Solicitation - W912WJ26BA014.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

Obstruction to Navigation, Removal & Disposal, Portland Harbor, Portland, MEInstrument Name:

APPLICABLE NAICS CODE: 237990. SIZE STANDARD $45,000,000.00 SPECIFICATIONS

TITLED: REMOVE NAVIGATION OBSTRUCTION, PORTLAND HARBOR, PORTLAND, MAINE,

dated April 2026 DRAWINGS TITLED: REMOVE NAVIGATION OBSTRUCTION, PORTLAND HARBOR, PORTLAND, MAINE, dated April 2026 INTERESTED PARTIES MAY REQUEST A

VIDEO OF THE OBSTRUCTION BY EMAILING ANN.M.ADLEY@USACE.ARMY.MIL.

REPRESENTATIONS AND CERTIFICATIONS, SECTION 004500, INSTRUCTIONS, SECTION

002100, CONDITIONS OF CONTRACT, SECTION 007000, PROCUREMENT AND

CONTRACTING REQUIREMENTS, SECTION 000000 MAGNITUDE OF THIS CONSTRUCTION

PROJECTS IS BETWEEN $100,000 - $250,000. ALL BIDDERS MUST COMPLETE THE

ANNUAL REPRESENTATIONS AND CERTIFICATIONS ELECTRONICALLY VIS THE SYSTEM

OF AWARD MANAGEMENT (SAM) WEBSITE AT HTTPS:WWW.SAM.GOV/PORTAL/PUBLIC

/SAM/ OR BY TELEPHONE 1-866-606-8220. PLEASE ENSURE YOUR FIRM REGEISTRATION

IS ACTIVE IN THE SAM DATABASE.

W912WJ26BA014

BIDDING SCHEDULE

Refer to Section 01 22 00 MEASUREMENT AND PAYMENT

Item No. Description Quantity Unit Amount____

0001 Removal and Disposal of 1 Job $

Navigation Obstruction

TOTAL $__________________

Note 1: All work shall be completed within the time period specified in the

CONDITIONS OF THE CONTRACT, "COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK."

Note 2: The Bidder shall identify a point of contact (POC) email for all correspondence related to this bid:

*** END OF NARRATIVE ***

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

Additional Information/Notes

Section 00 21 00 - Instructions

PROPOSAL SUBMISSION INSTRUCTIONS (PIEE):

ALL SUBMISSIONS TO THIS ANNOUNCEMENT SHALL BE SUBMITTED THROUGH THE

ARMY'S ELECTRONIC FILE SHARING SERVICE, PROCUREMENT INTEGRITY ENGERPRISE

ENVIRONMENT (PIEE) (HTTPS://PIEE.EB.MIL/), USING THE SOLICITATION MODULE AND

THE OPEN SOLICITATION ASSOCIATED WITH THIS SOLICITATION NUMBER.

The Government will not accept: paper copies, CD-ROMs, emails, facsimile submissions, proposals uploaded to any other module in PIEE, or any other method of submission. These proposals will not be retrieved or evaluated.

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 processed appropriately, each file name should begin with the solicitation number followed by the firm's name and a brief file description.

Adhere to the following naming convention:

W912WJ26BA014-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.

W912WJ26BA014

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

It is the responsibility of the Offeror to confirm timely receipt of proposals. All proposals received after the exact time specified for receipt, as confirmed by the date/time recorded within the PIEE Solicitation module, shall be treated as late submissions and will not be considered.

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 Teams session. Bidders and members of the public may use the below information to access the conference call:

Join the meeting now

Call In Info: 601-262-2433

W912WJ26BA014

https://dod.teams.microsoft.us/l/meetup-join/19%3adod%3ameeting_7ac1b135f5fe40598f9bbdac66129222%40thread.v2/0?context=%7b%22Tid%22%3a%22fc4d76ba-f17c-4c50-b9a7-8f3163d27582%22%2c%22Oid%22%3a%2296b177e2-22c7-46fa-85d4-10e50e0a5f57%22%7d

Passcode: M2a5YR2J

Meeting ID: 993 563 344 422

Industry: It is critical that you join this Teams meeting using a web browser instead of the Teams app. Open a Google Chrome or Microsoft Edge browser, make sure you are not signed into Teams in the browser, and paste the meeting link from the invitation into the browser. When prompted, decline to use the Teams app and continue to join via the browser. (If you are signed into your own Teams, the USACE host will not see you in the lobby to admit into the meeting.)

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.gov shortly after the bid opening.

*** END OF NARRATIVE ***

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation)

2026-02

52.214-3 Amendments to Invitations for Bids. (Deviation)

2026-02

52.214-4 False Statements in Bids. 1984-04

52.214-5 Submission of Bids. (Deviation) 2026-02

52.214-6 Explanation to Prospective Bidders.

1984-04

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

(Deviation)

2026-02

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026- O0038)

2026-02

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

2014-05

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

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

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

2023-01

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective

Date

52.216-1 Type of Contract. (Deviation) 2026-02

Type of Contract (Feb 2026) (Deviation)

The Government contemplates award of a contract resulting from this _FIRM FIXED PRICE_ 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 opening (a) 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., supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

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 any (2) 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. (Deviation 2026-O0038)

2026-02

Service of Protest (Feb 2026) (Deviation 2026-O0038)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from

Contracting Officer

Contracting Division

696 Virginia Road

Concord, MA 01742

(b) The copy of any protest must 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-overhaul

(End of provision)

52.252-5 Authorized Deviations in 2020-11

Provisions.

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

(End of provision)

Section 00 45 00 - Representations and Certifications

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.

2017-01

52.223-1 Biobased Product Certification.

(Deviation 2026-O0038)

2026-02

52.223-4 Recovered Material Certification. 2008-05

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 2023-06

Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

FAR Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-2 Certificate of Independent Price Determination.

1985-04

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)

(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (Deviation 2026- O0038)

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(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 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

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

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

52.209-7 Information Regarding Responsibility Matters.

(Deviation)

Information Regarding Responsibility Matters (Feb 2026) (Deviation)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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

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

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

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

52.219-2 Equal Low Bids. (Deviation) 2026-02

Equal Low Bids (Feb 2026) (Deviation)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

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

DFARS Provisions Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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) . "Covered defense telecommunications equipment or services," "covered Definitions 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) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 Prohibition (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) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov 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) . If in its annual representations and certifications in SAM the Offeror has Representation 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) . If the Offeror has represented in paragraph (d) of this provision that it "will Disclosures 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 70 00 - Conditions of the Contract

Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than days from NTP. The time stated _ _ 90 for completion shall include final cleanup of the premises.

(End of clause)

Site Visit

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Ann Adley, Contract Specialist

Email: Ann.M.Adley@usace.army.mil

Telephone: 978-318-8255

AT OPSEC

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (eg., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures -this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clauses of this contract, should FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (hhtps://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list if verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract ward. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

VETERANS EMPLOYMENT INFO

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set aside, evaluation preference, or incentive applies to the solicitation or qualified veterans to perform performance under the resultant contract, USACE contractors are encouraged to seek out highly services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

-U.S. Department of Labor Veterans' Employment and Training Service (VETS): https://www.dol.

gov/vets/

-Federal Veteran Employment Information: https://www.fedshirevets.gov/

-Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

-U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules /employers/index.html

-Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

WEATHER DELAYS

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "DEFAULT (FIXED PRICE CONSTRUCTION)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied. (7) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month. (8) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON 5 DAY

WORK WEEK

JANUARY FEBRUARY MARCH APRIL MAY JUNE

20 16 8 4 3 3

W912WJ26BA014

https://www.dol.gov/vets/ https://www.dol.gov/vets/ https://www.fedshirevets.gov/ https://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html https://wct.army.mil/modules/employers/index.html https://www.uschamberfoundation.org/hiring-our-heroes

JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

3 3 3 4 4 15

WAGE DETERMINATION

The Wage Determination for this project can be found at:

https://sam.gov/wage-determination/ME20260030/0

Wage Determination No.: ME20260030

Modification No.: 0

Date of Last Revision: January 2, 2026

*** END OF NARRATIVE ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.222-3 Convict Labor. (Deviation) 2026-02

52.222-7 Withholding of Funds. (Deviation) 2026-02

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation)

2026-02

W912WJ26BA014

https://sam.gov/wage-determination/ME20260030/0

Section 00 72 00 - General Conditions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees.

