Solicitation - W912WJ25BA001.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

Winhall Brook Campground, Restroom Renovations, Ball Mountain Lake, South Londonderry, VT

BIDDING SCHEDULE

ITEM NO. DESCRIPTION QUANTIT

Y

UNIT AMOUNT

Base Bid Items

0001 Northside Restroom Renovation 1 JOB

Lower South Restroom Renovation

1 JOB

Total Base Bid Items

Option Bid Item

Upper Circle Restroom Renovation

1 JOB

Total Option Bid Item

TOTAL Base and Option Items

Note 1: Bidders must bid all items. The work will be awarded as a whole to one bidder. Offers will be evaluated and the low bidder determined by the Total Estimated Amount for Line Items 0001 through0003, including the Base Bid Items and the Option Item. The minimum work awarded will be the Base Bid work.

Note 2: Line Item Number 0003 above is an Option Line Item that may, at the option of the Government, be exercised at any time up to receipt by the Contractor of the Notice to Proceed. If the Option Item is awarded, 30 additional calendar days will be added to the project duration.

Note 3: All work shall be completed within the time period specified in Section CONDITIONS OF THE CONTRACT, 0070 00

COMMENCEMENT, PROSECUTIONAND COMPLETION OF WORK (APR 1984) FAR 52.211-10.

Note 4: The Bidder shall identify a point of contact e-mail for all correspondence related to this bid:

W912WJ25BA001

Section 00 01 15 - List of Drawing Sheets

PLEASE SEE ATTACHED:

SPECIFICATIONS: Renovate Restrooms, Winhall Brook Campground, Ball Mountain Dam, South Londonderry, Vermont dated January 2025

DRAWINGS: Ball Mountain Winhall Brook Campground Restroom Renovation dated February 2025

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

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Northside Restroom Renovation All costs for labor, equipment, and materials for renovations to the Northside Restroom, as shown on the contract drawings and in accordance with the specifications.

Pricing Arrangement: Firm Fixed Price

1 Job

Lower South Restroom Renovation All costs for labor, equipment, and materials for renovations to the Lower South Restroom, as shown on the contract drawings and in accordance with the specifications.

Project Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Upper Circle Restroom Renovation All costs for labor, equipment, and materials for renovations to the Upper Circle Restroom, as shown on the contract drawings and in accordance with the specifications.

Project Code: C2 Pricing Arrangement: Firm Fixed Price

1 Job

Section 00 20 00 - Instructions for Procurements

SITE VISIT

52.236-27 SITE VISIT (CONSTRUCTION) (FEB1995) - ALTERNATE I (FEB 1995):

(a) The clause 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 -

Wednesday, March 19, 2025, at 10:00am Eastern

(c) Participants will meet at -

919 Winhall Station Road, South Londonderry, VT

52.225-10 Notice of Buy American Requirement-Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

Notice of Buy American Requirement-Construction Materials (May 2014)

(a) . "Commercially available off-the-shelf (COTS) item," "construction material," Definitions "domestic construction material," and "foreign construction material, "as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause ).52.225-9

(b) . An offeror requesting a determination regarding the Requests for determinations of inapplicability inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d)of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

W912WJ25BA001

https://www.acquisition.gov/far/part-52#FAR_52_225_9

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9,the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR does not apply, the Government will evaluate only those offers based on use of the 52.225-9 equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

52.227-14 Rights in Data-General.

As prescribed in 27.409(b)(1), insert the following clause with any appropriate alternates:

Rights in Data-General (May 2014)

(a) As used in this clause-Definitions.

Computer database or "database means" a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software-

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations;

and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

W912WJ25BA001

https://www.acquisition.gov/far/part-52#FAR_52_225_9

Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).

Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to-

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright-

(1) Data first produced in the performance of this contract.

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) The Contractor shall not, without the prior Data not first produced in the performance of this contract.

written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)

(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) The Government will not remove any authorized copyright notices placed Removal of copyright notices.

on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) The Contractor shall have the right to use, release to others, reproduce, Release, publication, and use of data.

distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-

(1) As prohibited by Federal law or regulation ( , export control or national security laws or regulations);e.g.

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data.

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3)or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified inwriting. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final(in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings.

(1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer inwriting for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor-

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may-

(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software.

(1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) [Reserved]

(h) The Contractor shall obtain from its subcontractors all data and rights therein necessary to Subcontracting.

fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Nothing contained in this clause shall imply a license to the Relationship to patents or other rights.

Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

52.249-10 Default (Fixed-Price Construction).

As prescribed in 49.504(c)(1), insert the following clause:

Default (Fixed-Price Construction) (Apr1984)

(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increasedcosts incurred by the Government in completing the- work.

(b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if-

(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include-

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.

(c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

Section 00 21 00 - Instructions

PROPOSAL SUBMISSION INSTRUCTIONS (PIEE):

ALL SUBMISSIONS TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH , PIEE SOLICITATION . MODULE SUBMISSIONS MUST BE SUBMITTED VIA THE OPENSOLICITATION ASSOCIATED WITH THIS SOLICITATION

NUMBER. DO NOT SUBMIT IN THE "UNSOLICITED PROPOSALS"SECTION.

Electronic proposal submission is required through the Army's electronic file sharing service, Procurement Integrated Enterprise Environment (PIEE) (https://piee.eb.mil/), Solicitation module, open solicitation associated with this solicitation number. No paper copies, CD-ROMs, email, or facsimile submissions will be accepted.

Information regarding how to set up a vendor registration is included in this link- https://piee.eb.mil/xhtml/unauth/web/homepage /vendorGettingStartedHelp.xhtml

Information regarding role assignment during vendor registration is included in this link- https://sam.gov/opp/2b0a3d5c4c454beb8fefa3d844544a1d /view

File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports delivery up to 1.9 GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors may break the files down into smaller sections in order to upload. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties carefully ensure their electronic files adhere to the following naming convention:

W912WJ25BA001-FIRMNAME-VOLUME I

Each file name shall begin with the solicitation number followed by the firm's name and a brief file description. Please see examples above.

Upload Completion and Deadline: Interested parties shall submit proposals no later than the date and time specified on the solicitation document. The time and date of proposal receipt will be the upload completion/delivery time and date recorded within the PIEE, Solicitation module, open solicitation associated with this solicitation number. Do not assume that electronic submission will occur instantaneously. Large files (e.g., 10MB or more) will take some time to upload. Offerors should time their upload effort and not wait until the last minute to submit as there may be delays in the transmittal process. Offerors are encouraged to keep a copy of the PIEE upload confirmation for their records.

Proposals sent through proprietary or third-party file transfer sites, email, PIEE modules other than the Solicitation module (open solicitation associated with this solicitation number), or DoD SAFE WILL NOT be retrieved and evaluated. It is the responsibility of the Offeror to confirm timely receipt of proposals. All proposals received, as confirmed by the date/time recorded within the PIEE, Solicitation module after the exact time specified for receipt on the solicitation document, shall be treated as late submissions and will not be considered.

Offerors are reminded of the obligations outlined in FAR 52.219-14, Limitations on Subcontracting. This clause places limits on the amount paid by the Government for contract performance to subcontractors. The contractor will be subject to periodic reporting requirements on its subcontracted efforts. Throughout performance, contractors will be required to provide evidence of compliance including, but not limited to, invoices, copies of subcontracts, and/or a list of the value of tasks performed. (Please note: In reference to FAR 52.219-14, the requirements for "Construction by special trade contractors" applies to all contracts issued under a NAICS code where the first three digits are "238." For example,238910. Please reference the solicitation block 10 to determine the applicable NAICS code for this procurement.)

This solicitation is anticipated to be awarded to a small business pursuant to FAR Part 19. As required by 15 U.

S.C. 644(w), the Contracting Officer transmits the following notice:

The Department of Defense and Department of the Army have policies or procedures, in addition to that outlined in FAR 43.204, that apply to definitization of equitable adjustments. Relevant information is publicly available at: https://www.usace.army.mil/Business-With-Us/Partnering/

W912WJ25BA001

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml https://sam.gov/opp/2b0a3d5c4c454beb8fefa3d844544a1d/view https://sam.gov/opp/2b0a3d5c4c454beb8fefa3d844544a1d/view https://www.usace.army.mil/Business-With-Us/Partnering/

The agency's past performance definitizing construction contract equitable adjustments for change orders is available at: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/6173

THE BID SUBMISSION TIME IS .1:00 PM Eastern Time

Bids must be received by the Government by the date/time specified in the solicitation.

HOW - Bidders shall electronically submit their bids using PIEE, Solicitation Module.

BID GUARANTEE: This solicitation requires submission of a bid guarantee in accordance with FAR 52.228-1. Electronic bid submissions must include a scanned copy of the original bid guarantee. The original bid guarantee with "wet" signature and raised seal (if applicable) must be mailed or delivered to the below and received by the bid opening time and date:

Bid Opening Official - Contracting Division

U.S. Army Corps of Engineers

696 Virginia Road

Concord, MA 01742

Bid Opening

Bids will be opened one hour after the time for bid submission noted above. This one hour delay is necessary to allow for technical delays. The Bid Opening Official or Contract Specialist may open electronic documents before the bid opening to prepare for the bid opening, but will not record or communicate bid prices with any other individual until the bid opening. No Government officials will open electronic documents until the independent government estimate is finalized and received by the Bid Opening Official.

THE BID OPENING TIME IS .2:00 PM Eastern Time

The bid opening will be conducted via public conference call. Bidders and members of the public may use the below information to access the conference call:

Call In Info:

US Toll Free1-844-800-2712

US Toll1-669-234-1177

Access Code:

https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/6173

2830 748 6279

During the bid opening, the Bid Opening Official will read the bid totals in the order received electronically. The Bid Opening Official will then read the total amount of the independent government estimate and announce the apparent low bidder. If requested, the Bid Opening Official may read the line item prices of the apparent low bidder. The Contract Specialist will record the bid opening results which will be posted to www.SAM.gov as quickly as practicable following the bid opening.

To preserve conference line stability, bidders are asked to limit the number of individual calls to the conference line to the minimum needed for participation. The bid opening will proceed as scheduled even if individual bidders or members of the public are not able to access the telephone line at the bid opening time. Any interested party may access the results of the bid opening on www.SAM.govshortly after the bid opening.

In accordance with FAR 14.402-1(c), interested persons may examine the bids after the bid opening. Interested persons may contact the Contract Specialist identified following the bid opening to request an electronic copy of the bid(s). Please be considerate of limited Government resources and request bid copies only as necessary.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-7 System for Award Management. Nov 2024 52.204-22 Alternative Line Item Proposal. Jan 2017 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023

FAR Clauses Incorporated by Full Text

52.233-2 Service of Protest. (Sep 2006)

As prescribed in , insert the following provision:33.106

Service of Protest (Sept 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that (a) 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:

Contracting Officer

Contracting Division

696 Virginia Road

Concord, MA 01742

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

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

As prescribed in , insert the following provision:52.107(a)

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

(End of provision)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

Authorized Deviations in Provisions (Nov 2020)

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

(b) The use in this solicitation of any DFARS[insert regulation name](48 CFR Chapter2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 21 13 - Instructions to Bidders

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-18 Preparation of Bids-Construction. Apr 1984 52.214-19 Contract Award-Sealed Bidding-Construction. Aug 1996

Section 00 21 16 - Instructions to Proposers

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

Section 00 45 00 - Representations and Certifications

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

As prescribed in 9.109-5, insert the following provision:

Violation of Arms Control Treaties o 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 isa 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 3business 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) . The certification in paragraph (b)(1) of this provision is a material representation of fact upon Remedies which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition toother remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-7 Information Regarding Responsibility Matters. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

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

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (Jan 2025)

As prescribed in , insert the following provision:4.1202(a)

Annual Representations and Certifications (Jan 2025)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is .236220

(2) The small business size standard is .$45,000,000.00

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

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

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

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

(b)

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

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

(i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-5, Certification Regarding Responsibility Matters.