W912P823B0010 Solicitation.pdf

W912P8-23-B-0010

US Army Corps of Engineers New Orleans District

Calcasieu River Bar Channel

Hopper Dredge Contract

#5-2023 (OM23129)

Construction Solicitation and Specifications

21 March 2023

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

OM23129

21 March 2023 SOLICITATION: W912P8-23-B-0010

FOR: Calcasieu River Bar Channel Hopper Dredge Contract #5-2023 (OM23129)

TO OPEN: The Bid Opening Date is to be set by future amendment.

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. As of April 4, 2022, the Federal Government has stopped using the DUNS Number as a unique identifier for entities and switched to a Unique Entity ID generated by SAM.gov. In addition, entities with DUNS Numbers but no SAM.gov registration have been able to get Unique Entity IDs without registering in SAM.gov since October 2021.

NOTE: The DUNS Number is no longer used in SAM.gov, eSRS, FSRS, FPDS, CPARS, or FAPIIS.

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 furnishing one fully crewed and equipped self-propelled trailing suction-type hopper dredge for the removal and satisfactory disposal of shoal material in the Calcasieu River Bar Channel, Cameron Parish, Louisiana. Work may be required in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

CAUTION TO BIDDERS: The bid opening will be conducted virtually. Instructions will be included in the amendment to set a bid opening date.

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", LATEST CONSOLIDATED VERSION.

ALL QUESTIONS REGARDING THIS SOLICITATION

SHOULD BE SENT VIA EMAIL TO:

LAUREN A. GANDOLFI

CONTRACT SPECIALIST

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E‐MAILS: LAUREN.A.GANDOLFI@USACE.ARMY.MIL

Calcasieu River Bar Channel Hopper Dredge Contract #5-2023 OM23129

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 BID SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SUPPLEMENTARY CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

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

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 01 50.73 SURVEYS

35 20 23.23 HYDRAULIC DREDGING

35 20 23.26 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM HOPPER DREDGE

PROJECT TABLE OF CONTENTS

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P823B0010

U.S. Army Engineer District, New Orleans 7400 Leake Ave.

New Orleans, LA 70118-3651

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Calcasieu River and Pass, Bar Channel Hopper Dredge Contract No. 5-2023, Cameron Parish, Louisiana

(OM23129)

This is an Unrestricted Procurement

The work consists of furnishing one fully crewed and equipped self-propelled trailing suction-type hopper dredge for the removal and satisfactory disposal of shoal material in the Calcasieu River Bar Channel, Cameron Parish, Louisiana. Work may be required in other areas of the New Orleans District, in areas of both the Galveston and Mobile Districts, and in other areas deemed necessary.

Subject to the Availability of Funds FAR 52.232-18

Funds are not presently available for this acquisition. No contract award will be made until appropriate funds are made available.

** BID OPENING TO BE ESTABLISHED BY AMENDMENT

* See Paragraph 00010-1.5

8. ADDRESS OFFER TO

U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-W 7400 Leake Ave., Room 172 New Orleans, LA 70118

Lauren A. Gandolfi

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(504) 862-2466

6. PROJECT NUMBER

1 23/21/2023

a. Sealed offers in original and local time

11:00am

Paragraph 00010-1.5

(c)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

26. ADMINISTERED BY

USACE, Lafayette Area Office 646 Cajundome Blvd., Suite 301 Lafayette, LA 70506-4290

US ARMY CORPS OF ENGR FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

1.2 BID FORM NOTES

1.3 BIDDING

1.4 EVALUATION OF BIDS

1.5 CONDITIONS OF CONTRACT AWARD

1.6 BIDDER QUALIFICATIONS

1.7 PRE-AWARD INSPECTION OF PLANT

1.8 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

SECTION 00010 - BIDDING SCHEDULE

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT ONE, 34 in. Inside Diameter (ID) Pump Suction, 14,788 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 620 Hour

Option

Option Dredging 620 Hour XXXXXXXX

Total: LOT ONE BID

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT TWO, 38 in. Inside Diameter (ID) Pump Suction, 12,430 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 639 Hour

