W912HY21R0012_Amendment 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

Amendment 0002 hereby clarifies the time of the proposal due date to Central Daylight Time, adds verbiage to paragraph 6.1.5 in Section 00 22 10, removes 52.204-24 (AUG 2020) and replaces it w ith 52.204-24 (DEC 2021), removes 52.216-7 and moves 52.216-7 Alt. 1 from Section 00 21 00 to Section 00 72 00, removes 52.204-8 (MAR 2020) and replaces it w ith 52.204-8 (JAN 2022), removes 252.204-7007 Alt. A (APR 2020) and replaces it with 252.204-7007 Alt. A (MAY 2021).

These changes have been noted and can be found through searching *AM2 in the document.

All other terms and conditions remain unchanged.

Contract Specialist: Lindsey Byfield, Lindsey.M.Byfield@usace.army.mil

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.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 58

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 W912HY21R0012

X 9B. DATED (SEE ITEM 11)

21-Mar-2022

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 is extended, X 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 1 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

14-Apr-2022

CODE

CONTRACTING OFFICER ADDRESS

USAED, GALVESTON

CONTRACTING DIVISION

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 01 10 - TABLE OF CONTENTS

SUMMARY OF CHANGES

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been modified:

TABLE OF CONTENTS

Section 00 01 10 – Table of Contents

Section 00 11 00 Standard Form (SF) 1442 and CLIN Schedule Section 00 21 00 Instructions, Conditions, and Notices to Offerors Section 00 22 10 Phase 1 of 2 Phase Design Build Selection Procedures Section 00 22 20 Phase 2 of 2 Phase Design Build Selection Procedures Section 00 45 00 Representations and Certifications Section 00 72 00 Contract Clauses

Multiple Award Task Order Contract (MATOC) for Horizontal Construction in Support of Galveston District (SWG) and the Southwestern Division (SWD)

Phase 1

RFP No. W912HY21R0012

U.S. ARMY ENGINEER DISTRICT,

GALVESTON CORPS OF

ENGINEERS

U.S. Army Corps of Engineers Galveston District

Request for Proposal

GALVESTON, TEXAS

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATIONNO.

W912HY21R0012

2. TYPEOF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

21 March 2022

PAGE OF PAGES

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

4. CONTRACTNO. 5. REQUISITION/PURCHASEREQUESTNO. 6. PROJECT NO.

7. ISSUED BY CODE W912HY 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

US ARMY CORPS OF ENGINEERS

GALVESTON DISTRICT

CONTRACTING DIVISION

See Item 7

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

TEL: 409 766 3850 FAX: TEL: FAX:

9. FORINFORMATION

CALL:

A. NAME

JOSHUA D MAHON

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

409 766 4656

SOLICITATION

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

10. THEGOVERNMENTREQUIRESPERFORMANCEOF THEWORK DESCRIBEDIN THESEDOCUMENTS (Title, identifying no., date):

Project Title: Multiple Award Task Order Contract (MATOC) for Horizontal Construction in Support of the Galveston District (SWG) and

Southwestern Division (SWD)

NAICS: 237990

Set-aside: Unrestricted with a Small Business reserve

Contract Type: Multiple Award Task Order Contract (MATOC) f or Design-Build (DB) and Design-Bid-Build (DBB) task orders

Basis of Award: Best Value Tradeoff

Solicitation Phases: Two Phases

Task Order Types: Firm Fixed Price (FFP), Fixed Price with Economic Price Adjustment (FPEPA), and Fixed Price Incentive (FPI) (Fixed Price

Incentive Firm Target (FPIF) & Fixed Price Incentive Successive Target (FPIS) and Integrated Design and Construction (IDAC).

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See Per Task Order .)

12 A. THECONTRACTORMUSTFURNISHANY REQUIREDPERFORMANCEANDPAYMENTBONDS?

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

X YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATIONREQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00PM Central Daylight Time *AM2 (hour) local time 21 April 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

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

Prescribed byGSA

FAR (48 CFR) 53.236-1(e) m5ectlmb Sticky Note Completed set by m5ectlmb

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

OFFER (Must be fully completed by offeror)

14. NAMEANDADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONENO. (Include area code)

16. REMITTANCEADDRESS (Include only if different than Item 14)

See Item 14

CODE FACILITY CODE

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

AMOUNTS SEESCHEDULEOF 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)

AMENDMENTNO.

DATE

20A. NAMEANDTITLE OF PERSONAUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMITINVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHERTHANFULL ANDOPENCOMPETITIONPURSUANT TO

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

26. ADMINISTEREDBY CODE 27. PAYMENT WILL BE MADE BY: CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATEDAGREEMENT (Contractor is required to sign this document and return _ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets f or the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

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

Y our offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and y our offer, and (b) this contract award. No further contractual document is necessary.

30A. NAMEANDTITLE OF CONTRACTOR OR PERSONAUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

TEL: EMAIL:

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

Section 00 01 10 – Table of Contents

Section 00 11 00 Standard Form (SF) 1442 and CLIN Schedule Section 00 21 00 Instructions, Conditions, and Notices to Offerors Section 00 22 10 Phase 1 of 2 Phase Design Build Selection Procedures Section 00 22 20 Phase 2 of 2 Phase Design Build Selection Procedures

Section 00 45 00 Representations and Certifications

Section 00 72 00 Contract Clauses

Section 00 73 00 Special Contract Requirements

Section 00 90 00 Description / Specs / Work Statement

Section 00 11 00 – Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT

QUANTITY

0001 7,000,000,000 Job

Base (8-Year) - Ordering Period

FFP

Multiple Award Task Order Contract (MATOC) for fixed price horizontal construction and preconstruction services task orders in support of the US Army Corps of Engineers (USACE), Galveston District (SWG) and Southwestern Division (SWD).

FOB: Destination

PSC CD: Y1PZITEM

Section 00 21 00 – Instructions, Conditions, and Notices to Offerors

1. GENERAL:

1.1. The Multiple Award Task Order Contracts (MATOCs) resulting from this solicitation are intended to support the U.S. Army Corps of Engineers, Galveston District (SWG) and the Southwestern

Division (SWD) primarily for the Bipartisan Budget Act of 2018 (BBA18). The MATOCs may also be used for horizontal construction needs in support of other USACE programs within the boundaries of the Southwestern Division (SWD), such as civil works, military, and Interagency and International

Services (IIS) support.

1.2. The contractor shall submit a proposal in accordance with the terms and conditions set forth in

Phase 1 of a two-phase procurement. DO NOT PROVIDE A PRICING PROPOSAL IN PHASE ONE

OF THIS RFP.

1.3. The Government intends to evaluate proposals, establish a competitive range that consists of the most highly rated proposals, and award after discussions. The Government reserves the right not to conduct discussions if the Contracting Officer determines they are not necessary.

1.4. Do not include exceptions to the terms and conditions of the solicitation in your proposal. If the offer includes any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined "unacceptable" and thus ineligible for award. Any questions related to specific terms and conditions must be resolved prior to submission of the proposal.

1.5. In accordance with the FAR, no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures have been met.

1.6. As this is a competitive negotiation acquisition, there is no public bid opening, and no information will be given out as to the number of offerors or the results of the competition until all awards are made.

1.7. Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.8. The Government will not pay any costs incurred in the preparation and submission of the initial and/or any subsequent proposals.

1.9. Responders are advised that this requirement may be delayed, cancelled, or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process.

1.10. Offerors must be registered in System for Acquisition Management (SAM) (https://sam.gov) to be eligible for award. SAM requires new and updated accounts to be accompanied by a notarized letter appointing the authorized Entity Administrator for their SAM account(s). Acceptance of the letter and subsequent approval of SAM registration can take up to two months. In addition, ensure your SAM account indicates your firm is eligible for “All Awards.”

2. INQUIRIES:

2.1. General questions should be submitted via e-mail to: Lindsey Byfield at

Lindsey.M.Byfield@usace.army.mil or to contact via phone: 918-669-7070.

2.2. Technical questions relating to proposal procedures or bonds are to be submitted via

ProjNet at www.projnet.org.

mailto:joshua.d.mahon@usace.army.mil http://www.projnet.org/ m5ectlmb

2.3. The Quick Add Key for the official RFP Phase 1 is: QG5RW6-QB3C9Y

2.4. From the home page, select “Quick Add” at the top right-hand side of the screen. Select

"USACE" as the Agency

Enter the Quick Add Key in “Key”

Enter your email address Check to agree to the Privacy and Security Notice.

If you are not registered a set of fields will appear. Complete all the fields. Once completed, you will be taken to the inquiry page for the solicitation. From here you can view all inquiries or add an inquiry.

W912HY21R0012.

*** Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

2.5. Include the solicitation number, project title, and location of project with your questions. Note that due to the highly constricted schedule and firm contract award dates for this requirement, inquiries

MUST be received by this office not later than ten (10) business days prior to the proposal due date.

2.6. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

2.7. Offerors are requested to review the specification in its entirety and review ProjNet for answers to questions prior to submission of a new inquiry.

