W912P924B0002 Solicitation.pdf
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- Solicitation number
- W912P924B0002
About this file
This solicitation document requests bids for a rehabilitation project involving the combined sewer overflow system in St. Louis, Missouri. The work includes rehabilitation of approximately 17,675 linear feet of sewer pipes ranging from 6 to 48 inches in diameter, 148 manholes, 527 service connections, and 12 point repairs and 13 site repairs in one area. A second set of work involves approximately 39,123 linear feet of sewer pipes ranging from 15 to 24 inches in diameter, 5 manholes, 400 service connections, and 8 point repairs in another area. Bids are due by 2:00pm CST on December 4, 2023. The award date is not specified. The work will be performed on a firm-fixed-price basis for each area over an estimated 24-month period of performance.
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CODE
(Hour)
PAGE(S)
until 09:00 AM local time 04 Dec 2023
X
A X B
C D
EX
X G F
40 - 81 X H 82
Catherine.A.Hansen@usace.army.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 82
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W912P9 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and see 10c below conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
CATHERINE A HANSEN 314 331-8520
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 12
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 16 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 17 - 18 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
19 - 39
PART II - CONTRACT CLAUSES
CONTRACTING DIVISION
US ARMY ENGR DIST ST LOUIS
1222 SPRUCE STREET, RM 4.207
ST LOUIS MO 63103-2833
314 331-8746FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
01 Nov 2023
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W912P924B0002
Section A - Solicitation/Contract Form
BID SCHEDULE AND NOTES
Bid Schedule starts on next page.
BID SCHEDULE AND NOTES
CLIN Description Unit Quantity Unit
Price Unit Total
Harlem Baden 9
A001 Mobilization and Demobilization JOB 1
A002 Protection and Restoration of Site JOB 1 A003 Manhole Frame Seals EA 148
A004 Manhole Cover Seals EA 148
A005 CIPP Liner - 6" Dia Pipe LF 474 A006 CIPP Liner - 8" Dia Pipe LF 6370
A007 CIPP Liner - 10" Dia Pipe LF 1021
A008 CIPP Liner - 12" Dia Pipe LF 3188 A009 CIPP Liner - 15" Dia Pipe LF 1260
A010 CIPP Liner - 18" Dia Pipe LF 1135
A011 CIPP Liner - 21" Dia Pipe LF 912 A012 CIPP Liner - 24" Dia Pipe LF 601
A013 CIPP Liner - 27" Dia Pipe LF 277
A014 CIPP Liner - 30" Dia Pipe LF 410 A015 CIPP Liner - 36" Dia Pipe LF 435
A016 CIPP Liner - 39" & 42" Dia Pipe LF 686
A017 CIPP Liner - 48" Dia Pipe LF 906 A018 Sewer Re-connections 6" - 24" Dia EA 527
A019 Sewer Re-connections over 24" Dia EA 54
A020 Point Repair - Under 10 Feet Deep - Street EA 7 A021 Point Repair - Over 10 Feet Deep - Street EA 5
A022 Cleaning and CCTV - 6-12" Dia Pipe LF 11053
A023 Cleaning and CCTV - 15" Dia Pipe LF 1260 A024 Cleaning and CCTV - 18" Dia Pipe LF 1135
A025 Cleaning and CCTV - 21" Dia Pipe LF 912
A026 Cleaning and CCTV - 24" Dia Pipe LF 601 A027 Cleaning and CCTV - 27" Dia Pipe LF 277
A028 Cleaning and CCTV - 30" Dia Pipe LF 410
A029 Cleaning and CCTV - 36" Dia Pipe LF 435 A030 Cleaning and CCTV - 39" & 42" Dia Pipe LF 686
A031 Cleaning and CCTV - 48" Dia Pipe LF 906
A032 Service Connection Repair - 6-12" Dia Pipe EA 402 A033 Service Connection Repair - Over 12-18" Dia Pipe EA 78
A034 Service Connection Repair - Over 18-21" Dia Pipe EA 42
A035 Service Connection Repair - Over 21-24" Dia Pipe EA 5
A036 Service Connection Repair - Site 1 JOB 1 A037 Service Connection Repair - Site 2 JOB 1
A038 Service Connection Repair - Site 3 JOB 1
A039 Service Connection Repair - Site 4 JOB 1 A040 Service Connection Repair - Site 5 JOB 1
A041 Service Connection Repair - Site 6 JOB 1
A042 Service Connection Repair - Site 7 JOB 1 A043 Service Connection Repair - Site 8 JOB 1
A044 Service Connection Repair - Site 9 JOB 1
A045 Service Connection Repair - Site 10 JOB 1 A046 Service Connection Repair - Site 11 JOB 1
A047 Service Connection Repair - Site 12 JOB 1
A048 Service Connection Repair - Site 13 JOB 1 A049 Manhole Frame and Cover, Remove and Replace (includes 1 foot masonry) EA 22
A050 Install Cementitious Lining LF 1524
A051 Adjust to Grade in Pavement LF 17 A052 Pavement SY 780
MSD Infrastructure 2023 B001 Mobilization and Demobilization JOB 1
B002 CIPP Liner - 15" Dia Pipe - 07.5 MM LF 12295
B003 CIPP Liner - 18" Dia Pipe - 06 MM LF 170 B004 CIPP Liner - 18" Dia Pipe - 07.5 MM LF 14511
B005 CIPP Liner - 18" Dia Pipe - 09 MM LF 3324
B006 CIPP Liner - 18" Dia Pipe - 11 MM LF 80 B007 CIPP Liner - 21" Dia Pipe - 09 MM LF 5530
B008 CIPP Liner - 21" Dia Pipe - 11 MM LF 314
B009 CIPP Liner - 24" Dia Pipe - 10.5 MM LF 2899 B010 Point Repair - Under 10 Feet Deep (not underneath pavement) EA 2
B011 Point Repair - Under 10 Feet Deep - Street EA 2
B012 Point Repair - 10 to 15 Feet Deep (not underneath pavement) EA 2 B013 Point Repair - 10 to 15 Feet Deep - Street EA 2
B014 Install Cured-In-Place Chimney Liner (hazardous) LF 10
B015 Install Chimney Liner (non-hazardous) LF 50 B016 Sewer Re-connections 6" - 24" Dia EA 400
B017 Cleaning and CCTV - 15" Dia Pipe LF 12295
B018 Cleaning and CCTV - 18" Dia Pipe LF 18085 B019 Cleaning and CCTV - 21" Dia Pipe LF 5844
B020 Cleaning and CCTV - 24" Dia Pipe LF 2899
B021 Manhole Frame and Cover, Remove and Replace EA 5 B022 Manhole Frame and Cover, Adjustment (includes first foot of new masonry) EA 5
BIDDING SCHEDULE NOTES
1. Use the Bid Schedule provided in a separate MS Excel spreadsheet attachment for your Bid.
2. Put your All quantities shown on the BIDDING SCHEDULE are estimated quantities except when the unit is shown as job "JOB".
3. When bids are solicited on a unit price basis, bidders shall insert in the spaces provided therefore in the SCHEDULE both the "unit price" and the "estimated amount" resulting from applying the said unit price to the estimated quantity shown. In event the bidder quotes only a total price ("estimated amount") in its bid and fails to quote the unit price, the Government will determine such unit price by dividing the total price quoted by the quantity of the item set out in the SCHEDULE.
The bidder agrees that the unit price so determined shall be used for the purpose of bid evaluation, award and all payments to the Contractor including final payment.
4. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid and the extension will be corrected accordingly.
5. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.
6. Bidders are required to bid on all items listed on the Bidding Schedule in addition to inserting a total quoted bid in the appropriate space provided. Failure to do so will be considered good cause to disqualify the bid.
7. OPTIONAL BID ITEMS. Bid Items listed under the Option 1 thru 2 headings are OPTIONAL ITEMS. Upon the review of inspection at the site,the Contracting Officer, in accordance with the specifications and drawings, will direct the optional bid item work as needed. The
B023 Manhole Masonry (Greater than One Foot) LF 5 B024 Locate Buried Manholes EA 10
B025 Lateral Repair Non-Person Entry EA 10
B026 Lateral Repair Person Entry EA 10 B027 Install Cementitious Liner LF 350
OPTION 1 - Harlem Baden 9 C001 Bypass Pumping (over 1000 GPM) JOB 1
OPTION 2 - MSD Infrastructure 2023 D001 Heavy Cleaning JOB 1
Contractor shall perform the appropriate work ONLY when directed by the Contracting Officer. The Government is not obligated to request any work under any optional item(s). The bid prices for each optional item shall represent your firm price to perform that service. Payment will be made ONLY for work actually requested and performed to the Government’s satisfaction.
8. Information regarding utility relocations can be found in Order and
Coordination of Work, Section 00 08 00.
9. Costs as shown on the bid schedule for “Asphalt Overlay – City of St.
Louis” should be used for bidding purposes in this contract. At NTP, the Contractor shall coordinate all project requirements with the City and seek any revisions to the originally provided estimate. The Contractor shall submit copies of documentation from the City showing the revised estimate to complete the work to the Government within 30 days of scheduling the work to be completed.
SOLICITATION NOTES
A. PROJECT INFORMATION
PROJECT TITLE: St. Louis, MO Combined Sewer Overflow Project – USACE St. Louis District
TYPE OF SOLICITATION: Invitation for Bid (IFB)
TYPE OF CONTRACT: Firm-Fixed-Price Construction
DISCLOSURE OF THE ESTIMATED MAGNITUDE OF THE PROPOSED CONSTRUCTION
PROJECT: between $10,000,000 and $25,000,000
NAICS CODE: 237110 – Water and Sewer Line and Related Structures Construction
SIZE STANDARD: $45,000,000.00
COMPETITION: Unrestricted
WAGE DETERMINATION: MO20220001 and the subsequent updates is applicable to this solicitation.
B. INQUIRIES:
All technical inquires and questions relating to this solicitation are to be submitted via email to Contract Specialist, Catherine Hansen, at Catherine.a.hansen@usace.army.mil by 10:00am CST, 15 November 2023.
C. Offeror shall furnish unit prices for all items listed on the Bidding Schedule of the Solicitation.
D. Lack of active registration in the System for Award Management (SAM) database at the time of bid will make an offeror ineligible for award. See contract clause 52.204-7, “System for Award Management”.
E. All work under these Specifications shall be performed in accordance with the provisions of EM 385-1-1 “Corps of Engineers Safety and Health Requirements Manual”, dated November 2014.
DETERMINATION OF REPSONSIBILITY REQUIREMENTS
In accordance with FAR 9.104-1 General Standards:
To be determined responsible, a prospective contractor must –
(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)).
(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.
(c) Have a satisfactory performance record (see 9.104-3(b) and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2.
(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15).
(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a).)
(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and
(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).
SMALL BUSINESS SUBCONTRACTING PLAN REQUIREMENT
A Subcontracting Plan is required at the time of the bid. The bidders must submit an acceptable Subcontracting Plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 (or DFARS 252.219-7004 if the offeror has a comprehensive subcontracting plan). The DoD Checklist for Reviewing Subcontracting Plans is provided for your information (Attachment 3), as it is what will be used to evaluation the Subcontracting Plan for approval.
A percentage goal of greater than 0% should be provided for all Small Business Socio-Economic Categories; if a percentage goal of 0% is provided for any Small Business Socio-Economic Category, a justification is required of why there will be no attempt made to include that category in your subcontracting plan.
Small Business Subcontracting Plan is only required to be completed by other than small businesses, and can be met through a joint venture, teaming arrangement, and subcontracting to other small businesses.
The Subcontracting Plan will be assessed based on the total planned subcontracting dollars. For all small business categories, provide goals in terms of total dollars subcontracted, and as a percentage of total subcontracted dollars.
Liquidated damages will be assessed if the Subcontracting Plan is not met, in accordance with FAR clause 52.219- 16.
PROCEDURES FOR SUBMISSION OF BIDS AND VIRTUAL BID OPENING
In accordance with FAR 14.202-8 and FAR Part 4.5, bidders will be required to submit their bids in response to this IFB solicitation by the date and time listed on the Standard Form 33 via electronic means to include bid bonds.
Physical copies of bid bonds will not be required to be submitted unless otherwise requested by the Contracting Officer at a later date.
Bidders shall submit their bids via email to Contract Specialist, Catherine Hansen at Catherine.a.hansen@usace.army.mil by the date and time listed on the SF 33.
In accordance with FAR 14.402-1, the Public Bid Opening will be held via Webex at the link/info below at 2:00pm CST, 04 December 2023. In accordance with FAR 14.403, the Abstract of Offers will be documented during this Public Bid Opening and posted to SAM.gov within twenty-four (24) hours for public inspection.
https://usace1.webex.com/meet/whitney.r.dee Join by meeting number Meeting number (access code): 2762 092 4264
Tap to join from a mobile device (attendees only) +1-844-800-2712,,27620924264## US Toll Free +1-669-234-1177,,27620924264## US Toll Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Global call-in numbers | Toll-free calling restrictions Join from a video conferencing system or application Dial whitney.r.dee@usace1.webex.com You can also dial 207.182.190.20 and enter your meeting number.
