W912P826BA075.pdf

ED 26-007

IFB NO. WP912P8-26-B-A075

US Army Corps of Engineers New Orleans District

Mermentau River – Gulf of America, Mermentau River Bar Channel Maintenance Dredging

Mermentau River Maintenance Dredging #26-1

Cameron Parish, Louisiana

Construction Solicitation and Specifications

1 September 2026

DEPARTMENT OF THE ARMY

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

7400 LEAKE AVE

NEW ORLEANS, LA 70118-3651

ED 26-007

SOLICITATION: W912P826BA075 1 September 2026

FOR: Mermentau River – Gulf of America, Mermentau River Maintenance Dredging #26-1, Cameron Parish, LA

TO OPEN: By amendment

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 clearing and grubbing, degrading existing preload areas, placing sand fill, installation of vertical wick drains and horizontal strip drains, compacted clay embankment; driving steel sheet pile cutoff and steel pipe piles; constructing concrete T-type floodwalls; fabricating and installing a structural steel swing gate; installing pipe sleeves through steel sheetpiling; access road and bypass ramp construction; removing and replacing asphaltic pavement, fertilizing, seeding and mulching; and all other work incidental thereto.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late bids.

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 15 MARCH 2024.

ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00 45 00. A bidder may also submit, in lieu of the completed Section 00 45 00, a complete copy of their Online Representations and Certifications from SAM.gov with an expiration date on or after the date of award.

ALL INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO

THE FOLLOWING:

NAKIEA B. BUTLER

CONTRACT SPECIALIST

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

E-MAIL: NAKIEA.B.BUTLER@USACE.ARMY.MIL

Phone: (504) 862-1772

CHRISTOPHER NUCCIO

CONTRACTING OFFICER

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

E-MAIL: CHRISTOPHER.NUCCIO@USACE.ARMY.MIL

mailto:NAKIEA.B.BUTLER@USACE.ARMY.MIL mailto:MICHELLE.DALMADO@USACE.ARMY.MIL

PTC-i Ed 26-007

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACTING

SOLICITATION, OFFER AND AWARD SF-1442

00 10 00 BIDDING SCHEDULE

00 21 00 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

Division 01 - GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 32 16.10 20 CONSTRUCTION PROGRESS SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

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 57 20.01 12 ENVIRONMENTAL PROTECTION

01 78 03.00 10 CLOSEOUT SUBMITALS

DIVISION 02 - EXISTING CONDITIONS

02 21 10.00 12 SURVEYS

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 23.00 12 DREDGING

35 20 23.33 NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM

(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

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

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:

a. Sealed offers in original and

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.

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P826BA075

U.S. Army Corps of Engineer New Orleans District 7400 Leake Avenue NewOrleans, LA 70118-3651

Mermentau River Bar Channel Dredging, Mermentau River- Gulf of America, Maintenance Dredging, #26-1, Cameron Parish, LA (ED 26-007)

This is an Unrestricted procurement.

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of satisfactory removal of all material above elevation -17.0-ft MLG from C/L Station (-)16+00 (Mile 6.5) to C/L Station 250+00 (Mile 1.3), of Mermentau River from the limits as specified herein and successfully deposited on the Gulf Shoreline west of the Mermentau jetties, as shown on the plans. (The estimated time of completion is 129 calendar days after receipt of notice to proceed. The solicitation will include 13 drawings and specifications).

The estimated value of this work is between $10,000,000 and $25,000,000.

U.S. Army Corps of Engineer, New Orleans

ATTN: CEMVN-CT

7400 Leake Avenue, Room 172 New Orleans, LA 70118

Nakiea Butler 504-862-1772

ED-26-007

09/1/2026

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

26. ADMINISTERED BY

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

Lafayette Area Office, U.S. Army Corps of Engineers 100 Asma Blvd, Suite 300 Lafayette, LA 70508

U.S. Army Corps of Engineers Finance Center 5722 Integrity Drive Millington, TN 38054-5005

00 10 00-3 Ed 26-007

SECTION 00 10 00 – BIDDING SCHEDULE

Mermentau River- Gulf of America, Maintenance Dredging, #26-1

Cameron Parish, LA

Item DESCRIPTION Estimated Quantity

Unit Unit Price Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Dredging

0002A First 680,000 CY 680,000 CY

0002B All Over 680,000 CY 120,000 CY

TOTAL BASE WORK: $

++Items not subject to the requirements of Contract provision in Section 00 72 00 GENERAL CONDITIONS entitled VARIATION IN ESTIMATED QUANTITY.