2.8. The call center operates weekdays from 8 A.M. to 5 P.M. U.S. Central Time Zone

(Chicago). The telephone number for the Call Center is 800-428-4357.

3. GENERAL PROPOSAL INSTRUCTIONS:

3.1. All pages must be numbered.

3.2. Submit only the information/documents specifically required. Do not submit excess information, to include audio-visual materials, electronic media, etc.

3.3. Failure to include all required information may cause the proposal to be considered non-responsive and not considered further for award.

3.4. Do not use a font size smaller than 10, Times New Roman, or condensed print for any submission. All page margins must be at least 1 inch wide but may include headers and footers.

3.5. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition,” paragraph (e), “Restriction on disclosure and use of data.”

3.6. In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work under the prospective contract.

3.7. For submissions with page limitations, the pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are not included in the page limitation.

3.8. Failure to include all required information may cause the proposal to be considered non-responsive and not considered further for award.

4. DIRECTIONS FOR SUBMITTING PROPOSALS:

Vendors seeking to do business with the Southwestern Division must complete a vendor registration on https:// piee.eb.mil/, as you will be required to submit proposals through the PIEE Solicitation Module. Please note that it is imperative that the e-mail address you used to register in SAM.GOV MUST be the same e-mail address used to register in PIEE. Identify the Solicitation Number W912HY21R0012 and Project Title in subject line of the email.

There are 10 general steps a vendor must follow in order to register and use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5

*AM2 A test run for proposal submission in PIEE is available to offerors, where offerors may submit ONLY the proposal data sheet, section 00 22 10 Attachment 1, using a TEST solicitation number W912HY22R0011. The test run proposal submission availability will close on 19 April 2022 at 2:00 PM Central Daylight Time. Offerors are notified that this is strictly utilized for the testing purposes of proposal submission for W912HY21R0012 and is NOT required for proposal submission on W912HY21R0012.

Test Submission Solicitation Number: W912HY22R0011

On the day of the actual proposal submission, offerors should send an email to the contract specialist with a screen shot or other verification of successfully transmitting proposal through PIEE.

--END OF SECTION--

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

DEC 2021

52.216-27 Single or Multiple Awards OCT 1995 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.228-1 Bid Guarantee SEP 1996 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

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)

*AM2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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 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 solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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 CESWG-CT, ATTN: Jeremy Babb, 2000 Fort Point Road, Galveston, TX 77550

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affectingthe Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quotersare urged and expected to inspect the site where the work will be performed.

(b) Site visit information for the Phase Two seed project task order will be sent out with that project solicitation.

(End of provision)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

Section 00 22 10 – Phase 1 of 2 Phase Design Build Selection Procedures

1.0 OVERVIEW:

1.1. This is a two-phase competitive solicitation for a fixed-price Multiple-Award Task Order Contract

(MATOC) utilizing the best value trade-off process for horizontal construction in support of the U.S.

Army Corps of Engineers, Galveston District (SWG) and the Southwestern Division (SWD) primarily for the Bipartisan Budget Act of 2018 (BBA18). The MATOC may also be used for horizontal construction needs in support of other USACE programs within the boundaries of the SWD, such as civil works, military, and Interagency and International Services (IIS) support. The MATOC will have an 8 year base period. The total capacity of the MATOC is $7 billion. Task order types include Firm

Fixed Price (FFP), Fixed Price with Economic Price Adjustment (FPEPA), Fixed Price Incentive

(FPI) to include Fixed Price Incentive Firm Target (FPIF) and Fixed Price Incentive Successive Target

(FPIS) and Integrated Design and Construction (IDAC).

1.2. The MATOC scope includes Preconstruction Services as well as Design Bid Build (DBB) and Design

Build (DB) horizontal construction activities, to include new construction, repairs, and alterations activities including but not limited to: Marine Structures, Dredge Material Placement Areas, Flood

Control Structures, Levees, Jetties, Erosion Protection, Gates: Hydraulic, Sector, Road, Railroad, Retaining Walls, Drainage Improvements, Bridge Construction, Pump Stations, Road Construction, Beach Nourishment, etc.

1.3. The Government will obligate a guaranteed minimum amount of $2,500 for the base period only.

Competition will be full and open under NAICS 237990. The Offerors shall organize their proposals as described herein.

1.4. Proposals may be determined non- responsive for failure to follow the format prescribed herein.

1.5. In order to effectively and equitably evaluate all proposals, the Contracting officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failure to submit and organize proposal as requested may adversely affect an Offeror’s evaluation.

1.6. Proposal shall not exceed the page limits described. Provide all information in tabbed sections.

1.7. Galveston District intends to award one (1) MATOC with a target of 15 Indefinite Delivery Contracts

(IDCs) with the target of five (5) awards to Small Businesses for the Small Business Reserve within the

MATOC.

