W912P621B0002_492617_Elmwood_Pk_Watermain_Replacement_Elmwood_Pk IL_RTA_SPECS_(22-Jul-21).pdf

SOLICITATION NO: W912P621B0002

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

ELMWOOD PARK WATER MAIN

REPLACEMENT, VILLAGE OF ELMWOOD

PARK, ILLINOIS

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

Certified Final Documents – Ready to Advertise W912P621B0002 July 22, 2021

Elmwood Park Watermain Replacement, Village of Elmwood Park, IL W912P621B0002

PROJECT TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 21 13 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

WAGE RATES

DIVISION 00 SUBSURFACE INVESTIGATION INFORMATION

00 31 32.13 SUBSURFACE DRILLING AND SAMPLING INFORMATION

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 11 00 SUMMARY OF WORK

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROL

01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00 PROJECT IDENTIFICATION

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 31 EARTHWORK

31 00 00 EARTHWORK

DIVISION 32 EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSES

32 12 13 BITUMINOUS TACK AND PRIME COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 16 19 CONCRETE CURBS, GUTTERS AND SIDEWALKS

32 17 23 PAVEMENT MARKINGS

DIVISION 33 UTILITIES

33 11 00 WATER UTILITY DISTRIBUTION PIPING

U U

U -- End of Project Table of Contents --

Elmwood Park Watermain Replacement, Elmwood Park, IL W912P621B0002

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 31 32.13

SUBSURFACE DRILLING AND SAMPLING INFORMATION

03/14

PART 1 GENERAL

1.1 SITE SPECIFIC DATA

1.2 ADDITIONAL INFORMATION ON SUBSURFACE CONDITIONS

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 31 32.13 Page 1

RTA - 07/22/21

Project Title:Village of Elmw ood Park Water Main Replacements FY21 - (Elmw ood Park, IL) Chicago District Project

ProjectDescription: See Section 00 70 00.

COMPETITION FOR THIS ACQUISITION IS 100% SET-ASIDE FOR SMALL BUSINESS CONCERNS; the applicable NAICS is 237110 w ith a small business size standard of $39.5M for Water and Sew er Line and Related Structures Construction.

The Estimated Magnitude of Construction Costs, in accordance w ith FAR 36.204 is betw een $1M and $5M.

Construction Wage Rates: General Decision Number IL20210009, dated 06/11/2021 applies to this solicitation.

All BIDS in response to this Solicitation shall be submitted as described at Solicitation Section 00 21 13. - NO OTHER TRANSMISSION METHODS

(HAND CARRIED, ETC.) WILL BE ACCEPTED.

NOTE: For the purposes of bidding this acquisition, w herein stated "RFP," it means IFB and w herein stated "offer," it means Bid.

X

KYLE D SMITH 312.846.5370

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

27-Jul-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________360 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 70 00

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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________26 Aug 2021 (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 X is, is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 312.846.5371 TEL: FAX:

W912P621B0002 77

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

Section 00 10 00 - Solicitation

BID PRICING

SUMMATION OF BID PRICES

TOTAL AMOUNT FOR BASE BID ITEMS:

TOTAL AMOUNT FOR GROUP 1 OPTION ITEMS:

OVERALL TOTAL BID PRICE (ALL ITEMS, INCLUSIVE OF ALL SUBLINE/OPTION ITEMS):

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Work

FFP

This is a parent Contract Line Item, linking its Sub-Items 0001AA through 0001BW. The actual work to be performed is described under the aforementioned Sub-Items. In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0001AA through 0001BW, wherein the sub-line items themselves identify the quantities required to perform said work.

NET AMT

0001AA 1 Job

TRAFFIC CONTROL AND PROTECTION,

FFP

TRAFFIC CONTROL AND PROTECTION, (SPECIAL)

PSC CD: Z2ND

0001AB 1 Job

CONSTRUCTION LAYOUT

FFP

0001AC 116 Each

TREE PROTECTION

0001AD 60 Each

TREE ROOT PRUNING

0001AE 20 Each

TREE PRUNING (1 TO 10 INCH DIAMETER)

0001AF 20 Each

TREE PRUNING (OVER 10 INCH DIAMETER)

0001AG 2,302 Cubic

Yard

TRENCH BACKFILL

0001AH 545 Net Ton

(2,000

LB).

