W912P820B0001.pdf

ED 14-027

W912P8-20-B-0001

US Army Corps of Engineers

New Orleans District

New Orleans to Venice, Louisiana

NOV-NF-W-06A.1

Woodpark to Pointe Celeste Pump Station

Plaquemines Parish, Louisiana

Construction Solicitation and Specifications

March 2020

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

N

ED 14-028

SOLICITATION: W912P820B0001 26 May 2020

FOR: New Orleans to Venice, Louisiana, NOV-NF-W-06A.1, Woodpark to Pointe Celeste Pump Station, Plaquemines Parish, Louisiana

TO OPEN:

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause

52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) B-U-N-S number. If you do not already have a D&B B-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of clearing, grubbing and vegetation removal;

excavation for new drainage canal, placement of uncompacted embankment and compacted embankment;

construction of access ramps; placing geotextile and surfacing material, corrugated metal pipe, turf establishment;

maintenance of access roads; asphaltic pavement; canal construction, and other incidental work.

CAUTION TO BIDDERS:

DUE TO THE ONGOING COVID-19 PANDEMIC, HAND CARRIED BIDS WILL NOT BE ACCEPTED. BID

SHALL BE MAILED TO THE VICKSBURG DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155

CLAY STREET, VICKSBURG, MISSISSIPPI 39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL

BE CLEARLY MARKED ON THE OUTER ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST

BE RECEIVED PRIOR TO THE EXACT TIME SET FOR BID OPENING.

NO IN PERSON ATTENDANCE WILL BE ALLOWED FOR THIS BID OPENING

THE BID OPENING MAY BE VIEWED ONLINE AT

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw/live

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

SOLICITATION NUMBER: W912P820B0001

TECHNICAL INQUIRIES AND QUESTIONS

ALL QUESTIONS MUST BE SUBMITTED VIA PROJNET.

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO

BESUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG).

BIDDERS ARE ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO BID OPENING

IN ORDER TO ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE

RESPONSE AND AMEND THE SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW

INQUIRY ITEMS, PROSPECTIVE VENDORS WILL NEED TO USE THE BIDDER INQUIRY

KEY PRESENTED BELOW AND FOLLOW THE INSTRUCTIONS LISTED BELOW THE KEY

FOR ACCESS. A PROSPECTIVE VENDOR WHO SUBMITS A COMMENT /QUESTION WILL

RECEIVE AN ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION VIA EMAIL,

FOLLOWED BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN

PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE

THROUGH PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE

POSTED ON THE FEDBIZOPS IN THE FORM OF A REPORT GENERATED FROM PROJNET

AS SOON AS THE COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL

ANSWERS ARE ALL FINALIZED.

THE SOLICITATION NUMBER IS: W912P820B0001

THE BIDDER INQUIRY KEY IS: 9RHEFP-9B7948

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR

COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT

WAS NOT FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED

FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE,

EMAIL, SECRET QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO

REMEMBER YOUR SECRET QUESTION AND ANSWER AS THEY WILL BE USED

FROM THIS POINT ON TO ACCESS THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED

WITHIN PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY TYPE OF

PASSWORD. YOU WILL UTILIZE YOUR SECRET QUESTION AND SECRET ANSWER

TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER PREVIOUSLY IN

PROJNET.

6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU TO ENTER THE

ANSWER TO YOUR SECRET QUESTION.

7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE THIS IS COMPLETED

YOU ARE NOW LOGGED INTO THE SYSTEM.

PTC-i ED 14-027

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Solicitation, Offer and Award (SF-1442) 00010 Bidding Schedule 00100 Instructions To Bidders 00600 Representations and Certifications 00700 Contract Clauses 00800 Special Contract Requirements

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals

Division 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 05 19.05 12 Reinforcement Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 24 00.00 12 Embankment

Division 32 – EXTERIOR IMPROVEMENTS

32 12 16.00 12 Asphaltic Pavement 32 15 00.00 12 Surfacing (Granular) 32 92 19.04 12 Turf Establishment and Maintenance

PTC-ii ED 14-027

Division 33 – UTILITIES

33 11 00 Water Utility Distribution Piping 33 40 00 Storm Drainage Utilities 33 40 01.00 12 Corrugated Metal Pipe 35 31 20.10 12 Bedding Construction

W42HEM92540044

NEW ORLEANS TO VENICE, LOUISIANA, NOV-NF-W-06A.1, WOODPARK TO POINTE CELESTE PUMP

STATION, PLAQUEMINES PARISH, LOUISIANA

DESCRIPTION OF WORK: The work consists of clearing, grubbing and vegetation removal;

excavation for new drainage canal, placement of uncompacted embankment and compacted embankment; construction of access ramps; placing geotextile and surfacing material, corrugated metal pipe, turf establishment; maintenance of access roads; asphaltic pavement;

canal construction, and other incidental work.

