than price, when combined, are approximately equal to price. A proposal must be considered “Acceptable” in all factors and subfactors under the Technical Approach and the Small Business Participation Commitment Plan factors and no less than a “Satisfactory Confidence” rating in the Past Performance factor. Proposed prices will be evaluated but not scored or otherwise combined with the other aspects of the proposal evaluation.

The following non-price evaluation factors are listed in descending order of importance.

Factor 1: The Technical Approach factor is further divided into the following subfactors:

Subfactor 1: Work Plan Subfactor 2: Relevant Experience

Subfactor 1 and Subfactor 2 are considered of equal importance.

Factor 2: The Past Performance factor is not further divided into subfactors.

Factor 3: The Small Business Participation Commitment Plan is not further divided into subfactors.

1.3. Evaluation Approach

The evaluation approach for the factors and associated sub-factors is outlined below. The overarching evaluation approach for all factors and subfactors is to ensure the proposal satisfies the solicitation requirements. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than communications conducted for the purpose of clarification(s)). If discussions are determined to be necessary, discussions will occur with all offerors unless a competitive range has been established. Failure to submit mandatory information for a factor, indicated by the word “shall”, will result in a rating of “unacceptable” for that factor, and the offeror will be ineligible for award unless the Contracting Officer decides to hold discussions and includes the offeror in the competitive range. Factor 1: Technical Approach and Factor 2: Past Performance will be evaluated first. Factor 3: Small Business Participation Commitment Plan and Factor 4: Price will be evaluated last.

1.3.1. Factor 1: Technical Approach

The Technical Approach Factor is divided into the following subfactors:

1.3.1.1. Subfactor 1: Work Plan

This subfactor evaluates the Offeror’s proposed work plan for the project. The Government will evaluate the Offeror’s proposed work plan to determine understanding of and compliance with the Government’s requirements.

The Offeror shall submit a Work Plan that describes the overall plan of operations to complete the contract work. The Offeror shall provide detailed descriptions which shows the contractor’s, subcontractor’s, and supplier’s methodology for accomplishing the work, including, but not limited to, descriptions of equipment, special fabrications, and specialized labor. In addition, Offerors shall address:

• Excavation Plan for removal of material from Upper Boulanger, Pine Bend and Lower Boulanger temporary placement sites;

• Material placement plan including placement to minimize lateral displacement and settlement;

• Measuring/reporting settlement;

• Shaping material considering both granular and fines;

• Temporary Erosion Control between construction seasons;

• Riprap placement;

• Turf Establishment.

The Government will evaluate the Work Plan based on the following:

• Completeness of plan with respect to items of concern listed above;

• Demonstration of thorough understanding of and ability to comply with the project requirements;

• Reasonableness of contractor sequencing in terms of site constraints and challenges associated with the work; and

• Ability to mitigate construction and scheduling risk associated with project features.

1.3.1.2. Subfactor 2: Relevant Contractor Experience

The Government will evaluate the Offeror’s experience to determine capability to meet the project requirements.

The offeror shall provide documentation of successful completion of projects similar in nature and scope to the Pigs Eye Islands project, that have been completed in the last ten (10) years. The nature and scope is for the construction of artificial islands using granular and fine material in a large riverine system with experience in the five experience areas explained below. Two (2) projects must be submitted for each of the experience areas below; the same project may be submitted for multiple experience areas if it meets the requirements for each area. Offerors shall provide the names of the firm(s) that will perform any portion of the five experience areas listed below, including the prime contractor and major subcontractor(s). If more than one firm (i.e. subcontractor or joint venture/teaming partners) will perform a significant portion of the work for an experience area, all the proposed firms must be identified and two (2) projects per firm must be submitted.

The project documentation submitted must identify the basic information about the project including title, location, contract amount, and start and completion dates. The documentation shall provide substantial evidence that the Offeror has the experience, qualifications, and production capability to successfully prosecute the project.

If an offeror wishes to be credited with a subcontractor’s or supplier’s experience, a letter of commitment signed by the subcontractor/supplier and the prime contractor (offeror) must be submitted with the proposal. The letter of commitment shall clearly state that the offeror and the subcontractor/supplier have committed to construct this project together if the offeror receives the contract award. If an offeror submits projects demonstrating experience in one of the experience areas, and that project was completed by a subcontractor, a subsidiary, or a supplier, as opposed to the offeror, the offeror MUST submit a signed letter of commitment from the contractor who performed and completed the work. If a letter of commitment is not submitted, the experience/certifications will not be considered.

The five experience areas to be addressed:

Large Site Excavation Experience –

Provide documentation of experience with unloading of Dredge Material Placement Sites or similar material stockpiles. This includes both granular and fines materials.