Need help? Go to https://help.webex.com
GENERAL NOTICES
1. NEGOTIATIONS AFTER BIDS.
The Government has the option to reject bids received in response to the Invitation for Bids, convert the Solicitation to a Request for Proposal (RFP) and initiate negotiations with offerors.
2. PERFORMANCE AND PAYMENT BONDS
See clause 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION.
3. AMENDMENTS PRIOR TO DATE SET FOR PROPOSAL.
The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for proposal. Such revisions or amendments, if any, will be provided by amendment(s) to this Invitation for Bid. If the revision or amendments are of a nature which require material changes in quantities or prices or both, the due date set for bid may be extended. In such case, the amendments will include the new due date for bid submission.
4. BUSINESS INTEGRITY
The offeror as a condition of award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.
5. CONDITIONS AFFECTING THE WORK
The offeror may visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve offeror from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Request for Proposal, the specifications, or related documents. No official site visit will be scheduled.
6. OFFEROR QUALIFICATIONS
A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor’s offer. In accordance with FAR 9.104-1, General Standards, before an offer is considered for award, the offeror shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.
7. SITE OF THE WORK
The offeror is advised that for the purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, “the site of the work” under the contract to be awarded pursuant to this solicitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The “site of work” may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.
8. INFORMATION REGARDING OFFER MATERIAL, AND BONDS
a. Specifications, Plans, Bid Schedule, Pre-award Information/Description of Work/Offer Evaluation, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor are parts of this solicitation.
b. (1) An offeror electing to use individual sureties for performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds were obtained, together with the address and telephone number of the persons and/or brokerage firms.
(2) Offerors should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors are responsible for ascertaining the current status of their sureties and brokers.
9. EVALUTION OF CONTRACTOR PERFORMANCE
In accordance with the provisions of FAR Subpart 36.201, Evaluation of Contractor Performance, Construction contractors’ performance shall be evaluated throughout the performance of the contract. USACE follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this requirement.
10. DEFINITIONS
(a) “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
STATEMENT OF WORK
Statement of Work
St. Louis, MO Combined Sewer Overflow Project
1 Scope The rehabilitation work is generally described within two sets of Metropolitan St. Louis Sewer District specifications as follows:
Harlem Baden Relief Phase IV (Hebert) Rehabilitation: The work to be completed consists of rehabilitation of approximately 17,675 linear feet of sewers, varying in size from 6" to 48” in diameter, utilizing CIPP methods; 148 Manholes; 527 Service Connections; and 12 Point Repairs and 13 Site Repairs. The project is within the Metropolitan St. Louis Sewer District Boundaries inside the City limits of Wellston and the Village of Hillsdale in the State of Missouri.
Infrastructure Repairs (Rehabilitation) (2023) Corps CSO Program: The work to be completed consists of approximately 39,123 lineal feet of sewers, varying in size from 15-inches to 24-inches in diameter, utilizing CIPP methods; 5 Manholes; 400 Service Connections; and 8 Point Repairs. The project is within the Metropolitan St. Louis Sewer District Boundaries with work to be completed in Service Area 1 of the District.
The work consists of furnishing all material, labor, tools, equipment, and supervision necessary for the construction of the storm sewers, sanitary sewers, and appurtenances; rehabilitation of sewers utilizing CIPP methods; rehabilitation of manholes and service connections; cleaning and lining of pipe sewers and point repairs; removal and replacement of pavements and roadways;
and coordination of utility relocations.
Coordination with the Metropolitan St. Louis Sewer District may be required throughout the duration of the construction, with approval of the St. Louis District.
2 Location The project area is in the northern portion of MSD’s Service Area 1 which predominantly covers north St. Louis City, Missouri.
3 Magnitude The magnitude of construction for this project is $10,000,000 to $15,000,000.
4 Period of Performance The period of performance for base contract is estimated at 24 months.
5 Optional Bid Items The bid schedule is broken into two (2) sets of Metropolitan St. Louis Sewer District specifications with two (2) optional bid items.