AGGREGATE FOR TEMPORARY ACCESS

0001AJ 15 Linear

Foot

STORM SEWER REMOVAL

0001AK 90 Linear

DUCTILE IRON WATER MAIN 6"

0001AL 2,691 Linear

DUCTILE IRON WATER MAIN 8"

0001AM 15 Linear

DUCTILE IRON WATER MAIN 12"

0001AN 6 Each

WATER VALVES, 8"

0001AP 7 Each

REMOVE FIRE HYDRANT

0001AQ 8 Each

FIRE HYDRANTS

FFP

FIRE HYDRANTS, WITH AUXIUARY VALVE, VALVE BOX AND TEE

0001AR 2 Each

CATCHBASINS

FFP

CATCHBASINS, TYPE A, 4'-DIAMETER, TYPE 1 FRAME, OPEN LID

0001AS 5 Each

VALVE VAULTS

FFP

VALVE VAULTS, TYPE A, 4'-DIAMETER, TYPE 1 FRAME, CLOSED LID

0001AT 1 Each

VALVE VAULTS, TYPE A, 5'-DIAMETER

FFP

VALVE VAULTS, TYPE A, 5'-DIAMETER, TYPE 1 FRAME, CLOSED LID

0001AU 1 Each

REMOVING MANHOLES

0001AV 8 Each

FRAMES AND LIDS, TYPE 1, CLOSED LIDS

0001AW 2 Each

REMOVING CATCHBASINS

0001AX 90 Linear

SANITARY SEWER REMOVAL AND REPLACEMENT (WATER MAIN

REQUIREMENTS), 8"

0001AY 1 Each

MANHOLES, SANITARY, 4'-DIAMETER, TYPE 1 FRAME, CLOSED LID

0001AZ 2,351 Square

CLASS D PATCHES, 6 INCH, SPECIAL

0001BA 430 Square

CLASS D PATCHES, 8 INCH, SPECIAL

0001BB 24 Each

ADJUSTING SANITARY SEWER SERVICE, 8" OR LESS

0001BC 4 Each

DISCONNECT AND CAP EXISTING WATER MAIN

0001BD 1 Each

SHUT DOWN CONNECTION W/6" X 8" REDUCER

0001BE 1 Each

SHUT DOWN CONNECTION W/12" X 8" TEE

0001BF 281 Linear

SEWER REMOVAL AND REPLACEMENT

SEWER REMOVAL AND REPLACEMENT (WATER MAIN

REQUIREMENTS), 8"

0001BG 40 Linear

WATER MAIN REQUIREMENTS

SEWER REMOVAL AND REPLACEMENT (WATER MAIN

REQUIREMENTS), 12"

0001BH 40 Linear

STORM SEWER, PVC, 8 INCH

0001BJ 15 Linear

STORM SEWER, PVC, 12 INCH

0001BK 40 Linear

WATER MAIN REMOVAL

0001BL 4 Each

WATER VALVE BOX REMOVAL

0001BM 48 Each

WATER SERVICE LINE, SHORT RECONNECTION,

FFP

WATER SERVICE LINE, SHORT RECONNECTION, 1 INCH

0001BN 51 Each

WATER SERVICE LINE, LONG RECONNECTION, BORED, 1 INCH

0001BP 5 Each

WATER SERVICE LINE, SHORT RECONNECTION, 1.5 INCH

0001BQ 1 Each

WATER SERVICE LINE, LONG RECONNECTION

FFP

WATER SERVICE LINE, LONG RECONNECTION, BORED, 1.5 INCH

0001BR 44 Square

CLASS B PATCH 10 INCH, SPECIAL

0001BS 23 Linear

EXPLORATORY EXCAVATION

0001BT 133 Linear

PVC CASING C-900, 16 INCH

0001BU 1 Each

LINE STOP, 8 INCH

0001BV 2 Each

LINE STOP, 12 INCH

0001BW 1 Lot

PERFORMANCE AND BONDS

FFP

This item is for bond coverage, which is applicable to line Bond LINE ITEMS

0001AA THROUGH 0001BV.

Payment for bond premiums will be in accordance with paragraph (g) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15 (DEV) , Performance and Payment Bonds- Construction).

OPTION OPTION 1 ITEMS

FFP

This is a parent Contract Line Item, linking its Sub-Items 0002AA through

0002AY.

The actual work to be performed is described under the aforementioned Sub-Items.

In that regard, the Contractor's pricing to perform the required services shall be provided therein Items 0002AA through 0002AY, wherein the sub-line items themselves identify the quantities required to perform said work.

0002AA 9 Each

OPTION SUPPLEMENTAL WATERING

0002AB 100 Cubic

OPTION AGGREGATE SUBGRADE IMPROVEMENT

0002AC 430 Net Ton

OPTION AGGREGATE FOR TEMPORARY ACCESS

0002AD 6,250 Pound

OPTION BITUMINOUS MATERIALS (PRIME COAT)

0002AE 520 Net Ton

OPTION LEVELING BINDER (MACHINE METHOD), N50

0002AF 779 Net Ton

OPTION HOT-MIX ASPHALT SURFACE COURSE, MIX "D"

HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N50

0002AG 156 Square

OPTION DETECTABLE WARNINGS

0002AH 6,678 Square

OPTION HOT-MIX ASPHALT SURFACE REMOVAL, 2 1/4"

0002AJ 21 Square

OPTION THERMOPLASTIC PAVEMENT MARKING, L&S

0002AK 415 Linear

OPTION THERMOPLASTIC PAVEMENT MARKING, LINE 4"

0002AL 1,185 Linear

OPTION THERMOPLASTIC PAVEMENT MARKING, LINE 6"

0002AM 675 Linear

OPTION THERMOPLASTIC PAVEMENT MARKING, LINE 12"

0002AN 325 Linear

OPTION THERMOPLASTIC PAVEMENT MARKING, LINE 24"

0002AP 2,886 Square

OPTION SODDING SPECIAL

0002AQ 6 Each

OPTION FRAMES AND LIDS

FFP

FRAMES AND LIDS, TO BE ADJUSTED, (SPECIAL)

0002AR 6 Each

OPTION

FFP

DRAINAGE AND UTILITY STRUCTURES TO BE RECONSTRUCTED

0002AS 6 Each

OPTION DRAINAGE STRUCTURES TO BE ADJUSTED

0002AT 2,700 Square

OPTION

PCC SIDEWALK REMOVAL AND REPLACEMENT, 5 INCH, SPECIAL

0002AU 909 Linear

COMBINATION CONCRETE CURBE AND GUTTER REMOVAL AND

REPLACEMENT B-6.12, SPECIAL

0002AV 250 Linear

OPTION DETECTOR LOOPS, SPECIAL

0002AW 100 Square

PCC DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT, 6"

SPECIAL

0002AX 100 Cubic

OPTION REMOVAL AND DISPOSAL OF UNSUITABLE MATER

0002AY 1 Lot

OPTION PERFORMANCE AND BONDS

FFP

This item is for bond coverage, which is applicable to line Bond LINE ITEMS

0002AA THROUGH 0002AX.

Payment for bond premiums will be in accordance with paragraph (g) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15 (DEV) , Performance and Payment Bonds- Construction).

Section 00 21 00 - Instructions

EVALUATION OF SUBLINE ITEMS

5152.211-9000 Evaluation of Subline Items.

EVALUATION OF SUBLINE ITEMS (DEC 2019)

Item Numbers 0002AA-0002AY are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE CONSTRUCTION CONTRACT resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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

2014)

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

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

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

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

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

John C. Butts Contracting Officer

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

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

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

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

(b) Site visits may be arranged during normal duty hours by contacting:

Northern Area Office 620 Barry Rd, Bldg. 158 Great Lakes, IL 60088 847-688-4431

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):

www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

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

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

Section 00 21 13 - Instructions to Bidders

IMPORTANT BID NOTES

1. BID CONDITIONS:

a. The Contractor shall bid ALL items that are contained in the Bid Schedule, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item. AT THE SUMMATION OF BIDS SECTION, contractors shall ensure their total bid price is summed correctly. The Contracting Officer reserves authority to correct math mistakes in accordance with the Federal Acquisition Regulation Subpart provisions at 14.407-2, “Apparent clerical mistakes.”

b. From this Solicitation, the Government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest aggregate price for all Base and option Items. The intent is immediately award the base items at the time of award.

c. Split or multiple awards will not result from this Solicitation.

d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided OR, by completing Blocks 8 and 15 of the Amendment Form itself (Standard Form 30) and emailing the acknowledgement to Kyle Smith at kyle.d.smith@usace.army.mil.

e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located on Page 2 of the Solicitation document (SF 1442 Back) - refer to Block’s 14 through 20C.

f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award. Contractors must comply with 52.204-7, 52.204-8, 52.232-33 and any other requirements in this solicitation through SAM

2. BID SUBMISSION:

a. Bids shall be submitted by EMAIL to Kyle Smith at kyle.d.smith@usace.army.mil with copies furnished to Michael Jones at michael.t.jones@usace.army.mil.

b. In consideration of the provisions of Subpart 14.301 of the Federal Acquisition Regulation, wherein the “responsiveness of bids” is provisioned, bidders must comply with all material respects of this Solicitation (Invitation for Bids) to be considered for the resulting award.