Provide documentation on date and location of at least two (2) projects and a unique challenge the contractor successfully managed on each of the projects listed.

Material Transportation Experience - Provide documentation of experience with loading, long distance (3+ miles) transport, and unloading of granular and or fine materials. Provide at least two (2) projects that included transport of 50,000+ cubic yards from a placement site or similar to end destination point.

Material Placement Experience - Provide documentation of experience in unloading, conveyance, and placement of granular materials and/or fine materials. Provide at least two (2) projects where the offeror has used either a mechanical or a hydraulic dredge or pumping set up to transport granular or fine materials from a borrow or staging location to a final destination.

Material Stabilization and Grading Experience – Provide documentation of experience on at least two (2) projects of placing and grading granular materials in water onto existing bottom. Experience in placing granular materials on a soft substrate where mud waves were experienced shall be clearly noted. Include information about fines placement on top of the granular materials, if applicable. For projects listed, the offeror shall outline the equipment, surveying, and techniques the offeror used to provide a successful end product.

Survey Experience and Capabilities – Provide documentation of the survey team’s experience working on similar projects.

Similar projects are defined as construction of artificial islands using granular and fine material obtained from a large river system. Provide two (2) projects that demonstrate experience that includes pre-construction surveys, set up of jobsite GPS network, managing grade control, and providing final surveys and quantities for payment.

1.3.2. Factor 2: Past Performance Factor

The Government will evaluate the Offeror’s record of past performance to ascertain the probability of successfully performing the required efforts of the Plans and Specifications.

The Government will focus its inquiries on the Offeror’s record of performance as it relates to all solicitation requirements, including cost, schedule, performance and management of subcontractors. The Offeror shall provide past performance information for all of the projects used under the Relevant Contractor Experience subfactor above.

Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the Offeror will be assigned a “neutral confidence” rating and its proposal will not be evaluated either favorably or unfavorably on past performance.

The past performance factor considers each Offeror’s demonstrated recent and relevant record of performance. One performance confidence assessment rating is assigned for each Offeror after evaluating the Offeror's recent past performance, focusing on performance that is relevant to the contract requirements.

1.3.3. Factor 3: Small Business Participation Commitment Plan

In accordance with Defense FAR Supplement (DFARS) 215.304(c)(i), the extent to which offerors identify and commit to small business performance of the contract shall be evaluated. Offerors shall submit a Small Business Participation Commitment Plan (SBPCP) which specifies the offeror’s level and degree of commitment to small business utilization/participation in performance of this requirement. An SBPCP is required from all offerors, including companies with commercial plans and comprehensive subcontracting plans. Small business participation commitments will become requirements and be incorporated into the resulting contract. The Government will evaluate the following:

a) The extent to which small business firms, as defined in FAR Part 19, are specifically identified in proposals;

b) The extent of commitment to use small business firms (i.e. binding commitments that will become enforceable/contractual requirements will be weighted more heavily than non-enforceable ones);

c) The complexity and variety of the work small business firms are to perform;

d) Past performance of the offerors in complying with requirements of the clause at FAR

52.219-8, Utilization of Small Business Concerns;

e) The extent of the participation of small business prime offerors and small business subcontractors in terms of total contract value;

f) The extent to which the offeror meets or exceeds the goals for small business participations.

The goals for this procurement are:

Small Business Category Minimum Percentage Mandatory (M) or Best Effort (BE) Small Business (SB) 60% M Small Disadvantaged Business 3% M Woman-Owned Small Business 5% M HUBZone Small Business No Minimum BE Veteran Owned Small Business 3% M

Service-Disabled Veteran- Owned Small Business

No Minimum BE

Evaluation of the small business participation plan shall be in accordance with the Small

Business Participation Commitment Plan (Template) (Attachment 2). Small business contractors may achieve small business participation goals through their own performance/participation as a prime and also through a joint venture, teaming arrangement, and subcontracting to other small businesses.

1.1.1. Factor 4: Price

Price will be evaluated in accordance with FAR Part 15. Contract Line Item prices will be evaluated to determine whether the proposed prices are reasonable for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the Offeror's technical proposal.

Prices offered will be evaluated for reasonableness in comparison to the Government estimate. In accordance with 33 U.S.C. 622 and 624, no civil works construction contract shall be awarded if the contract price exceeds the Government estimate by more than twenty-five (25) percent.

The Government may reject any proposal that is evaluated and determined to be unbalanced; unrealistic in terms of project commitments, including contract terms and conditions; or unreasonably high or low in cost when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the project.

Section 00 21 16 - Instructions to Proposers

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.

(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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or https://www.sam.gov/ services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this…