6 USACE Website For Added Reporting Requirement In FAR 36.211(b), 31 Mar 23 The purpose of this Alert is to provide contracting officers a USACE publicly accessible website link, Partnering With Us, https://www.usace.army.mil/Business-With-
Us/Partnering/, for contracting officers to include in all solicitation notices posted at the Governmentwide point of entry (SAM) for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19. This USACE publicly accessible website will house the added reporting requirement in FAR 36.211(b)(1) and (2).
PLANS & SPECIFICATIONS
SEE ATTACHMENT 1 - SPECIFICATIONS & PLANS
SECURITY REQUIREMENTS
General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
CONTRACTING OFFICER STATEMENT
Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.
CLAUSES INCORPORATED BY REFERENCE
52.204-3 Taxpayer Identification OCT 1998 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.219-8 Utilization of Small Business Concerns SEP 2023 52.219-9 Small Business Subcontracting Plan SEP 2023 52.219-9 Alt I Small Business Subcontracting Plan (SEP 2023) Alternate I NOV 2016 52.228-1 Bid Guarantee SEP 1996 52.228-14 Irrevocable Letter of Credit NOV 2014 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-5 Authorized Deviations In Provisions NOV 2020 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
CLAUSES INCORPORATED BY FULL TEXT
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for-- 08 November 2023 at 8:00 AM CST
(c) Participants will meet at-- Metropolitan St. Louis Sewer District HQ at 2350 Market Street, St Louis, MO 63103
(d) Point of contact is Kenneth Salazar (314) 203-0533
(End of provision)
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Harlem Baden
FFP
FOB: Destination
PSC CD: Y1ND
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job MSD Inrastructure Repair
FFP
PSC CD: Y1ND
NET AMT
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A CONSTRUCTION BRANCH
1222 SPRUCE STREET
ST. LOUIS MO 63103-2833
Government
0002 N/A N/A CONSTRUCTION BRANCH
1222 SPRUCE STREET
ST. LOUIS MO 63103-2833
Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 720 dys. ANP 1 CONSTRUCTION BRANCH
TONY JONES
1222 SPRUCE STREET
ST. LOUIS MO 63103-2833
314-331-8130
966402
0002 720 dys. ANP 1 (SAME AS PREVIOUS LOCATION)
966402
252.247-7023 Transportation of Supplies by Sea JAN 2023
Section G - Contract Administration Data
252.201-7000 Contracting Officer's Representative DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.236-7000 Modification Proposals-Price Breakdown DEC 1991
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENT L
Special Contract Language
Special Contract Requirements:
1) FAR provision 52.229-11 and FAR clause 52.229-12
FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.
Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.
5000 C may not be included in the contract price or reimbursed.
Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment.
Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.
When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.
Line 6 Contract/reference number: W912P924B0002 Line 7 “Name and address of the acquiring agency”: St. Louis District, 1222 Spruce St, St.
Louis, MO 63103
Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.
Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:
Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application.
The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.
FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.
For submission requirements and basis of evaluation:
Executed FAR Provision 52.229-11.
Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.
Section I - Contract Clauses
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2023 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-13 Violation of Arms Control Treaties or Agreements -- Certification
NOV 2021
52.210-1 Market Research NOV 2021 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
JUN 2020
52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding
JUN 2020
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-5 Facsimile Proposals OCT 1997 52.215-6 Place of Performance OCT 1997 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
JUN 2020
52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data
NOV 2021
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
NOV 2021
52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort
OCT 2009
52.215-23 Limitations on Pass-Through Charges JUN 2020 52.215-23 Limitations on Pass-Through Charges JUN 2020 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-21 Foams JUN 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals -- Representation.
DEC 2016
52.225-11 (Dev) Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019)
DEC 2022
52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements
MAY 2014
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-
O0016)
FEB 2021
52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-14 Notice Of Availability Of Progress Payments Exclusively For
Small Business Concerns
APR 1984
52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
MAR 2023
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017
52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I
SEP 1996
52.249-10 Alt II Default (Fixed-Price Construction) (Apr 1984) Alternate II APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
JAN 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.219-7000 Advancing Small Business Growth JUN 2023 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
AUG 2022
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7004 (Dev) DoD Progress Payment Rates (DEVIATION 2020-O0010) MAR 2020 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7015 Performance-Based Payments--Representation DEC 2022 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual…
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