**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

Award will be made as a whole to one bidder.

NOTE 1: 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 2: 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 RFO 14.306-3, Rejection of Individual Bids).

NOTE 3: 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. 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, 00 10 00-4 Ed 26-007

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

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

00 10 00-5 Ed 26-007

EVALUATION OF SUBLINE ITEMS

Item No. 0002 is subdivided into two or more estimated quantities and is 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

This variation in estimated quantities clause is applicable only to item No. 0002.

(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 No. 0002 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 VARIATION IN ESTIMATED QUANTITY.

(c) If the actual quantity of work performed under item No. 0002 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

VARIATION IN ESTIMATED QUANTITY.

(End of Clause)

Bid Bond (See Instructions on Page 3)

Date Bond Executed (Must Not Be Later Than Bid Opening Date)

OMB Control Number: 9000-0001 Expiration Date: 1/31/2027

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

Authorized For Local Reproduction Previous Edition Is Not Usable

STANDARD FORM 24 (REV. 10/2023)

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.

Other (Specify) Individual Partnership Joint Venture Corporation

2.

(Seal)2.(Seal)

1.

1.

1.

1. 3.2.

Name(s) (Typed)

Signature(s)

Individual Surety(ies)

Name(s) And Title(s) (Typed)

Corporate Seal

(Seal)

3.

(Seal)

2.

(Seal) Signature(s)

Principal

2.

State Of Incorporation Liability Limit ($)

2.

2.

1.Name(s) And Title(s) (Typed)

Signature(s) 1. 2. Corporate Seal

Corporate Seal

Su re ty C

Name And Address

Signature(s) Name(s) And Title(s) (Typed)

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Su re ty D

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

Liability Limit ($)State Of Incorporation

1.

1.

Su re ty A

Name And Address

Su re ty B

Name(s) And Title(s) (Typed)

Signature(s)

Name And Address

Corporate Surety(ies)

Witness:

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

STANDARD FORM 24 (REV. 10/2023) PAGE 2

STANDARD FORM 24 (REV. 10/2023) PAGE 3

Corporate Seal

Su re ty F

Name And Address

Signature(s) Name(s) And Title(s) (Typed)

1.

1.

State Of Incorporation

2.

2.

Liability Limit ($)

Corporate Seal

Name(s) And Title(s) (Typed)

Su re ty G

Signature(s)

Name And Address

1.

1.

2.

2.

State Of Incorporation Liability Limit ($)

Corporate Seal

State Of Incorporation Liability Limit ($)

2.

2.

1.

1.

Name And Address

Signature(s) Name(s) And Title(s) (Typed)

Su re ty E

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."

STANDARD FORM 24 (REV. 10/2023) PAGE 4

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 9000-0001. 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 (MVCB), 1800 F Street, NW, Washington, DC

20405.

Section 00 21 00 - Instructions

FAR Provisions Incorporated by Reference

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

52.204-7 System for Award Management-

Registration. (Deviation 2026-

O0038)

2026-02

52.214-3 Amendments to Invitations for

Bids. (Deviation 2026-O0038)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation

2026-O0038)

2026-02

52.214-6 Explanation to Prospective

Bidders.

1984-04

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

(Deviation 2026-O0038)

2026-02

52.214-12 Preparation of Bids. 1984-04

52.214-34 Submission of Offers in the

English Language.

1991-04

52.214-35 Submission of Offers in U.S.

Currency.

1991-04

52.222-5 Construction Wage Rate

Requirements-Secondary Site of the Work. (Deviation 2026-

O0038)

2026-02

52.225-12 Notice of Buy American

Requirement-Construction

Materials Under Trade

Agreements.

2014-05

52.233-2 Service of Protest. (Deviation

2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

252.204-7024 Notice on the Use of the Supplier

Performance Risk System.

2023-03

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

52.216-1 Type of Contract. (Deviation

2026-O0038)

2026-02

Type of Contract (Feb 2026) (Deviation 2026-O0038)

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

(End of provision)

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

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

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

Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be twenty (20%) percent of the bid price or

$3,000,000.00, whichever is less.

