W912P723B0003 - Oakland InnerOuter FY23 Specs.pdf

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DESCRIPTION OF WORK:

The w ork includes annual maintenance dredging of the Oakland Inner and Outer harbor channel to -50-ft (MLLW) plus 1-ft of paid over-depth and transporting of the dredged material per the requirements in specification Section 00 10 00 PRICING SCHEDULE and 01 11 00 SUMMARY OF WORK. All material is suitable for disposal at Contractor-furnished upland beneficial reuse sites.

The North American Industry Classif ication System (NAICS)C ode applicable to this acquisition is 237990.

ESTIMATED COSTRANGE IS BETWEEN $10,000,000 AND $25,000,000

See FAR Clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

BIDDER QUESTIONS

Questions releating to this solicitation and technical inquiries w ill be submitted via email to the assigned contract specialist. Inquiries must be received no later than 14 calendar days prior to the date set for bid opening

X

KAREN S SMITH 415-503-6989

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

02-May-2023

(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 _______1 calendar days and complete it w ithin ________192 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________02 Jun 2023 (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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, SAN FRANCISCO DISTRICT

450 GOLDEN GATE

SAN FRANCISCO CA 94102

W912P7

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: (415) 503-6995 TEL: FAX:

W912P723B0003 3 OF 64

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 of fers 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

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Contract Line Item No.(CLIN)

Description of Supplies and Services

*Quantity Unit Unit

Price($) Amount($)

0001 Mobilization and Demobilization 1 Job

0002 Dredging Reach 1 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 146,400 CY

0003 Dredging Reach 2 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 163,600 CY

0004 Dredging Reach 3 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 111,800 CY

0005 Dredging Reach 4 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 27,000 CY

0006 Dredging Reach 5 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 10,600 CY

0007 Dredging Reach 6 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 6,800 CY

SECTION 00 10 00

PRICING SCHEDULE

OAKLAND INNER AND OUTER HARBOR FY23 MAINTENANCE DREDGING

0008 Dredging Reach 7 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 53,900 CY

0009 Dredging Reach 8 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 40,100 CY

0010 Dredging Reach 9 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 20,200 CY

0011 Dredging Reach 10 to -50-ft MLLW plus 1-foot of paid Over-depth with disposal at Contractor furnished upland beneficial reuse site 63,500 CY

Total (Item 0001 through 0011)

1 .

2 .

3 .

4 .

5 . The Government reserves the right to direct the Contractor to place dredged material at an environmentally acceptable alternate disposal site in accordance with the Change Clause FAR 52.243-4.

* - ALL QUANTITIES ARE ESTIMATES. SEE FAR 52.211-18, SECTION 00 72 00 (GENERAL CONDITION)

OF THE CONTRACT.

IMPORTANT NOTES:

To be considered responsive, prices must be submitted on all individual items within Pricing Schedule. Failure to do so may be cause for rejection of bids.

Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms Page 1 and Page 2 as part of their solicitation package for bid evaluation. Failure to do so may cause the bid to be considered nonresponsive.

The Contractor shall demonstrate that all necessary equipment will be available and committed to this contract.

The term "Job", which appears on the Pricing Schedule (Section 00 01 00) under “Unit” for Bid Item No. 0001 shall be considered as a Lump Sum. The Variation in Estimated Quantities contract clause, FAR 52.211-18, shall not apply to Bid Item No. 0001.

BASIS of AWARD: The contract will be awarded in accordance with FAR 52.214-19 Contract Award – Sealed Bidding – Construction.

643,900 CY + 1 Job

6 .

7 .

End of Document

The Contractor shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.

Dredge material placement shall meet the requirements in specification Section 01

11 00 SUMMARY OF WORK.

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/

OFFERORS AND EVALUATION CRITERIA FOR AWARD

1.1 GENERAL

The scope of this Invitation for Bid (IFB) is for Oakland Inner and Outer Harbor FY23 Maintenance Dredging Project, Alameda County, California. The work includes annual maintenance dredging of the Oakland Inner and Outer harbor to -50-ft (MLLW) plus I-ft of paid over-depth and transporting of the dredged material per the requirements in specification Section 00 10 00 PRICING SCHEDULE and 01 11 00 SUMMARY OF WORK. All material is suitable for disposal at Contractor-furnished upland beneficial reuse sites.

1.2 BID EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bid (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.

1.3 ACCURACY IN BIDS

Bids must set forth full, accurate, and complete information as required by this IFB (including attachments).

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

1.4 BIDDER QUESTIONS

Questions relating to this solicitation and technical inquiries will be submitted via email to the assigned contract specialist, Karen Smith, via email at karen.smith@usace.army.mil

Please include the solicitation number, the project title, the location, of the project together with the company name, email address, and telephone number in your correspondence. Inquiries must be received no later than 14 calendar days prior to the date set for bid opening.

Answers to pertinent questions will be posted on the Federal Business Opportunities website (SAM.GOV);

however, changes to the solicitation will be made by amendment only. Solicitation Amendments will be posted to SAM.gov separately.

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to https://SAM.gov.

All amendments will be posted to the SAM.gov website. It shall be the contractor's responsibility to check the websites for any amendments. The Bidder shall submit in the bid all requested information specified in this section of the Invitation for Bid (IFB) solicitation.

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1.6 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

Offerors shall submit the Pricing Schedule from Section 00 10 00. Bid prices must be entered for all items of the Pricing Schedule. Award will be made to one (1) contractor.

SUBMITTAL REQUIREMENTS

The subsequent information will be submitted to the San Francisco District US Anny Corps of Engineers and labeled Solicitation No. W912P723B0003

A Bid Package shall consist of the following items:

(a) COVERLETTER:

1) Solicitation number and Project Title: Oakland Inner and Outer Harbor FY23 Maintenance Dredging Project, Alameda County, California

2) Bidder name, DUNS number, tax identification number (TIN), address, email, telephone, and fax numbers.

3) Names, title, and email of authorized signer.

4) Name, title, and signature of the person authorized to sign the bid.

5) A statement specifying agreement with all terms, conditions, and provisions included in the IFB.

(b) SCHEDULE:

1) The SF-1442 duly executed with an original signature by authorized official.

2) Include the Offeror's DUNS number in block 14.

3) Acknowledgement of all amendments.

4) Pricing Schedule (SECTION 00 10 00).

5) Bid Bond (SF-24), See FAR Clause 52.228-1 DEV, SECTION 00 72 00.

(c) REPRESENTATIONS AND CERTIFICATIONS:

1) The completed SECTION 00 45 00 of the IFB (Representations and Certifications)

2) Printed System for Award Management (SAM) Record (www.sam.gov)

(d) SUBMISSIONS FOR DETERMINATION OF CONTRACTOR RESPONSIBILITY (FAR 9.104-1 and 9.104-2):

Bidders shall submit the following:

1) A bank certification of financial capability or a financial statement not more than 60 days old. If more than 60 days old, a certificate stating that the financial condition is substantially the same or outlining the changes that have taken place.

2) Names of commercial and financial reporting agencies from which credit reports may be obtained.

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Note: Information accumulated for purposes of determining the responsibility of a prospective contractor shall not be released or disclosed outside the Government, FAR 9.105-3. No award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, the Bidder must meet the general standards of responsibility, FAR 9.104-1. A prospective contractor that is or recently has been seriously deficient in contract performance will be deemed non-responsible, unless the contracting officer determines that the circumstances were properly beyond the contractor's control or that the contractor has taken appropriate corrective action.

1.7 SPECIAL INSTRUCTIONS FOR SUBMITTING YOUR BID:

To submit a bid, each bidder must contact Karen Smith to obtain a unique DoD SAFE request code. Karen Smith can be reached at Karen.Smith@usace.army.mil. or (415)503-6989. In the event Karen Smith cannot be reached, please call the main Contracting Division telephone number, (415) 503-6554, to request assistance. Once a bidder has a unique request code, they may upload their bid submission to DoD SAFE. All submissions must be no earlier than 6 days before and no later than the Bid Opening. This allows a submission window from May 27 at 12pm PST until 12:59 pm PST on Friday June 2. Early and late submissions outside of this window will not be accepted.

The public bid opening will be held via WebEx at 1:30 pm PST on June 2, 2023, which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants must follow this link:

https://usacel.webex.com/meet/karen.smith The link will provide each participant to register and obtain a security code to be used to access the bid opening Webex Meeting. Government will review the bids received electronically and post the abstracts of bids on SAM.gov as soon as practicable after bid closing.

It is the responsibility of all bidders to ensure their bid submissions are complete, inclusive of the price schedule, acknowledge of amendments, bid guarantee, and all additional information requested through this advertisement.

1.8 OTHER BID DELIVERY METHODS

Telegraphic, Facsimile, emailed, HAND DELIVERED, MAILED, or comparable delivery methods of the

Bid Package are not acceptable.

Bids may only be modified or withdrawn by electronic means through a signed letter request uploaded to DoD SAFE using the same request code as the original bid. A notice to modify or withdraw a bid sent via DoD SAFE must be received in DoD SAFE no later than the exact date and time set for Bid Opening.

1.9 PERFORMANCE AND PAYMENT BONDS

The offeror will, furnish performance and payment bonds within the time established in the contract in accordance with FAR 52.228-15 (DEVIATION 2020-00016 located in Section 00 72 00. The offeror will provide the bonds to the Government electronically via the DoD SAFE. The offeror will also mail original, hard copies of bid bonds and performance bonds to the U.S. Anny Corps of Engineers, San Francisco District, Contracting Division, 450 Golden Gate Avenue, Fourth Floor, San Francisco, CA 94102.

2.0 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

An offeror utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the proposal itself (see clause titled "Pledge of Assets,"

FAR 52.228-11DEVIATION202 00016).

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Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate.

Failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

2.1 BID GUARANTEE FORM AND AMOUNT

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 (b) the bid guarantee amount shall be at least 20 percent of the "proposed price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

In accordance with FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond.

In accordance with FAR 28.202(a) (1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

2.2 ACCEPTANCE OF OFFERS

A written award or acceptance of an offer mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

At a minimum, any contract awarded as a result of this solicitation shall consist of the following documents:

Standard Form 1442, Sections 00 10 00, 00 70 00, 00 72 00, 00 73 00, technical specifications and drawings, and attachments listed in contract document.

2.3 CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

To determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Attachment 2, Pre-award Survey).

The Government will request this information from the eligible contractor after receipt of offer if they have not had a contract with the San Francisco District within the last twelve months and the Government will set a due date for its submission.

1. The Pre-award Survey is attached to the solicitation for information purposes only and is not required as part of the Proposal package.

(a) If required to determine that a prospective contractor is responsible, the offeror must:

1) Demonstrate that they have adequate financial resources to perform the contract or the ability to obtain them.

2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

3) Have a satisfactory performance record. In making the determination of responsibility, the

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Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined as responsible or not responsible solely based on a lack of relevant performance history except when there are special standards set forth in the solicitation, which applies, to all offerors that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined as responsible for a particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsive unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action.

Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

4) Have a satisfactory record of integrity and business ethics.

5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2.4 PREPARATION OF SUBCON1RACTING PLAN (SEP 2004)

(a) See FAR 52.219-9, Small Business Subcontracting Plan, incorporated by reference into this contract in Section 00 72 00.

(b) The Small Business Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award.

c) Contact Contracting Officer, Contracting Division, (415) 503-6990, with questions on the Small Business Subcontracting Plan requirements.

(d) The acceptable Small Business Subcontracting Plan will be incorporated into and made a material part of the contract.

(e) The Corps of Engineers high encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 23.0% Small, Disadvantaged Businesses 5.0% Women-Owned Small Businesses 5.0% HUBZone Small Business 3.0% Veteran-Owned Small Businesses 3.0% Service Disabled Veteran Owned Small Business 3.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL

CONTRACT AMOUNT.

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Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.225-11 (Dev) Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019)

DEC 2022

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

MAY 2014

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7057 Preaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

AUG 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

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

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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.

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(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

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(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 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.

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(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.

(End of provision)

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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

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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--

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(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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

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(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

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(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The…