1.8. This solicitation will be evaluated under the Two-Phase Design Build Process. In Phase One, interested firms or joint venture entities (referred to as “Offerors”) may submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build/design-bid-build construction and preconstruction services MATOC resulting from this solicitation. The

Government will evaluate responsive proposals based on the Phase One evaluation criteria herein.

1.9. Small business firms shall be evaluated under the Small Business Reserve standards unless they identify as part of the proposal data/acknowledgement sheet a request to be evaluated by Unrestricted criteria standards and demonstrate the capability to bond at least $350M per paragraph 8.1.2.

1.10. After evaluation of the Phase One proposals, the Government will select a target of twenty (20) of the most highly qualified Offerors to be invited to submit proposals for Phase Two of the solicitation with a target of seven (7) of the 20 being small businesses for the Small Business Reserve.

1.11. It is not intended for the Offerors to complete and provide price information in Phase One.

1.12. In Phase Two, the selected Offerors will submit a technical and price proposal for a seed design/build project task order and a sample preconstruction services proposal. The Government will evaluate the

Phase Two proposals in accordance with the criteria described in Section 00 22 20, which is provided as informational purposes only and subject to revision. The final version will be provided during the

Phase Two process.

1.13. The Government will evaluate responsive proposals based on the Phase One evaluation criteria herein.

Firms other than the Prime Contractor included in Factor 1 – “Past Performance” or Factor 3 –

“Organization/Management Team” must have a letter of commitment signed by that firm and the Prime

Contractor.

1.14. Firms that are formally organized as design-build entities and design firms/construction contractors that have partnered specifically for this project may submit proposals. These partnerships may be as joint ventures or as key team subcontractors. Small Business Joint Ventures must be in compliance with FAR

19.

1.15. All designs under this contract must be developed under the direct supervision of appropriately licensed professionals for each discipline involved.

1.16. Only those Offerors who receive written notification from the Contracting Officer that their firm has been selected to participate in Phase Two of this solicitation will be invited to submit a Phase Two proposal. Those Offerors selected for Phase Two will be provided the technical requirements package for the Seed and Sample Project Task Order requirements. The requirements will represent the type of work and task order requirements anticipated to be issued under the resultant MATOC.

1.17. In Phase Two, the selected Offerors will submit technical and price proposals for the Task Order requirement(s). There will be a total of two Seed Project task orders and one Sample Project task

Order. One Seed Project Task Order requirement will be reserved exclusively for the Small Business

Reserve and the second Seed Project Task Order requirement will be reserved exclusively for those determined to be the most highly qualified Unrestricted firms. Small businesses may submit proposals for both the Unrestricted and Small Business Reserve Seed Task Order requirements only if they are determined to be among the most highly qualified against the Unrestricted criteria. Small Business firms will not receive more than one MATOC award. In order to be considered for a Small Business

Reserve MATOC award, small businesses shall submit a proposal for the Small Business Reserve

Seed.

1.18. In Phase Two, all selected firms shall submit a price proposal for the Sample Project Task Order requirement. An eligible proposal is a proposal that does not have an unacceptable rating under any non-price factors and the price is determined to be fair and reasonable. The Government will evaluate

Phase Two proposals in accordance with the criteria described in section 00 22 20 of Phase Two.

2.0 BASIS OF AWARD:

Selection for award will be determined using the Best-Value Tradeoff Process in accordance with FAR

15.101 and as stated in Phase Two evaluation criteria in section 00 22 20, paragraph 3.0, Basis of Award.

Phase One non-price factors will carry over into the Phase Two criteria for evaluation.

3.0 GENERAL INSTRUCTIONS: The Phase One proposals must be organized by the sections indicated below.

4.0 PHASE ONE PROPOSAL CONTENTS AND EVALUATION FACTORS:

Offerors shall submit their proposals in accordance with the following:

File Name Description Factor Relative Importance

Volume 1, Tab A

Cover Letter, SF 1442, Proposal Data/Acknowledgement Sheet, Representations and Certifications, Accounting System Status (go/no go)

N/A

Volume 1, Tab B Factor 1 – Past Performance Most important factor

Volume 1, Tab C Factor 2 – Construction Execution Approach

Factor 2 is less important than factor 1 but more important than

Factor 3.

Volume 1, Tab D Factor 3 – Organization / Management Team Factor 3 is less important than

Factor 2.

5.0 VOLUME 1, TAB A:

5.1. Submit a Cover Letter. Indicate whether you are a Small Business and/or a certified HUBZone…