2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation)

2026-02

52.204-13 System for Award Management- 2026-02

Maintenance. (Deviation)

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation)

2026-02

52.214-18 Preparation of Bids-Construction. 1984-04

52.214-19 Contract Award-Sealed Bidding- Construction.

1996-08

52.214-26 Audit and Records-Sealed Bidding. (Deviation)

2026-02

52.219-8 Utilization of Small Business Concerns. (Deviation)

2026-02

52.222-6 Construction Wage Rate Requirements. (Deviation)

2026-02

52.222-8 Payrolls and Basic Records.

(Deviation)

2026-02

52.222-10 Compliance with Copeland Act 2026-02

Requirements. (Deviation)

52.222-11 Subcontracts (Labor Standards).

(Deviation)

2026-02

52.222-12 Contract Termination-Debarment. 2014-05

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05

52.222-14 Disputes Concerning Labor Standards. (Deviation)

2026-02

52.222-15 Certification of Eligibility. 2014-05

52.222-35 Equal Opportunity for Veterans.

(Deviation)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation)

2026-02

52.222-62 Paid Sick Leave Under Executive 2026-02

Order 13706. (Deviation)

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0038)

2026-04

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026- O0038)

2026-02

52.223-23 Sustainable Products. (Deviation) 2026-02

52.226-7 Drug-Free Workplace. 2024-05

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.227-1 Authorization and Consent. 2020-06

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

2020-06

52.227-4 Patent Indemnity-Construction Contracts.

2007-12

52.227-14 Rights in Data-General. 2014-05

52.228-2 Additional Bond Security. 1997-10

52.228-11 Individual Surety-Pledge of Assets.

2021-02

52.228-12 Prospective Subcontractor Requests for Bonds.

2022-12

52.228-14 Irrevocable Letter of Credit. 2014-11

52.228-15 Performance and Payment Bonds-Construction.

2020-06

52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee).

2021-02

52.229-3 Federal, State, and Local Taxes. 2013-02

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-27 Prompt Payment for Construction Contracts.

2017-01

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-1 Disputes. (Deviation) 2026-02

52.233-3 Protest after Award. (Deviation) 2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation)

2026-02

52.236-2 Differing Site Conditions.

(Deviation)

2026-02

52.236-3 Site Investigation and Conditions Affecting the Work. (Deviation)

2026-02

52.236-5 Material and Workmanship. 2026-02

52.236-6 Superintendence by the Contractor. (Deviation)

2026-02

52.236-7 Permits and Responsibilities.

(Deviation)

2026-02

52.236-8 Other Contracts. (Deviation) 2026-02

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation)

2026-02

52.236-10 Operations and Storage Areas.

(Deviation)

2026-02

52.236-11 Use and Possession Prior to Completion. (Deviation)

2026-02

52.236-12 Cleaning Up. (Deviation 2026- O0038)

2026-02

52.236-13 Accident Prevention. (Deviation) 2026-02

52.236-15 Schedules for Construction Contracts. (Deviation)

2026-02

52.236-21 Specifications and Drawings for Construction. (Deviation)

2026-02

52.242-13 Bankruptcy. 1995-07

52.242-14 Suspension of Work. 1984-04

52.243-4 Changes. (Deviation) 2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation)

2026-02

52.246-12 Inspection of Construction. 1996-08

52.246-21 Warranty of Construction. 1994-03

52.249-10 Default (Fixed-Price Construction).

1984-04

52.253-1 Computer Generated Forms.

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General.

2019-08

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012…