Sections_A-M__70Z04719RPVALJO00_FINAL.pdf

UNITED STATES COAST GUARD

REQUEST FOR PROPOSALS (RFP)

SOLICITATION NO. 70Z04719RVALJO00 - PROVIDE PERMANENT

STATION FACILITIES

VALLEJO, CA

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

70Z04719RPVAJO00

U.S. Coast Guard Facilities Design & Construction Center 5505 Robin Hood Road, Suite K Norfolk, VA 23513

PROVIDE PERMANENT STATION FACILITIES, VALLEJO, CA

Provide all materials, labor, equipment, services, and all operations necessary to perform all work in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings, as set forth in Section C.

NAICS CODE: 236220 Size Standard: $36.5M

Disclosure of Magnitude of Construction for the project is between $6,000,000 and $9,000,000 for the Base Item and all Option Items.

Phase I written proposals are due May 23, 2019 no later than 2:00 p.m.

U.S. Coast Guard Facilities Design & Construction Center 5505 Robin Hood Road, Suite K Norfolk, VA 23513

Cheryl P. Allen 757-852-3415

3 8604/30/2019

05/30/2019

2:00 PM

See Section F

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) SECT DESCRIPTION PAGES

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 1-5

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6-7

X C DESCRIPTION/SPECS/WORK STATEMENT 8-9

X D PACKAGING AND MARKING 10

X E INSPECTION AND ACCEPTANCE 11-12

X F DELIVERIES OR PERFORMANCE 13-15

X G CONTRACT ADMINISTRATION DATA 16

X H SPECIAL CONTRACT REQUIREMENTS 17-26

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 27-48

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 49-60

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

61-71

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFEROR 72-80

X M EVALUATION FACTORS FOR AWARD 81-86

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Base Item:

Provide all necessary design effort required for the complete specifications, regardless of whether the Options are awarded. Provide all labor, material, equipment, mobilization, demobilization, permitting, construction support, quality control services, and ancillary items required for site development and construction, excluding the Rooms identified in Option Item 1. Provide pavement in accordance with 1800-1.4.9 if Option 1 is not awarded.

Design Cost: $_____________ ________

Construction Cost: $

TOTAL BASE ITEM: $___________________ _

The TOTAL BASE ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications.

Option Item 1: Boat Maintenance Portion

Provide all labor, material, equipment, mobilization, demobilization, permitting, construction support, quality control services, and ancillary items required for site development and construction related to Rooms 125 Boat Bay, 126 Parts/Tools, 127 Boatswain Storage, 128 Flammable Storage, 129 Maintenance Equipment, and 131 Boatswain Workstation.

OPTION ITEM 1: $

Option Item 2: Fixtures Furnishings, and Equipment (FFE)

Provide all new Fixtures, Furnishings, and Equipment (FFE) as identified in section 1800-1.17

OPTION ITEM 2: $

TOTAL BASE ITEM, OPTION ITEM 1, AND OPTION ITEM 2 $_____________________

Offers will be evaluated in accordance with FAR clause 52.217-5 "Evaluation of Options".

Evaluation of the options shall not obligate the Government to exercise the options. If awarded, Options shall be awarded within 90 calendar days of award. If awarded, Options shall also be completed within the performance period of 730 calendar days.

BETTERMENTS WILL NOT BE ACCEPTED. ALL INNOVATIVE, CREATIVE, OR COST

SAVING TECHNICAL PROPOSALS ARE TO BE INCLUDED AS PART OF THE TOTAL

PRICE.

Offerors that include language in their proposals containing conditions may be rejected.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 SCOPE OF WORK

See Attachment J.1. Specification “Provide Permanent Station Facilities, Vallejo, CA”.

APPLICABLE PUBLICATIONS

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. The contractor shall comply with all applicable federal, state, and local regulations and laws.

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 112 Oil Pollution Prevention

40 CFR 136-143 Water Programs

40 CFR 204 Noise Emission Standards for Construction Equipment

40 CFR 260-279 Solid Waste Regulations

40 CFR 280-282 Underground Storage Tank Regulations

40 CFR 311-374 Worker Right-to-Know 40 CFR 761 Polychlorinated Biphenyls (PCBs)

Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1910 Worker Safety Requirements

29 FR 1926.62 Lead

29 FR 1926.1101 Asbestos

(c) U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS:

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

(d) COMDTINST M5100.47 U.S. Coast Guard Safety and Environmental

Health Manual

(e) COMDTIST M6260.16 U.S. Coast Guard Asbestos Exposure Control

Manual

C.2 REFERENCE STATUTES

The statutes listed below form a part of this specification to the extent referenced.

Clean Air Act (CAA) - (42 U.S.C. 7401 to 7642) Clean Water Act (CWA) Safe Drinking Water Act (SDWA) Coastal Zone Management Act (CZMA) Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA)

- (42 U.S.C. 9601 to 9675) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - (7 U.S.C. 136 to 139y) National Historic Preservation Act (NHPA) Noise Control Act (NCA) - (42 USC 4901 to 4918) Pollution Prevention Act (PPA) - (42 U.S.C. 13101 to 13109) Resource Conservation and Recovery Act (RCRA) - (42 U.S.C. 6901 to 6991i) Solid Waste Disposal Act (SWDA) - (42 U.S.C. 6901 to 6991i) Toxic Substance Control Act (TSCA) - (15 U.S.C. 2601 to 2654) Energy Independence and Security Act of 2007 (EISA) Endangered Species Act (ESA)

Emergency Planning and Right-to-Know Act (EPCRA)

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

THIS AREA IS INTENTIONALLY LEFT BLANK.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.

The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

THIS AREA IS INTENTIONALLY LEFT BLANK.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION AND

COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the award, (b) prosecute the work diligently, and (c) complete Base Item and Options within 730 calendar days from award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $863.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least TWENTY (20) percent of the total amount of work to be performed under the contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the contracting Officer determines that the reduction would be to advantage of the Government.

F.4 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government.

In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.5 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.6 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposal shall be done in accordance with federal, state, and local laws and regulations.

THIS AREA IS INTENTIONALLY LEFT BLANK

SECTION G

CONTRACT ADMINISTRATION

DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Representative (COR) is the representative of the Contracting Officer for the purpose of day to day technical administration/inspection of all work under the contract. This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the COR authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. The COR will be designated upon award of the contract.

G.3 ADDRESS OF CORRESPONDENCE

All correspondence, unless otherwise specified, shall be directed to the following address:

(a) The address and telephone number of the Contracting Officer is:

U.S. Coast Guard

Facilities Design and Construction Center 5505 Robin Hood Rd., Suite K

Norfolk, Virginia 23513

Phone Number: (757) 852-3415

FAX: (757) 852-3495

Email: Cheryl.P.Allen@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

As established by law (5 U.S.C. 6103), the Government observes the following holidays:

• New Year's Day (January 1).

• Birthday of Martin Luther King, Jr. (Third Monday in January).

• Washington's Birthday (Third Monday in February).

• Memorial Day (Last Monday in May).

• Independence Day (July 4).

• Labor Day (First Monday in September).

• Columbus Day (Second Monday in October).

• Veterans Day (November 11).

• Thanksgiving Day (Fourth Thursday in November).

• Christmas Day (December 25).

Note: When a holiday falls on a non workday, Saturday or Sunday, the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

H.2 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.3 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for the entire period of performance of this contract consistent with Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE – WORK ON A GOVERNMENT INSTALLATION” (See Section I). FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability. When contract performance involves use of vessels, Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

ATTENTION OFFEROR: IF A PROJECT INVOLVES WORK ON NAVIGABLE

WATERS, LONGSHOREMEN’S AND HARBORWORKER’S COMPENSATION ACT

(33 U.S.C. 901) MAY BE APLLICABLE.

H.4 VEHICLE PASSES

The Contractor shall obtain a temporary vehicle pass, if required at the DHS location where performance is to take place.

To obtain a temporary vehicle pass, the Contractor must have in his possession at the time of application, a current vehicle registration card for each vehicle he wishes to register, a current valid driver’s license for each operator, and proof of insurance covering each vehicle to be registered.

If the Contractor changes vehicles, or a new vehicle is used, a new vehicle pass will be needed.

CONTRACTOR'S SHALL NOT EXCHANGE VEHICLE PASSES

A violation of the Base Security Regulations or Motor Vehicle Regulations could result in the Contractor being barred from the base, and the contract terminated for default.

H.5 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractor's are required to comply with local VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work will be performed.

(b) The compliance plan shall be submitted by the Contractor to the Contracting Officer within five calendar days after receipt of the contract, and prior to the use of any "VOC" materials on the project site. The Government will approve or disapprove the Contractor's compliance plan within five calendar days after receipt. Should the Government reject the compliance plan, the Contractor shall resubmit a revised compliance plan within three calendar days after receipt of the rejection notification. Failure on the part of the Contractor to submit an acceptable "VOC" plan, shall not be grounds for a time extension to the performance period.

(c) An acceptable compliance plan shall contain, as a minimum:

(i) A listing of each material subject to restrictions in the air quality management district in question;

(ii) The rule governing its use;

(iii) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

(iv) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H.6 WAGE RATES

See Section J.5 for wage determination. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision, the Contracting Officer shall be notified in writing.

H.7 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release, DHS form 700-3. Failure to submit this completed release shall result in delay of final payment.

H.8 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.9 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility.

Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility.

Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries.

Otherwise access to the Coast Guard facility may be denied. Special security provisions may apply to this contract. Employees may be required to submit to a background check and be United States citizens.

H.10 REAL ID ACT OF 2005

The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver's licenses and identification cards from states not meeting the Act's minimum standards. To this purpose, there are five states that are not in compliance with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State.

Anyone under this contract, to include subcontractors, who holds a driver's license from any of the states without approved licenses and require access to a military facility will be required to provide identification other than a driver's license to gain access. It is the responsibility of the Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for base access. Further information on the Real ID Act can be found here:

http://www.dhs.gov/real-id-enforcement-brief# http://www.dhs.gov/real-id-enforcement-brief

H.11 TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the COR and Project Manager. The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The Coast Guard assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities may be available for Contractor use. The Contractor shall ensure the facilities remain clean. Contractors may be required to provide toilet facilities at some sites.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor. Should water and electricity be available contractor, the Contractor will bear connection costs. Cost of these utility connections and disconnections is the responsibility of the Contractor.

H.12 EXISTING UTILITIES

Utility locations when shown are approximate. The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

H.13 DESIGN-BUILD CONTRACT – ORDER OF PRECEDENCE

In the event of conflict or inconsistency between any of the below described portions of the conformed contract, precedence shall be given in the following order:

(1) Any portions of the proposal or final design that exceed the requirements of the solicitation.

i. Any portion of the proposal that exceeds the final design.

ii. Any portion of the final design that exceeds the proposal.

iii. Where portions within either the proposal or the final design conflict, the portion that most exceeds the requirements of the solicitation has precedence.

(2) The requirements of the solicitation, in descending order or precedence:

(a) Standard Form 1442, Price Schedule, and Davis-Bacon Wage Rates.

(b) Contract Clauses.

(c) General Requirements.

(d) Project program Requirements.

(e) Attachments (excluding Concept Drawings).

(f) Prescriptive Specifications exclusive of performance specifications.

(g) Performance Specifications exclusive of prescriptive specifications.

(h) Attachments (Concept Drawings).

H.14 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND

SPECIFICATIONS

This is to clarify that contract clause 52.236-21 refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

H.15 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality.

Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for the services required under this contact, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

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

(e) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

H.16 SEQUENCE OF DESIGN-CONSTRUCTION

(a) After receipt of the contract, the Contractor shall initiate design, comply with all design submission requirements, and obtain Government review of each submission.

The Government will not grant any time extension for any design or re-submittal required the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Contractor chooses to proceed with construction prior to the review of the Final Design submission, no payment will be made for any in-place construction related to the design elements pending review by the Government. Foundation designs, site work, utility designs and demolition plans can be approved separately to allow for fast track execution.

(c)No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.(d) Upon acceptance of the demolition, site utilities and foundation plans and specifications, the Contracting Officer or COR will notify the Contractor when that portion of the design is accepted for construction.

H.17 CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the Construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

H.18 DEVIATING FROM THE ACCEPTED DESIGN

(a) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed deviation to the requirements of the Request for Proposal and accepted design including referenced codes before proceeding with the deviation. If the revision to the design remains within the requirements of the RFP and accepted design then the contractor shall only have to notify the Government of the revision prior to incorporating into the work.

(b) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the

RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the

Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions and shall incorporate them into the as- built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

H.19 SUBCONTRACTING PLAN

If the offeror proposing on this solicitation is a large business concern, in accordance with the definition as identified in FAR Clause 52.219-1, “Small Business Program Representations (OCT 2014)”, the firm must submit a small business subcontracting plan in accordance with FAR Clause 52.219-9 “Small Business Subcontracting Plan”. See Section I of the solicitation for the full FAR Clause. Only offerors selected for advancement to Phase II shall submit Small Business Subcontracting Plans with Phase II Proposals. The USCG small business goals for FY 2019 are as follows:

Category FY 19 Goals

SB Prime 37.5%

8(a) Prime 5.0%

Non-8(a) SDB Prime 5.0%

Overall SDB Prime 10.0%

HUBZone Prime 3.0%

SDVOSB Prime 3.0%

WOSB Prime 5.0%

SB Sub 42.0%

SDB Sub 5.0%

HUBZone Sub 3.0%

SDVOSB Sub 3.0%

WOSB Sub 5.0%

H.20 ENGLISH

All communications, written, and oral between the contractor and the Government in connection with this contract shall be in the English Language, and any system of dimensions (English or Metric) shown shall be consistent with that used in the contract

H.21 CENTRALIZED INVOICE SUBMITTAL PROCEDURES

The following Centralized Invoice Submittal Procedures are being incorporated into this contract:

(a) Invoices shall be prepared and submitted in accordance with the provision of FAR

52.232-27, “Prompt Payment for Construction Contracts.”

(b) Each invoice shall contain the following information:

(1) Contract Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: FDCCLANT

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757) 523-6900

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist and/or COR at the addresses cited below:

Contracting Officer : Cheryl P. Allen Contracting Officer Representative : LCDR Jared England

(g) Original Payrolls and submittals shall be mailed to the Contracting Officer with copies mailed to the Contracting Officer Representative cited above:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(h) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(4) Payment inquiries and status may be obtained - at the following website:

https://www.finc…