W912P724B0010_SAN JOAQUIN OM FY24_Specs6_11_24 FINAL .pdf

SOLICITATION NO. W912P724B0010

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TABLE OF CONTENTS

COVER SHEET

TABLE OF CONTENTS

TITLESECTION

SOLICIT ION

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ATTACHMENTS

SOLICITATION, OFFER AND AWARD (STANDARD FORM 1442)

(CONTINUATION STANDARD FROM 1442)

PRICING SCHEDULE

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/ OFFERORS AND

EVALUATION CRITERIA FOR AWARD

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS/

OFFERORS

CONTRACT CLAUSES

SPECIAL CONTRACT REQUIREMENTS

GENERAL WAGE DETERMINATION

PREAWARD SURVEY

TECHNICAL SPECIFICATIONS

NOTE:

SECTION 00 45 00, AS COMPLETED BY AWARDEE, IS INCORPORATED INTO ANY

RESULTANT CONTRACT BY REFERENCE.

AMENDMENTS ARE INCORPORATED INTO THE RESULTANT CONTRACT.

SUBCONTRACTING PLAN (IF REQUIRED) BECOMES AN ATTACHMENT TO AND A

MATERIAL PART OF THE CONTRACT.

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W912P724B0010

The work includes annual maintenance dredging of the San Joaquin/Port of Stockton River DWSC to -35-ft (MLLW) plus 1-ft of paid over-depth, except the Sediment Trap (Reach 22), which shall be dredged to -38.5-ft (MLLW) over-depth. All dredge material is suitable for the Government furnished upland sites at Antioch Dunes, Scour Pond, Bradford Island, Mandeville, Tule Island, Roberts Island II, Roberts Island I, Rough and Ready Island shown on plan sheets. Dredge material may be suitable for beneficial reuses at Contractor furnished sites in accordance with the permit requirements of the specific reuse sites and per the requirements in specification Section 01 11 00 SUMMARY OF WORK and Section 00 10 00 PRICING SCHEDULE.

This requirement is for full and open competition. It will be issued as an Invitation for Bid (IFB) which will result in the award of a single Firm Fixed Price (FFP) contract.

The North American Industry Classification System (NAICS) Code applicable to this acquisition is 237990.

ESTIMATED COST RANGE IS BETWEEN $5,000,000 AND $10,000,000.

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

BIDDER QUESTIONS

Questions relating to this solicitation and technical inquiries shall be submitted via email to the assigned contract specialist (Block 9 of SF 1442). Inquiries must be received no later than 14 calendar days prior to the date set for the bid opening.

X

MELISSA A DENIGRIS (415) 503-6995

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

12-Jun-2024

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________188 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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 ______________11 Jul 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time 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

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 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:

W912P724B0010 901

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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

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CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

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CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the

(name) corporation named as offeror in the within offer; that

(name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN

INDIVIDUAL DOING BUSINESS AS _____________________________________ (INSERT

NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

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Contract Line Item No.(CLIN)

Description of Supplies and Services *Quantity Unit Unit

Price($) Amount($)

Mobilization, Demobilization and Disposal Site Prep 1 Job

0002 Dredge Reach 1 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

3,500 CY

0003 Dredge Reach 2 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

3,000 CY

0004 Dredge Reach 3 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

1,700 CY

0005 Dredge Reach 4 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

6,700 CY

0006 Dredge Reach 5 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

5,200 CY

0007 Dredge Reach 6 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

7,000 CY

SECTION 00 10 00

PRICING SCHEDULE

SAN JOAQUIN/STOCKTON DWSC FY24 MAINTENANCE DREDGING

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0008 Dredge Reach 7 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

47,000 CY

0009 Dredge Reach 8 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

7,300 CY

0010 Dredge Reach 9 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

1,200 CY

0011 Dredge Reach 10 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

3,100 CY

0012 Dredge Reach 11 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

3,300 CY

0013 Dredge Reach 12 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

1,300 CY

0014 Dredge Reach 13 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

600 CY

0015 Dredge Reach 14 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

600 CY

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0016 Dredge Reach 15 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

400 CY

0017 Dredge Reach 16 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

800 CY

0018 Dredge Reach 17 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

1,500 CY

0019 Dredge Reach 18 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

3,000 CY

00020 Dredge Reach 19 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

4,800 CY

00021 Dredge Reach 20 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

9,400 CY

0022 Dredge Reach 21 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

7,700 CY

0023 Dredge Reach 22 to -38.5-ft MLLW plus

1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

11,000 CY

0024 Dredge Reach 23 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site

1,100 CY

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Total (Item 0001 and 0024)

Notes:

1 .

2 .

3 .

4 .

5 .

6 .

7 .

8 .

End of Document

CLIN 001's reference to site prep refers only to sites the bidder anticipates using for disposal.

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.

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.

Dredged material placement shall meet the requirements in Specification Section

01 11 00 SUMMARY OF WORK.

131,200 CY + 1 Job

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

OF THE CONTRACT.

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.

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San Joaquin Dredging Project

DREDGING PLANT AND EQUIPMENT SCHEDULE

Available Plant to be Used

Age and Overall No. Type Capacity Manufacturer Condition Location Dimensions

Dredges:

Scows:

Tugboats:

Quantity Measurement Equipment:

Quality Control:

DDLS:

1. In preparing the above tabulation the bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page if necessary.

Section 00 10 00 Dredging Plant & Equipment Schedule

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a. Number. For dredges give identifying number or name.

b. Type. Under this heading give description as follows: For clamshell dredge show bucket capacity in in-situ cubic yards, for clamshell and/or pipe-line dredges show inside diameter of intake and discharge pipe, horsepower of pump engine, and type of power; for hopper dredges show capacity at overflow, number of dredge pumps, suction pipe size, propulsion type and horsepower, dredge length O/A and beam O/A.

c. Capacity. Under this heading, state the estimated capacity of the plant in cubic yards per month when working materials similar to those which it is anticipated will be encountered in the performance of the work for clamshell, hopper, pipeline, and scow.

d. Overall Dimensions. State overall length and beam.

e. DDLS. List the DDLS equipment and number of each that will be used in accordance with of the specifications.

2. List two dredging projects with location, dates of completion, and name of project owner:

(a)

(b)

Section 00 10 00

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SECTION 00 21 00

INSTRUCTIONS,CONDITIONSAND NOTICESTOBIDDERS/

OFFERORSAND EVALUATION CRITERIA FOR AWARD

1 .1 GENERAL

The scope of this Invitation for Bid (IFB) is for San Joaquin/StocktonDeep Water Ship Channel (DWSC)Maintenance DredgingProject, San Joaquin County,California. The work includes maintenance dredgingof theSanJoaquin/Port of Stockton River to -35ft (MLLW) plus 1 ft of paid over-depth and transporting of dredgedmaterial to per the requirements in the All dredgingmaterial transportation and material placement shallbe in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses. This requirement is for fulland open competition in and will be awardedwith a single Firm-Fixed Price (FFP) contract.

1.2 BID EXPENSESAND PRE-CONTRACTCOSTS

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

1.3 ACCURACY IN BIDS

Bidsmust set forthfull,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 solicitationandtechnical inquiries will besubmittedvia email to the assigned contract specialist, ,via email @usace.army.mil

Please include the solicitation number, the project title, the location of the project togetherwith the company name, emailaddress, andtelephone number in your correspondence. Inquiries must be receivedno later than 14 calendar days prior to the dateset for bid opening.

Answers to pertinent questions willbe posted onth website (SAM.GOV); however, changes to the solicitation will be madeby amendment only. Solicitation Amendments will be posted toSAM separately.

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copiesof the solicitationare available by INTERNETACCESS ONLY. All solicitation documents will be posted to https://SAM.gov.

All amendments will beposted to the SAM.govwebsite. It shall be thecontractor's responsibility to check the websites for any amendments. The Bidder shallsubmit in the bid all requested information specified in this section of the Invitation for Bid (IFB) solicitation.

1.6 BID FORMAT AND SUBMITTAL REQUIREMENTS

BID FORMAT

Offerors shall submit the Pricing Schedule from Section00 10 00. Bid prices must be entered for all items of the Pricing Schedule. Award will be made to one (1) contractor.

Section 00 21 00- Page 1

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Section 00 21 00 - Page 2

SUBMITTAL REQUIREMENTS

The subsequent informationwill be submitted to the San Francisco District US Army Corps of Engineers and labeled Solicita tion No. W912P724B0010.

A Bid Package shall consist of the following items:

(a) COVER LETTER:

Solicitation number and Project Title: San Joaquin/Stockton Deep Water Ship Channel (DWSC) Maintenance DredgingProject, San Joaquin County, California

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

Names, title, and email of authorized signer.

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

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

(b) SCHEDULE:

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

Include the Offeror's number in block 14.

Acknowledgement of all amendments.

Pricing Schedule (SECTION 00 10 00).

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.

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:

Due to the coronavirus pandemic, and in the interests of public health and safety, a ll bidders are required to submit their bids electronically via the DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

No hand-delivered bids will be accepted.

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To submit a bid, each bidder must contact Logan Champlin to obtain a unique DoD SAFE submittal code. Logan Champlin can be reached at logan.champlin@usace.army.mil or (415)503-6953. In the event Logan Champlin cannot breached, please contact Melissa DeNigris at (916) 557-5137, to request assistance.

Once a bidder has a unique submittal code, they may upload their bid submission to DoD SAFE. All submissions may be up to 6 calendar days prior to Bid Opening. Early and late submissions outside of this window will not be accepted. The public bid opening will be held via WebEx at 01:00 pm PST on July 11th, 2024, which will allow participants to hear a live reading of the bids. Prior to the bid opening, participants must follow this link: https://usace1.webex.com/meet/melissa.a.denigris. 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 BIDDELIVERY 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 offerer will, furnish performance and payment bonds within the time established in the contracting in accordancewith FAR 52.228-15 (DEVIATION 2020-O0016) located in Section 00 72 00.The offeror will provide the bonds to the Government electronically via the DoD SAFE. The offeror will a lso mail original,hard copies of bid bonds and performance bonds to the U.S. Army Corps of Engineers, San Francisco District, Contracting Division, 450 Golden Gate Avenue, Fourth Floor, San Francisco, CA 94102.

2.0 INDIVIDUAL SURETIESIN SUPPORT OF BID BONDS

An offerer utilizingindividual 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 actingas an individual surety, and include these with the SF 24 (Bid Bond), and the proposal itself (see clause titled "Pledges of Assets," FAR 52.228-11 DEVIATION 2020-O0016).

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 offerer to be deemed "unacceptable".

2.1 BID GUARANTEE FORM AND AMOUNT

The offerer shall furnish a separate bid guarantee in accordancewith 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 maybe stated.

In accordance with FAR 28.106-1 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

Section 00 21 00- Page 3

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Section 00 21 00 - Page 4

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.

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

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

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

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

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

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

e) 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

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Section 00 21 00 - Page 5 to materials to be produced or services to be performed by the prospective contractor and subcontractors).

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

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

2.4 PREPARATION OF SUBCONTRACTING 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 SmallBusiness Subcontracting Plan is not required from thelowbidder 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 timeprescribedby the Contracting Officer, thebidder will be ineligible foraward.

c) Contact ContractingOfficer, , with questions on the Small Business Subcontracting Plan requirements.

(d) The acceptable Small Business SubcontractingPlan will be incorporated intoand made a material part of the contract.

(e) The Corps of Engineers high encourages allbidders/offerors to meet the recommendedsubcontracting 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 OwnedSmallBusiness 3.0%

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

CONTRACT AMOUNT.

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Section 00 21 00 - Instructions

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

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

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 million, 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.

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(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

US Army Corps of Engineers, San Francisco District

Attn: Contracting Officer

450 Golden Gate Avenue, 4th Floor

San Francisco, CA 94102

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

(End of provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions 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:

Name: Peter Mull

Address: 450 Golden Gate Avenue

San Francisco CA 94102

Telephone: (415) 503-6579:

(End of provision)

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

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

Acquisition.gov

(End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

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19 of 90219 of 901

Portions of this solicitation are altered as follows:

252.204-7007 ALT A

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price)

(Apr 2012) - Alternate I

52.219-1 Alt I Small Business Program Representations (SEP 2023) Alernate I

52.219-9 Alt I Small Busineses Subcontracting Plan (SEP 2023) Alernate I

52.232-23 Alt I Assignment of Claims (MAY 2014) Alternate I

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.

(End of provision)

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Section 00 45 00 - Representations and Certifications

52.201-1 Acquisition 360: Voluntary Survey SEP 2023

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-1 Alt I Small Business Program Representations (FEB 2024)

Alternate I

FEB 2024

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.209-7993 Prohibition Against Using FY14 Funds to Contract when

Unpaid Delinquent Tax Liability or a Felony Conviction

MAR 2014

252.225-7057 Preaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

AUG 2022

252.225-7058 Postaward Disclosure of Employment of Individuals Who

Work in the People's Republic of China

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region - Representation

JUN 2023

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to

Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

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

(2) The small business size standard is $37,000,000.

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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

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(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.

(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.

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(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.

(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 II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

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(C) If the acquisition value is $100,000 or more but is less than $102,280, 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.]

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

(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.

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W912P724B0010 https://www.sam.gov/

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)

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…