Accordingly, bids must be in compliance with the submission requirements discussed below.

c. METHOD OF BID SUBMISSION: ALL BIDS IN RESPONSE TO THIS SOLICITATION

SHALL BE SUBMITTED BY ELECTRONIC MAIL (EMAIL). THE SUBJECT LINE OF

YOUR EMAIL SHALL INCLUDE THE SOLICITATION AND PROJECT TITLE.

(1) Emailed Bids shall be transmitted and accompanied by all other required documents (re:

“Important Bid Notes,” Solicitation Section 00 21 13). The Bidder’s bid and all required documents shall be attached therein the Email. The subject line of the Email shall contain the Solicitation Number and Project title. The Bidder shall verify all contents of its attachments to ensure they are readable and in full compliance with the Solicitation requirements. Therefore, prior to submitting the bid, the Bidder shall ensure all bid documents are in conformance and enclosed for bidding purposes. The date and time stamp provided via the government’s email will constitute the time of receipt of a bid package. The government will acknowledge receipt of the Bidder’s email. The government will not review the Bid or any of the attachments provided via the Bidder’s email until the Bid Opening. All electronically submitted files by Email CANNOT EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to the aforementioned email inboxes. It is the responsibility of the contractor to determine the size of its electronic file. Should the Bidder need to break up its submittal, it may provide its attachment under separate emails to avoid exceeding the size limit. The last email received will constitute the full submission of the Bid, e.g. the time received by the government.

(2) TIME OF SUBMISSION: Bids are required prior to 4:30 p.m. (Central Time) as specified on

Page 1 of this Solicitation, Block #13a. Please note, FAR Subpart 14.302 Bid submission;

“Bids shall be submitted so that they will be received in the office designated in the invitation for bids not later than the exact time set for opening of bids.”

(3) VIRTUAL BID OPENING: For this procurement, Contracting will conduct a virtual Bid

Opening in accordance with the below provisions. These procedures are being used because of the current public health concerns affiliated with COVID-19.

(4) VIRTUAL BID OPENING PROVISIONS/ PARTICIPATION:

THE VIRTUAL BID OPENING WILL BEGIN AT 4:30 P.M. (CENTRAL TIME) ON the date specified on Page 1 of this Solicitation, Block #13a. (Bids are due PRIOR to 4:30 p.m.

(Central Time) - THE WEBEX AND AUDIO INFORMATION FOR THE VIRTUAL BID

OPENING FOLLOWS:

Interested individuals will navigate to a WEBEX link. The bids will be read aloud and individuals will be able to view the Bid Opening information on the WEBEX screen as the bids are opened.

Should technological issues ensue from the visual viewing at the WEBEX, the audio access will take precedence and satisfy the conditions of bids being communicated publicly/read aloud.

Within 3 days prior to the bid opening, the government will provide a meeting link with a password and phone number at the beta.sam.gov website (https://beta.sam.gov), wherein the Solicitation package is published.

3. BID GUARANTEE:

Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation Section 00 21 00 for the full text of this Clause.

A bid guarantee shall be submitted at 20% of the bid price or $3M whichever is the lesser. Any bidder failing to submit a Bid Guarantee will be considered non- responsive to the Solicitation and ineligible for award.

Emailed Bids: When submitting your Bid by email, the bid guarantee must be included in your emailed attachment(s).

4. ATTACHMENT A – PREAWARD SURVEY FORM:

The bidder shall complete the enclosed Attachment A and submit it along with iyour bid (this form must be included in your attachments). The preaward survey form is to aid in expediting the award of this project.

Only the winning bidder’s information will be surveyed.

5. QUESTIONS:

SHALL BE SUBMITTED IN SUFFICIENT TIME TO BE ANSWERED VIA AN AMENDMENT

PRIOR TO THE BID OPENING DAY AND TIME (Re: 52.214-6 Explanation to Prospective Bidders).

Please include the solicitation number and project title in the subject line of your email.

ATTACHMENT A

PREAWARD SURVEY INFORMATION

(RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)

CONTRACTOR:

SOLICITATION W912P621B0002, “Village of Elmwood Park Water Main Replacement

- (Elmwood Park, IL) Chicago District Project”

Please complete the below form to assist in the completion of a Pre-award Survey:

1. Month and Year started in business:

2. Year and State Incorporated:

3. Key Personnel:

President/Owner:

Vice President/Partner:

Secretary/Treasurer:

4. Number of Full-Time Employees:

5. Surety - Agency:

Agent:

Address, City & State:

Telephone#:

6. Insurance Company - Agency:

Agent:

7. Financial Institution Information - Name of Bank:

Contact Person:

8. References: Provide the names and contact information of three references.

Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with Labor Standards.

9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?

END OF FORM

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 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 Items. 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…