ESTIMATED VALUE OF THE PROPOSED WORK IS BETWEEN $25,000,000 AND $100,000,000.

X

AMY L STARKS (601) 631-5693

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

26 MAY 2020 (RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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 within 10 calendar days and complete it within (1170 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 0700

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 to perform the work required are due at the place specified in Item 8 by 25 June 2020 @ 1400.

IIf this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is required.

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

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

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

(601)631-7261 FAX: TEL: TEL: FAX:

W912P820B0001

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

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:

SEE SCHEDULE

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)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

U.S. ARMY CORPS OF ENGINEERS

NEW ORLEANS AREA OFFICE

7400 LEAKE AVENUE

RM 186 NEW ORLEANS, LA 70118

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

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 this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Section 00010 - Solicitation Contract Form

New Orleans To Venice, Louisiana, NOV-NF-W-06A.1, Woodpark To Pointe Celeste Pump Station, Plaquemines Parish, Louisiana

This contract will be awarded as one job with unit prices required for specifically selected work. A schedule of the unit price work is contained in Standard Form SF 1442, "Solicitation, Offer and Award." See Contract Clauses, "FAR 52.211-18, Variation in Estimated Quantity" and "FAR 52.236-16, Quantity Surveys," "DFARS 52.236-7008, Contract Prices."

Item DESCRIPTION Estimated Quantity

Unit Unit Price

Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Canal Maintenance 1 JOB

0003 Traffic Control and Coordination 1 JOB

0004 Silt Fences

0004AA First 97,000 LF 97,000 LF

0004AB All Over 97,000 LF 24,250 LF

0005 Truck Wash-Down Racks 1 JOB

0006 Separator Geotextile 112,500 SY

0007 Reinforcement Geotextile 42,700 SY

0008 Clearing and Grubbing 1 JOB

0009 Excavation, New Drainage Canal

0009AA First 381,000 CY 381,000 CY

0009AB All Over 381,000 CY 38,100 CY

0010 Embankment, Compacted Fill

0010AA First 965,000 CY 965,000 CY

0010AB All Over 965,000 CY 241,200 CY

0011 Sand Fill 430 CY

0012 Embankment, Uncompacted Fill

W912P820B0001 0010-1 ED 14-027

0012AA First 255,000 CY 255,000 CY

0012AB All Over 255,000 CY 127,500 CY

0013 Maintenance of Levee Protection 1 JOB

0014 Asphaltic Pavement 1 JOB

0015 Surfacing

0015AA First 25,715 CY 25,715 CY

0015AB All Over 25,715 CY 6,429 CY

0016 Seeding and Mulching 263 AC

0017+ Lime Soil Amendment 263 TON

0018+ Sulfur Soil Amendment 131 TON

0019 Fertilizer

0019AA First 52,600 LBS 52,600 LBS

0019AB All Over 52,600 LBS 26,300 LBS

0020 Turf Mowing

0020AA First 231 Acres 231 AC

0020AB All Over 231 Acres 693 AC

0021 8-inch HDPE Water Line 1,200 LF

0022 18-inch HDPE Pipe 138 LF

0023 18-inch Lateral Ditch PVC Culverts 1,320 LF

0024 24-inch RCP Culverts 50 LF

0025 36-inch RCP Culverts 425 LF

0026 48-inch RCP Culverts 1,300 LF

0027 Corrugated Metal Arch Pipe 70 LF

0028 Bedding 430 CY

TOTAL BASE WORK: $

W912P820B0001 0010-2 ED 14-027

OPTIONAL WORK (OW) – PHASE II

0029 Silt Fences - OW 30,000 LF

0030 Clearing - OW 1 JOB

0031 Embankment, Compacted Fill - OW

0031AA First 170,000 CY 170,000 CY

0031AB All Over 170,000 CY 51,000 CY

0032 Seeding and Mulching - OW 55 AC

0033+ Lime Soil Amendment - OW 55 TON

0034+ Sulfur Soil Amendment - OW 28 TON

0035 Fertilizer - OW

0035AA First 11,000 LBS 11,000 LBS

0035AB All Over 11,000 LBS 5,500 LBS

0036 Turf Mowing - OW

0036AA First 88 AC 88 AC

0036AB All Over 88 AC 265 AC

TOTAL OPTIONAL WORK $

TOTAL BASE WORK + OPTIONAL WORK $

+Items not subject to the requirements of FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY.

NOTE 1: The unit “JOB” as used in this Pricing Schedule is synonymous with the term “Lump Sum”.

NOTE 2: Award will be made as a whole to one bidder. Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT

PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID

SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.

NOTE 3: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

NOTE 4: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that

W912P820B0001 0010-3 ED 14-027

performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 5: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

NOTE 6: OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line items identified in the schedule as OPTIONAL WORK Items, in the quantity and price stated in the schedule. The Contracting Officer may exercise the OPTIONAL WORK Items by written notice to the Contractor. Bidders shall bid on all items including optional items (see “Evaluation of Options” FAR 52.217-5). The Government will exercise OPTIONAL WORK no later than 450 calendar days after Notice to Proceed of this contract. Failure to bid on all items will result in a non-responsive bid.

NOTE 7: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). If an option is to be exercised at the time of contract award FAR 17.208 shall be used in place of FAR 52.217-5.

NOTE 8: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL WORK. In the event that the OPTIONAL WORK area is exercised under the terms of the contract, the time required for completion of the contract shall be 568 calendar days in addition to the original contract duration of 1170 calendar days established for the BASE WORK items specified in the Contract Clause entitled “COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52-211-10 – APR 1984)”.

W912P820B0001 0010-4 ED 14-027

EVALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).

Item Nos. 0004, 0009, 0010, 0012, 0015, 0019, 0020, 0031, 0035, and 0036 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019 –

AFARS 5152.211-9001).

This variation in estimated quantities clause is applicable only to item Nos. 0004, 0009, 0010, 0012, 0015, 0019, 0020, 0031, 0035, and 0036.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for item Nos. 0004, 0009, 0010, 0012, 0015, 0019, 0020, 0031, 0035, and 0036 is less than 85% of the quantity of the first subline item listed under such item, the Contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR) 52.211-18, VARIATION IN ESTIMATED QUANTITY.

(c) If the actual quantity of work performed under item Nos. 0004, 0009, 0010, 0012, 0015, 0019, 0020, 0031, 0035, and 0036 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY.

(End of Clause)

W912P820B0001 0010-5 ED 14-027

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program:

https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement) ***Analysis for application of PLAs apply to construction solicitations (including task order request for proposals (RFPs)), with performance in the United States, with an anticipated contract value of $25M or greater, and issued after 15 October 2010. Further, with respect to solicitations to establish new MATOCs and Single Award Task Order Contracts (SATOC) issued after 15 October 2010, the following language shall be included at an appropriate location in the solicitation: “Pursuant to FAR 22.503, a PLA may be considered for certain projects under Task Orders meeting the criteria set forth in Executive Order 13502. Each Task Order may be evaluated on a project by project basis for possible application of a PLA.***

W912P820B0001 0010-6 ED 14-027

Section 00100 - Bidding Schedule/Instructions to Bidders

SPECIAL NOTICES

DUE TO THE ONGOING COVID-19 PANDEMIC, HAND CARRIED BIDS

WILL NOT BE ACCEPTED. BID SHALL BE MAILED TO THE

VICKSBURG DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155

CLAY STREET, VICKSBURG, MISSISSIPPI 39183-3435. BIDS

SENT BY COMMERCIAL CARRIER SHALL BE CLEARLY MARKED ON

THE OUTER ENVELOPE AS CONTAINING A “SEALED BID”. BIDS

MUST BE RECEIVED PRIOR TO THE EXACT TIME SET FOR BID

OPENING.

NO IN PERSON ATTENDANCE WILL BE ALLOWED FOR THIS BID

OPENING

THE BID OPENING MAY BE VIEWED ONLINE AT

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFO w/live

1. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE

RECEIVED UNTIL DATE AND TIME OF BID OPENING.

2. THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE.

3. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID

SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE ENTITLED “SUBMISSION

OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT

BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS

CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS

INCLUDES, BUT IS NOT LIMITED TO, BIDS SENT VIA: FEDERAL

EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER SERVICES, INC.,

EXPRESS MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND

PUROLATOR.

4. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT

CLAUSE ENTITLED, “AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION”, WHICH WILL APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

6. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT

REQUIREMENTS, CLAUSE ENTITLED “COMMENCEMENT, PROSECUTION,

W912P820B0001 00100-1 ED 14-027

AND COMPLETION OF WORK”.

7. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS

CLAUSE, ENTITLED, “PAYMENT INVOICES” WHICH WILL APPLY TO THE

CONTRACT RESULTING FROM THIS SOLICITATION. THE FEDERAL

ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO” ADDRESS OF

THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

8. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN

TELEGRAPHICALLY OR BY ELECTRONIC COMMERCE.

9. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201

(EVALUATION OF CONTRACTOR PERFORMANCE) OF THE FEDERAL

ACQUISITION REGULATION (FAR), CONSTRUCTION

CONTRACTOR’SPERFORMANCE SHALL BE EVALUATED THROUGHOUT THE

PERFORMANCE OFTHE CONTRACT. THE UNITED STATES ARMY CORPS OF

ENGINEERS (USACE) FOLLOWS THE PROCEDURES OUTLINED IN

ENGINEERINGREGULATION 415-1-17 TO FULFILL THIS FAR REQUIREMENT.

FORCONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00,

THEUSACE WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE

APERFORMANCE REPORT USING THE CONSTRUCTION CONTRACTOR

APPRAISALSUPPORT SYSTEM (CCASS), WHICH IS NOW A WEB-BASED

SYSTEM.AFTER AN EVALUATION (INTERIM OR FINAL) IS WRITTEN UP BY

THEUSACE, THE CONTRACTOR WILL HAVE THE ABILITY TO ACCESS,

REVIEWAND COMMENT ON THE EVALUATION FOR A PERIOD OF 30

DAYS.ACCESSING AND USING CCASS REQUIRES SPECIFIC SOFTWARE,

CALLEDPKI CERTIFICATION, WHICH IS INSTALLED ON THE USER’S

COMPUTER.THE CERTIFICATION IS A DEPARTMENT OF DEFENSE

REQUIREMENT ANDWAS IMPLEMENTED TO PROVIDE SECURITY IN

ELECTRONIC TRANSACTIONS.THE CERTIFICATION SOFTWARE COULD COST

APPROXIMATELY $110 - $125 PER CERTIFICATE PER YEAR AND IS

PURCHASED FROM AN EXTERNALCERTIFICATE AUTHORITIES (ECA) VENDOR.

CURRENT INFORMATIONABOUT THE PKI CERTIFICATION PROCESS AND FOR

CONTACTING VENDORSCAN BE FOUND ON THE WEB SITE:

http://www.cpars.navy.mil/. IF THE CONTRACTOR WISHES TO

PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO

CCASS AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE

CONTRACTOR.

W912P820B0001 00100-2 ED 14-027

10. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER

THIS CONTRACT WILL BE MADE BY ELECTRONIC FUNDS TRANSFER (EFT).

CONTRACTORS ARE REQUIRED TO COMPLETE FORM:

UFC-DISB-4.

THE FORM BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS

FINANCE CENTER AT:

https://www.tam.usace.army.mil/Portals/53/docs/UDC/Admin/Dire ct_Deposit.pdf

THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS

“B4."

11. BID PACKAGE ATTACHMENTS, REPRESENTATIONS AND CERTIFICATIONS

ARE TO BE COMPLETED AND INCLUDED IN THE BID PACKAGE SUBMITTED BY

THE OFFEROR.

12. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL

ACQUISITION REGULATION PART 14.303 (b) MODIFICATION OR

WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN PERSON BY A

BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT

TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS

REQUESTING WITHDRAWAL IS ESTABLISHED AND THAT PERSON SIGNS A

RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG

CONTRACTING OFFICE:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

W912P820B0001 00100-3 ED 14-027

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY:

(a) Original Authorization: Section 203 of the Flood Control Act of 1962, Public Law 87-874 (76 Stat. 1173)

(b) Supplemental Authorization: New Orleans to Venice, LA— Under the Flood Control and Coastal Emergencies (FC&CE) heading, Chapter 3, Title I, Division B of Public Law 109 148 (119 Stat.

2762 – 2763) (3rd FC&CE Supplemental); under the FC&CE heading, Chapter 3, Title II of Public Law 109-234 (120 Stat. 454-455) (4th FC&CE Supplemental); under the FC&CE heading, Chapter 3, Title III of Public Law 110-252 (122 Stat. 2349-2350) (6th FC&CE Supplemental); and under the FC&CE heading, Chapter 3, Title I, Division B of Public Law 110-329 (122 Stat. 3590) (7th FC&CE Supplemental)

APPROPRIATION:

4th and 6th Supplemental appropriations for the Non-Federal Levees. 3rd, 4th, and 6th Supplemental appropriations for New Orleans to Venice, LA

FUNDING CITATION: 96x3125

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the

W912P820B0001 00100-4 ED 14-027

procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND

PAYMENT BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

W912P820B0001 00100-5 ED 14-027

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1 - General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE,

AND BONDS.

a. Specifications, Invitation No. W912P820B0001, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions No. LA20200005 01/03/2020 of the Secretary of Labor, are parts of this Invitation.

b. (1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds

W912P820B0001 00100-6 ED 14-027

or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(1) Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average

W912P820B0001 00100-7 ED 14-027

annual receipts for its preceding 3 fiscal years did not exceed $39.5 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $30.0 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-7 Anti-Kickback Procedures MAY 2014 52.204-6 Unique Entity Identifier OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

W912P820B0001 00100-8 ED 14-027

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

W912P820B0001 00100-9 ED 14-027

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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.

(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).

(End of provision)

W912P820B0001 00100-10 ED 14-027

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such

W912P820B0001 00100-11 ED 14-027

findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration.