A21 - W912PM26BA005.pdf

(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. 12/2022)

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)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

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. 12/2022) 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 THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section 00 00 00 - Procurement and Contracting Requirements

W. Kerr Scott Dam and Reservoir Bridge RepaintingInstrument Name:

THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS THE MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN

$500,000.00 AND $1,000,000.00 HAND CARRIED BIDS AND OTHER FORMS OF

ELECTRONIC BID SUBMISSION, TO INCLUDE EMAIL, (CD-ROM) DISCS AND FACSIMILE

TRANSMISSIONS, ARE NOT AUTHORIZED. ALL BIDS MUST BE SUBMITTED

ELECTRONICALLY THROUGH PIEE AT HTTPS://PIEE.EB.MIL. RETURN SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS WITH BID. VERBAL AND WRITTEN

REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED ABOVE.

INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT

BE RELAYED TO THE PROPER PERSON AND, THEREFORE, MAY NOT BE ANSWERED.

SOLICITATION/TECHNICAL INQUIRIES MAY BE SUBMITTED VIA PROJNET. SEE

SECTION 00 21 13.

W912PM26BA005

Section 00 01 05 - Certification Page

Section 00 01 10 - Table of Contents

Section 00 01 15 - List of Drawing Sheets

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Total Amounts

TOTAL AMOUNT OF LINE ITEMS 0001-0003 $____________________________________

*** END OF NARRATIVE 1 ***

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Mobilization and Demobilization Pricing Arrangement: Firm Fixed Price

1 Job

0002 Clean and Repaint Service Bridge Pricing Arrangement: Firm Fixed Price

1 Job

0003 Performance and Payment Bonds Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 20 00 - Instructions for Procurements

Section 00 21 00 - Instructions

1. Please be sure to include unit prices rounded to two (2) decimal places.

2. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

3. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE Finance Center, 5720 Integrity Drive, Millington, TN 38054-5005 for contractor payments.

4. Completion of all work shall be completed 60 days after notice to proceed.

5. HAND CARRIED BIDS AND OTHER FORMS OF ELECTRONIC BID SUBMISSION, TO

INCLUDE EMAIL, (CD-ROM) DISCS AND FACSIMILE TRANSMISSIONS, ARE NOT

AUTHORIZED. ALL BIDS MUST BE SUBMITTED ELECTRONICALLY THROUGH PIEE.

6. Bids shall be hand or electronically signed by a duly authorized official of the Offeror's company and are required to be submitted via PIEE website at https://piee.eb.mil. Electronic signatures are permitted on both SF 1442 and on the bid bonds. Contractors are required to submit the original bid documents after the bid opening. Instructions for use of PIEE are available on the SAM.gov website as a separate document alongside this solicitation.

BID OPENING

Invitation for Bid No: W912PM26BA005

Due date of Bid: Wednesday March 11, 2026

Time by which Bids are due: 1:00 P.M. (Eastern)

Time by which Bids will be read: 2:00 P.M. (Eastern)

Bidders who choose to attend the bid opening in person, may do so at the specified time. The bid opening will also be read via teleconference line. TOLL FREE: 1-844-800-2712

ATTENDEES ACCESS CODE: 433 827 89

Each Bidder must submit a bid via the PIEE website. No hard paper copies will be accepted or evaluated. The bid must be received by the closing date and time set for receipt of bids. In an effort to reduce paperwork and reduce cost, all bids shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 1/2 x 11 size pages in no less

W912PM26BA005

https://piee.eb.mil.

than a 10 pitch or 10 fonts. Page limitations, where specified in the IFB, shall be considered a maximum. Bidders may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format: W912PM26BA005_COMPANYNAME_File name.

Do not assume that electronic communication is instantaneous - in fact, it can take several minutes or even hours in some cases. Please make sure allowances for delays in transmittal.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to received bids on its behalf. Bidders are responsible for ensuring that bids are submitted timely and reach the designated recipient of bids. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

Pre-Award Information

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

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

c. Have a satisfactory performance record;

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

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

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

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

2. Before award, to be determined responsible, a prospective contractor must submit the following information within three (3) days of request:

a. Current Financial Statement

Site Visit

An organized site visit has been scheduled for -

Tuesday February 24, 2026 at 9:00 A.M EST

Participants will meet at-

499 Reservoir Road

Wilkesboro, NC 28697

*** END OF NARRATIVE 1 ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management. 2024-11

52.214-3 Amendments to Invitations for Bids. 2016-12

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. 2016-12

52.214-6 Explanation to Prospective Bidders. 1984-04

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

1999-11

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.