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

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

(End of clause)

52.252-1 Solicitation Provisions

Incorporated by Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/ [Insert one or more Internet addresses]

(End of provision)

52.252-3 Alterations in Solicitation. 1984-04

Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

https://www.acquisition.gov/

52.252-5 Authorized Deviations in

Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

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

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

"(DEVIATION)" after the name of the regulation.

INSTRUCTION TO BIDDERS

QUESTIONS AND ANSWERS

VIA PROJNET

ALL SUBMITTED QUESTIONS FOR THIS PROJECT AND THE ANSWERS PROVIDED

SHALL BE VIEWED IN BIDDER INQUIRY IN PROJNET AT

(https://www.projnet.org)

Technical inquiries and/or questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) Friday, September 11, 2026, 10:00 AM Local Time. A subsequent question period will be established prior to the final closing date. To submit or 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.

Emailed inquiries and/or questions will not be accepted. A prospective vendor who submits a comment /question will receive an acknowledgment of their comment/question via email.

Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: HGXT5A-I8TKXD

Specific Instructions for First Time 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 provided 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.

https://www.projnet.org/

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

52.203-11 Certification and Disclosure

Regarding Payments to Influence

Certain Federal Transactions.

2024-09

52.203-18 Prohibition on Contracting with

Entities that Require Certain

Internal Confidentiality

Agreements or Statements-

Representation.

2017-01

52.240-90 Security Prohibitions and

Exclusions Representations and

Certifications. (Deviation 2026-

O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

252.203-7005 Representation Relating to

Compensation of Former DoD

Officials.

2022-09

252.204-7008 Compliance with Safeguarding

Covered Defense Information

Controls.

2016-10

252.225-7055 Representation Regarding 2022-05 description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Business Operations with the

Maduro Regime.

252.225-7059 Prohibition on Certain

Procurements from the Xinjiang

Uyghur Autonomous Region-

Representation.

2023-06

FAR Provisions Incorporated by Full Text

Number Title Effective

Date

Alternate

Deviation

Variation

Effective

Date

52.209-7 Information Regarding

Responsibility Matters.

(Deviation 2026-O0038)

2026-02

Information Regarding Responsibility Matters (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

(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)

52.209-13 Violation of Arms Control

Treaties or Agreements-

Certification. (Deviation 2026-

O0038)

2026-02

Violation of Arms Control Treaties or Agreements-Certification (Feb 2026) (Deviation 2026-

O0038)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal

Acquisition Regulation 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 at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; 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 https://www.sam.gov/ https://www.state.gov/bureaus-offices/under-secretary-for-https://www.state.gov/bureaus-offices/under-secretary-for-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 at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; 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 such activity might have occurred, 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 https://www.state.gov/bureaus-offices/under-https://www.state.gov/bureaus-offices/under-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 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 22 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 the Government later determines 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.

(End of provision)

52.219-2 Equal Low Bids. (Deviation 2026-

O0038) mailto:NDAA1290Cert@state.gov

Equal Low Bids (Feb 2026) (Deviation 2026-O0038)

(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 areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of provision)

52.229-11 Tax on Certain Foreign

Procurements-Notice and

Representation. (Deviation 2026-

O0038)

2026-02

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-

O0038)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United

States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting

Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [ ] is not a foreign person; and http://www.irs.gov/w14

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption

[Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the

Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR

52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

52.230-1 Cost Accounting Standards

Notices and Certification.

(Deviation 2026-O0038)

2026-02

Cost Accounting Standards Notices and Certification (Feb 2026) (Deviation 2026-O0038)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

https://www.irs.gov/help/tax-law-questions

Offerors shall examine each part and provide the requested information in order to determine

Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement-Cost Accounting Practices and Certification

(a) Any contract in excess of the lower CAS threshold specified in Federal Acquisition

Regulation (FAR) 30.205(b) resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board ( 48 CFR chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR chapter 99 must, as a condition of contracting, submit a Disclosure

Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph

(c) of part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a

Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

(1) [ ] Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant

Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official.)

Date of Disclosure Statement: Name and Address of Cognizant ACO or Federal Official

Where Filed:

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

(2) [ ] Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: Name and Address of Cognizant ACO or Federal Official

Where Filed:

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure

Statement.

(3) [ ] Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

(4) [ ] Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure

Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards-Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting

Practices clause in lieu of the Cost Accounting Standards clause.

[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is…