Option

Option Dredging 639 Hour XXXXXXXX

Total: LOT TWO BID

SECTION 00010 Page 3

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT THREE, 33.5 in. Inside Diameter (ID) Pump Suction, 9,400 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 843 Hour

Option

Option Dredging 843 Hour XXXXXXXX

Total: LOT THREE BID

SECTION 00010 Page 4

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT FOUR, 39.37 in. Inside Diameter (ID) Pump Suction, 8,300 cy Nominal Hopper Capacity, 1 Dragarm and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1120 Hour

Option

Option Dredging 1120 Hour XXXXXXXX

Total: LOT FOUR BID

SECTION 00010 Page 5

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT FIVE, 31.5 in. Inside Diameter (ID) Pump Suction, 6,540 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1138 Hour

Option

Option Dredging 1138 Hour XXXXXXXX

Total: LOT FIVE BID

SECTION 00010 Page 6

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT SIX, 30 in. Inside Diameter (ID) Pump Suction, 4,815 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1128 Hour

Option

Option Dredging 1128 Hour XXXXXXXX

Total: LOT SIX BID

SECTION 00010 Page 7

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT SEVEN, 28 in. Inside Diameter (ID) Pump Suction, 4,000 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization Demobilization

1 Job

0002 Dredging 1194 Hour

Option

Option Dredging

1194 Hour XXXXXXXX

Total: LOT SEVEN BID

SECTION 00010 Page 8

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT EIGHT, 27 in. Inside Diameter (ID) Pump Suction, 3,600 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1304 Hour

Option

Option Dredging 1304 Hour XXXXXXXX

Total: LOT EIGHT BID

SECTION 00010 Page 9

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT NINE, 26 in. Inside Diameter (ID) Pump Suction, 4,000 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1536 Hour

Option

Option Dredging 1536 Hour XXXXXXXX

Total: LOT NINE BID

SECTION 00010 Page 10

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT TEN, 27 in. Inside Diameter (ID) Pump Suction, 3,700 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1598 Hour

Option

Option Dredging 1598 Hour XXXXXXXX

Total: LOT TEN BID

SECTION 00010 Page 11

CALCASIEU RIVER AND PASS, BAR CHANNEL

HOPPER DREDGE CONTRACT NO. 5-2023

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P823B0010

LOT ELEVEN, 28 in. Inside Diameter (ID) Pump Suction, 4,350 cy Nominal Hopper Capacity, 1 Dragarm and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price Total Price

0001 Mobilization & Demobilization

1 Job

0002 Dredging 1973 Hour

Option

Option Dredging 1973 Hour XXXXXXXX

Total: LOT ELEVEN BID

SECTION 00010 Page 12

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items. Failure to bid on all items will result in a non-responsive bid.

b. Bidders shall use the Item No. 0002 unit price to compute Item Nos.

0002 and 0003 total prices.

c. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see FAR 14.404-2, "Rejection of Individual Bids").

d. The Notice to Proceed (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within two days after issuance of NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer or his authorized representative.

Physical work cannot start until the Quality Control System is set-up, the Accident Prevention Program and other required submittals have been submitted and approved, and all preliminary meetings called for under the contract have been conducted.

e. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices:

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

f. The unit "Job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".

1.3 BIDDING

a. The bidder must select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

b. Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.4 EVALUATION OF BIDS

a. To provide fair competition between dredges of different production rate and capacity, the required dredging quantities and any optional dredging quantities are based on an estimated quantity of shoal material, and on the tested production rate of each dredge class.

b. Award will be made to that responsible Bidder presenting the

SECTION 00010 Page 13 lowest-priced responsive bid in response to this solicitation, regardless of the bid lot used.

c. The hourly quantity shown on the bid lots for Bid Items designated as "Dredging" are 100% pay time hours. The actual calendar duration of the contract may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items" for additional information.

1.5 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps of Engineers Safety and Health Requirements Manual", latest edition.

b. The Government may award the contract at the total bid price, comprised of the base items and option item(s); however, the Government will not be obligated to exercise any option item(s).

c. The number of hours for each bid lot of the bidding schedule are estimated quantities. The dredge and attendant plant will be retained for an approximate number of days according to the table below starting no later 240 hours after issuance of the Notice to Proceed.