2014-05

52.232-13 Notice of Progress Payments. 1984-04

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2023-11

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.216-1 Type of Contract. 1984-04

Type of Contract (Apr 1984)

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

(End of provision)

52.228-1 Bid Guarantee. 1996-09

Bid Guarantee (Sept 1996)

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

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond (b) e.g., (SF24) supported by good and sufficient surety or sureties acceptable to the Government, 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-

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

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

The amount of the bid guarantee shall be percent of the bid price or $ , (c) 20 3,000,000.00 whichever is less.

If the successful bidder, upon acceptance of its bid by the Government within the period (d) 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.

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

(End of clause)

52.233-2 Service of Protest. 2006-09

Service of Protest (Sept 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed (a) directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Wilmington District, Attn: Troy Small, Contracting Division, 69 Darlington Ave, Wilmington, NC 28403.

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

(End of provision)

52.252-1 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/far

W912PM26BA005

https://www.acquisition.gov/far https://www.acquisition.gov/dfars

(End of provision)

52.252-5 Authorized Deviations in Provisions.

2020-11

Authorized Deviations in Provisions (Nov 2020)

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

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

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.215-7008 Only One Offer.

2022-12

ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost

W912PM26BA005

https://www.acquisiton.gov/dfars or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable ____[U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00 21 10 - Two Phase – Phase One

Section 00 21 13 - Instructions to Bidders

DISCLOSURE OF MAGNITUDE

Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between $500,000 and $1,000,000

PROJNET

Solicitation/Technical Inquiries via ProjNet

1. Solicitation/Technical Inquiries.

a. Inquiries are to be submitted via Bidder Inquiry at the ProjNet website at https://www.projnet.

org .

b. If you have technical problems accessing the Bidder Inquiry via the ProjNet website, contact the ProjNet Help Desk at 1-800-428-4357 (HELP). This number is for technical issues accessing the website ONLY.

2. Read this paragraph in conjunction with contract provision FAR 52.214-6, "Explanation to Prospective Bidders".

3. Any prospective bidder/offeror desiring an explanation or interpretation of the solicitation, drawings specifications, etc., must request it in writing via Bidder Inquiry in ProjNet within no less than ten (10) calendar days prior to the date of bid opening or receipt of proposals. The Government reserves the right to decline addressing questions received less than ten (10) calendar days prior to receipt of bid opening or receipt of proposals.

4. No Inquiries will be accepted by the Bidder Inquiry system within ten (10) calendar days prior to the date of bid opening. However, you may still access the Bidder Inquiry system to view answers/replies to previous inquiries until the bid opening.

5.ProjNet - Bidder Inquiry module.

a. To submit and review bid inquiry items, bidders/offerors will need to be a current registered user or self-register into system. To access Bidder Inquiry, go to the ProjNet web page at http://www.projnet.org and click the "Quick Add" link. Once at the Quick Add screen, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, and bidder's/offeror's e-mail address, then click login. If this is bidder's/offeror's first time logging in they will be taken to the Bidder Inquiry Create Account screen to self register. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret Question Answer and email address used for future access to this website.

b. From this page you may view all bidder/offeror inquiries under Reports or post a new inquiry under Submit.

c. Bidders/Offerors will receive an acknowledgement of their question via email, followed by another email notification that an answer to their question has been posted after it has been reviewed by our technical team and responded to by a Contracting Officer. It is the responsibility of the Bidder/Offeror to check their junk email and email delivery options to ensure delivery of these acknowledgement emails.

d. Bidders/Offerors are responsible for checking bid inquiry items.

e. Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for W912PM26BA005 the public on the report of all Bidder Inquiries. Bidders/ Offerors are on notice of, and assumed to be aware of, all inquiries, responses, and information posted in the Bidder Inquiry System up to the date of bid submission, whether the inquiry was generated by the Bidder themselves or another potential Bidder/ Offeror. Bidders are responsible for incorporating all such information into their bid, or for requesting further clarification."

6. Solicitation Information: IFB No: W912PM26BA005

Bidder Inquiry Key: QX7DAK-24V3TT

*** END OF NARRATIVE 1 ***

Section 00 21 16 - Instructions to Proposers

Section 00 21 20 - Two Phase - Phase Two

Section 00 22 00 - Supplementary Instructions

Section 00 22 10 - Two Phase - Phase One

Section 00 22 13 - Supplementary Instructions to Bidders

Section 00 22 16 - Supplementary Instructions to Proposers

Section 00 22 20 - Two Phase - Phase Two

Section 00 30 00 - Available Information

Section 00 40 00 - Procurement Forms and Supplements

Section 00 43 00 - Bid Bond Form

Section 00 43 73 - Proposed Construction Schedule Form

Section 00 45 00 - Representations and Certifications

OFFEROR IDENTIFICATION

Offeror is requested to furnish the following information:

Name/Address: __________________________________________

Telephone No. ___________________________________________

DUNS: ________________________ CAGE: ____________________

CORPORATE CERTIFICATES

The offeror shall execute and affix seal on attached Corporate Certificate if the company is incorporated. Company name on the seal should always be the same as company name on Page A-1 of the solicitation. If a proposal is signed by an officer of the company, the certificate shall be certified by another officer of the company. If the proposal is signed by someone other than an officer of the company, the proposal must be accompanied by: (1) a Corporate Resolution that individual signing the contract has authority to bind the company; or (2) a Corporate Resolution stating that an officer of the company may appoint individuals to sign proposals and bind the company. NOTE: Contractor, if a corporation, should cause the following certificate to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the certificate.

W912PM26BA005

CERTIFICATE

I, ________________________________________________ , certify that I am ____________________________________________of the corporation named Contractor herein, that _____________________________________________ signed this contract on behalf of the Contractor, was then ______________ of said corporation; that said contract was duly signed for and in of said corporation by authority of its governing body, and is within the scope of its corporate powers.

____________________________________ (CORPORATE SEAL)

(Signature)

TAXPAYER IDENTIFICATION

Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(a) Taxpayer Identification Number (TIN).

___ TIN:.___________________________

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(b) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ______________________________

(c) Common parent.

___ Offeror is not owned or controlled by a common parent

___ Name and TIN of common parent:

Name _________________________________

TIN ___________________________________

*** END OF NARRATIVE 1 ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.229-12 Tax on Certain Foreign Procurements.

2021-02

DFARS Provisions Incorporated by Reference

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 Business Operations with the Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

2023-06

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

2015-11

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

(a) . "Inverted domestic corporation" and "subsidiary" have the meaning given in Definitions the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) . The Offeror represents that-Representation

(1) It is, is not an inverted domestic corporation; and

(2) It is, is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

2018-10

Information Regarding Responsibility Matters (Oct 2018)

(a) . As used in this provision-Definitions

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

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 ( , general manager; plant e.g.

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.

2021-11

Violation of Arms Control Treaties or Agreements-Certification (Nov 2021)

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

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such 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 it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

252.204-7007 Alternate A, Annual Representations and Certifications.

2025-10 Alternate A

2025-10

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2025)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

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

(i) Paragraph (e) applies.

(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $200,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.

(iii) 252.225-7020, Trade Agreements Certificate.

Use with Alternate I.

(iv) 252.225-7031, Secondary Arab Boycott of Israel.

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

Use with Alternate I.

Use with Alternate II.

Use with Alternate III.

Use with Alternate IV.

Use with Alternate V.

(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . After reviewing the SAM database information, https://www.sam.gov the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, . These amended representation(s) and/or certification(s) are also incorporated in ]title, date this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS

Provision #

Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

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

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense 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."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item 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).

Section 00 50 00 - Contracting Forms and Supplements

Section 00 51 00 - Notice of Award

Section 00 52 00 - Agreement Forms

Section 00 60 00 - Project Forms

Section 00 61 00 - Bond Forms

Section 00 62 00 - Certificates and Other Forms

Section 00 70 00 - Conditions of the Contract

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.222-3 Convict Labor. 2003-06

52.222-7 Withholding of Funds. 2014-05

52.223-23 Sustainable Products and Services.

(DEVIATION 2025-O0004)

2024-05 Deviation 2025- O0004

2025-03

52.225-10 Notice of Buy American Requirement- Construction Materials. (Alternate I)

2014-05 Alternate I

2014-05

52.228-11 Pledges of Assets (DEVIATION 2020- O0016)

2021-02 Deviation 2020- O0016

2020-04

52.228-15 Performance and Payment Bonds- Construction (Deviation 2020-O0016)

2020-06 Deviation 2020- O0016

2020-04

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

2024-11

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013

REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

2024-08 Deviation 2024- O0014

2024-08

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems###Representation.

(DEVIATION 2024-O0014)

2024-08 Deviation 2024- O0014

2024-08

252.232-7004 DoD Progress Payment Rates

(DEVIATION 2020-O0010)

2014-10 Deviation 2020- O0010

2020-03

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-14 Limitations on Subcontracting

(DEVIATION 2021-O0008)

2022-10 Deviation 2021-O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier Definition. Similarly situated entity subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii);

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a Independent contractors.

subcontractor.

(e) By submission of an offer and execution of a contract, Limitations on subcontracting.

the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they…