APPROXIMATE HOPPER DREDGE

CONTRACT DURATION

Bid Lot Pump Inside

Diameter (inches)

Hopper Size (cubic yards)

Number of

Dragarms

Approximate Number of Contract Days for Item 0002

Approximate Number of

Contract Days for Option Item 0003

1 34 14788 2 49 49

2 38 12430 2 50 50

3 33.5 9400 2 59 59

4 39.37 8300 1 72 72

5 31.5 6540 2 72 72

6 30 4815 2 72 72

7 28 4000 2 75 75

8 27 3600 2 80 80

9 26 4000 2 91 91

10 27 3700 2 93 93

SECTION 00010 Page 14

Bid Lot Pump Inside

Diameter (inches)

Hopper Size (cubic yards)

Number of

Dragarms

Approximate Number of Contract Days for Item 0002

Approximate Number of

Contract Days for Option Item 0003

11 28 4350 1 111 111

The time required for completion of the contract shall be established as the number of calendar days listed in column entitled "Approximate Number of Contract Days for Item 0002" for the applicable bid lot. In the event Option Item 0003 is fully exercised under the terms of the contract, the time required for completion of the contract shall be extended by the number of calendar days listed in column entitled "Approximate Number of Contract Days for Option Item 0003" for the applicable bid lot. In the event Option Item 0003 is partially exercised, the contract completion date shall be extended using the following formula:

[(partial option hours exercised)/(option hours listed in bid schedule for applicable bid lot) ] x (calendar days listed in column "Approximate Number of Contract Days for Option Item 0003" for the applicable bid lot)

d. The bidder shall provide for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, and to commence dredging no later than 240 hours after issuance of the Notice to Proceed.

1.6 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate, as listed in the table in Section 35 20 23.23, paragraph entitled "Dredge Plant". The dredge must perform at or above the listed production rate at least 85% of the time, as established by other contracts completed within three years prior to the bid opening date of this solicitation. Failure to establish an adequate capability will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR Subpart 9.1). The bidder must also show that the dredge and attendant plant is not already obligated for the performance of other work that would delay commencement, performance, and completion of the solicited work; and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7 - OCT 2018.

1.7 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant

SECTION 00010 Page 15 available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened, and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date, or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.8 OPTION ITEMS

a. The Government may require the delivery of, in whole or part, any Option Items. The Government may exercise an Option Item by written notice to the Contractor. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). If "Option Dredging" Item work is exercised, it shall be performed as a continuance of "Dredging" Item work, which shall be activated first.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work region. The Contractor shall commence performance of optional work no more than 3 calendar days after the time the Contractor receives the Government's Notice to Proceed with the optional work.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 16

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2025

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE INVITATION NUMBER

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

FOR (Construction, Supplies or Services)

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

DATE BOND EXECUTED (Must not be later than bid opening date)

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

JOINT VENTURE

OTHER (Specify)

PARTNERSHIPINDIVIDUAL

CORPORATION

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.

The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INCORPORATION

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

STANDARD FORM 24 (REV. 8/2016) BACK

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 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 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.228-1 Bid Guarantee SEP 1996 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 52.233-3 Protest After Award AUG 1996 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

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)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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:

Charles R. Zammit, Jr.

Contracting Officer U.S. Army Corps of Engineers, ATTN: CEMVN-CTW

7400 Leake Ave.

New Orleans, LA 70118-3651

(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)

52.252-5 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 DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

U.S. Army Corps of Engineers, New Orleans District Current Small Business Program Target Percentages

FY2023

SUBCONTRACTING

Small Business (SB)

Small Disadvantaged

45.25%

14.00% Business (SDB)

Women-Owned Small 8.00% Business (WOSB/EDWOSB)

HUBZone Small 11.25% Business (HUBZone)

Service-Disabled Veteran 3% Small Business (SDVOSB)

NOTE: The above figures are subject to change. Contact the New Orleans District Small Business Office for further information.

Section 00600 - Representations and Certifications

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

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

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

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

(2) The small business size standard is $37,000,000.00.

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

https://www.sam.gov/

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision.