70Z04721RNMACC03_SOL.pdf

Department of Homeland Security

United States Coast Guard

This is a Request for Proposal

OCTOBER 27 2022

INDEFINITE DELIVERY/INDEFINITE QUANTITY

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT

(NMACC III)

SOLICITATION No.: 70Z04721RNMACC03

70Z04721RNMACC03

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the Coast Guard 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 General Accounting Office

(GAO).

Interested parties are encouraged to seek resolution of their concerns within 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 the concerns, the interested parties are encouraged to contact the Coast 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 either to 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 at 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 to pamela.j.argilan@uscg.mil 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 protestor agrees not to file a protest with the GAO or other external forum. If the protest is file with an external forum, the agency protest will be dismissed.

mailto:opap@uscg.mil mailto:vivienne.e.moore@uscg.mil

SECTION A: SOLICITATION/CONTRACT FORM

SOLICITATION TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION / CONTRACT FORM 4

B SUPPLIES OR SERVICES AND PRICES/COSTS 5

C DESCRIPTION/SPECS/WORK STATEMENT 11

D PACKAGING AND MARKING 20

E

INSPECTION AND ACCEPTANCE 21

F DELIVERIES OR PERFORMANCE 24

G CONTRACT ADMINISTRATION DATA 26

H

SPECIAL CONTRACT REQUIREMENTS 28

PART II – CONTRACT CLAUSES

I

CONTRACT CLAUSES 38

PART III – LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 78

PART IV – REPRESENTATIONS AND

INSTRUCTIONS

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER

STATEMENTS OF OFFERORS

L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFEROR

M EVALUATION FACTORS FOR AWARD 112

Section B - Supplies or Services and Prices/Costs

ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT

QUANTITY

BASE Base Period Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

FOB: Destination

Y1AA

NET MAX AMOUNT

OPTION Option 1 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 2 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 3 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 4 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 5 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT

OPTION Option 6 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 7 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 8 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

OPTION Option 9 Ordering Period - 12 Months

FFP

The Contractor must provide all management, labor, material, resources, equipment, transportation, supervision, and architect-engineer services (as required) to accomplish construction projects issued under the NMACC III. This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work performed and the time of such performance is determined by the Contracting Officer, who issues written task orders to the Contractor for work.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $4,000,000,000

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 $1.00 $4,000,000,000

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

CLIN QUANTITY AMOUNT QUANTITY AMOUNT

0002 $1.00 $4,000,000,000

Section C – Description/Specifications/Work Statement

TABLE OF CONTENTS

C.1 GENERAL

C.2 STATEMENT OF WORK

C.3 APPLICABLE PUBLICATIONS

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS …………………………. 15

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ………………… 15

ADMINISTRATION (OSHA) REGULATIONS …

(c) U.S. DEPARTMENT OF TRANSPORTATION REGULATIONS U.S. COAST GUARD

COMMANDANT INSTRUCTIONS (COMDTINSTs) ……………………………………………… 15

(d) U.S. COAST GUARD COMMANDANT INSTRUCTIONS (COMDTINSTs) …………………….. 16

(e) ADDITIONAL PUBLICATIONS …………………………………………………………………… 16

C.4 REFERENCE STATUES

C.5 TABLE 1- ACRONYMS AND ABBREVIATIONS

It is the Government’s intention to award three separate contract pools as part of this multiple award contract.

This solicitation is to solicit and award the Pool #1:

UNRESTRICTED POOL (FULL AND OPEN) ONLY.

Section C – Description/Specifications/Work Statement

C.1 GENERAL

The U.S. Coast Guard (USCG), Shore Infrastructure Logistics Center (SILC) Construction Contracting Office, is procuring a suite of three Indefinite Delivery Indefinite Quantity (IDIQ) National Multiple Award Construction Contracts (NMACC III) to perform construction services with three distinct pools basis. The work acquired under this contract is for construction services of government facilities at various locations within Department of Homeland (DHS) area of responsibility, including but not limited to, locations in any of the 50 United States, Puerto Rico, Guam and the U.S. Territories.

This is a DHS enterprise-wide non-mandatory contract vehicle. The majority of the construction work applied to this contract will be performed for the United States Coast Guard (USCG), but will be available on a non-mandatory, enterprise-wide basis to all DHS Directorates and Components. The DHS Components include:

United States Citizen and Immigration Services (USCIS), United States Customs and Border Protection (CBP), United States Coast Guard (USCG), Federal Emergency and Management Agency (FEMA), Federal Law Enforcement Training Center (FLETC), United States Immigration and Customs Enforcement (ICE), Transportation Security Administration (TSA), and United States Secret Service (USSS).

NMACC III will be comprised of three distinct contractor pools procured under this single solicitation. The three separate and distinct NMACC III pools include one (1) Unrestricted Pool (Full and Open), and two (2) Small Business Pools (Reserves). Each of the three multiple-award IDIQ contract pools will be designed to include up to approximately eight (8) individual contracts (individual contractors). The combined aggregate capacity for ALL contract pools is $4 Billion, and there will be no annual limits or limits on a “per contract basis.” The completion date for the NMACC III basic contract, for each pool, is one (1) year from the date of contract award with nine (9) one-year option periods, as described below.

The contract is not intended for use where there are existing contracts that provide more efficient mechanisms or where a stand-alone procurement might provide more competition from specialty contractors. The type of projects that this contract is not intended to support include: projects for non-construction response to declared emergencies, large single-trade projects such as clearing sites or building temporary roads, or extensive multi-year construction programs such as any future large scale border protection initiatives. Additionally, the contract shall not be used as a mechanism to achieve facility design without associated construction conducted using the design-build delivery method.

The NMACC III will support primarily Design-Build (DB), but may include Design-Bid-Build (DBB), or performance-based construction delivery methods provide new facilities and large capital improvement renovations to existing facilities. Design-Build is the most specialized of the three and will be the primary method utilized.

General construction services include new construction, marine construction, demolition, renovation, alteration, repair, restoration, systems and infrastructure for land, shore and coastal type projects and may include civil, architecture, structural, mechanical, electrical, fire protection, and communication systems.

Projects may include, but are not limited to: new construction, renovation, marine construction (piers, wharfs, vessel shore ties, etc.), demolition, alteration, repair, historical restoration, building system installations, and infrastructure systems. Major elements of the work may include civil, structural, mechanical, electrical, fire protection, and communication systems. Facilities may include housing, dining halls, office and classroom buildings, multi-mission station buildings, off-shore structures, electronics and research buildings, aviation and fuel facilities, utilities distribution systems, hospitals and medical complexes, recreation and morale facilities, hangars, roads, and waterfront structures.

Types of facilities may include, but are not limited to waterfront and harbor structures (piers, wharves, vessel shore ties, etc.), housing, aviation and aviation fuel facilities, hospital and medical complexes, dormitory and lodging, dining halls and food services, administrative, schools/training/education personnel support, multi-mission station buildings, off-shore structures, electronic and research buildings, industrial, maintenance, warehouses, hangars, communications, recreational and morale facilities, training areas/ranges, Incidental work with specialty trades includes Mechanical/Electrical/Plumbing (MEP) systems including Heating Ventilating and Air Conditioning (HVAC), boilers, utility distribution, high pressure steam distribution, electrical distribution, motors, generators, potable water distribution, sanitary sewer, storm water control, communications, removal and/or disposal of asbestos, lead or POL (Petroleum, Oil, Lubricant) contaminated materials.

The USCG Shore Infrastructure Logistics Center, Construction Contracting Division (SILC CON) Facilities Design and Construction Center (FDCC) is the USCG Command that is the dedicated execution agent for all capital improvement facility requirements within USCG and will exclusively serve as the administer of this contract and construction management for all USCG issued projects. Other DHS Components with similar capital improvement facility requirements may also use this contract vehicle.

C.2 CONTRACT POOL STRUCTURE

NMACC III will be comprised of three distinct contractor pools procured under this single solicitation. The three separate and distinct NMACC III pools include One (1) Unrestricted Pool (Full and Open), and two (2) Small Business Pools (Reserves). The Unrestricted Pool (Full and Open) will service construction projects across the entire DHS AOR. The two small business pools will be dedicated to provide construction services on smaller construction projects, with one pool primarily servicing the U.S. Atlantic Region; and a secondpool primarily servicing the U.S. Pacific Region. The three pool structures are described below. Each of the three multiple-award IDIQ contract pools will be designed to include up to approximately eight (8) individual contracts (individual contractors).

The completion date for the NMACC III basic contract, for each pool, is one (1) year from the date of contract award with nine (9) one-year option periods, as described below. The total ten-year (base and nine one-year options) estimated construction cost for all contracts is not to exceed $4 Billion for the life of the contract (aggregate across all three pools outlined below). Projects for the NMACC III have an estimated construction cost between $8M and $150M; however, smaller and larger dollar value projects may be considered at the discretion of the USCG Contracting Officer. DHS wide ordering authority will be made available to those components with appropriate warrants and qualified technical capabilities.

NMACC III CONTRACT POOLS:

POOL #1: NMACC III UNRESTRICTED POOL |

This Unrestricted Pool (Full and Open) will service the entire USCG/DHS contract area of responsibility (AOR) for large construction projects.

POOL #2: NMACC III SMALL BUSINESS POOL EAST |

This pool will consist of selected small businesses that will be eligible to compete for small Construction projects that cover the USCG/DHS AOR (AL, AR, CT, DE, FL, GA, IA, IL, IN, KY, LA, MA, MD, ME, MI, MN, MO, MS, NC, NH, NJ, NY, OH, PA, RI, SC, TN, VA, VT, WI, WV, including Puerto Rico, Caribbean and U.S. Atlantic Territories)

POOL #3: NMACC III SMALL BUSINESS POOL WEST |

This pool will consist of selected small businesses that will be eligible to compete for small construction projects that cover the USCG/DHS AOR (AK, AZ, CA, CO, HI, ID, KS, MT, ND, NE, NM, NV, OK, OR, SD, TX, UT, WA, WY including Guam and U.S. Pacific Territories)

Pool Structure AOR Map is depicted below:

All NMACC III contract pools will be procured, awarded and administered by USCG SILC Construction. After contract award, ordering authority and ordering procedures will be provided to all DHS components. Ordering authority will be available to any Department of Homeland Security component with appropriate warrant authority.

Each pool procurement will be performed with a two-phase / trade-off strategy approach and separate distinct prescribed phase I and phase II proposal due dates. Offerors will submit a separate proposal for each NMACC III pool of interest. The terms and ordering procedures of each contract will be uniform among the contracts, in a manner to promote a standardized method of delivery. Also, the evaluation factors for each pool, will be uniform in nature but may vary in detail. A single source selection authority will take responsibility for all contract awards that stem from the solicitation, to include appointing a single source selection team which will evaluate each of the three pools. Pre-proposal inquiries (PPI’s) will be reviewed programmatically and any amendments will be issued to the solicitation as required. Each pool award decision will be considered a separate source selection. The Government guarantees a $10,000 award amount (a minimum guarantee) to each successful offeror over the full term of the contract, including all option years. This minimum guarantee will be obligated as a task order to each awardee, then it will be de-obligated, at the point the offeror has received their first task order contract award.

After award of the initial contract pool and the "seed" project, the selected IDIQ contractor pool will compete for future task orders that are applied to the respective pool. Only the selected NMACC III IDIQ contractor pool is permitted to compete for each task order announcement (TOA) or task order request for proposal (RFP). The TOA/RFP for each proposed task order will state the selection method for that task order utilizing the Fair Opportunity process.

C.3 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.

(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 Abatement Program 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 (PCB) 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 CFR 1926.62 Lead 29 CFR 1926.1101 Asbestos 29 CFR 1926.501-503 Fall Protection

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

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

(d) U.S. COAST GUARD COMMANDANT INSTRUCTIONS (COMDTINSTs)

COMDTINST M6260.16 U.S. Coast Guard Asbestos Exposure Control Manual

COMDTINST M5100.47 U.S. Coast Guard Safety and Environmental Health Manual

COMDTINST M11000.4 (series) U.S. Coast Guard Tower Manual

(e) ADDITIONAL PUBLICATIONS

AMERICAN NATIONAL STANDARDS

INSTITUTE (ANSI):

Z359 Series Fall Protection Code, Version 2 (Z359.0-2007, Z359.1-2007, Z359.2-2007, Z359.3-2007, Z359.4-2007, Z359.6-2009, Z359.12-2009, Z359.13-2009, Z359.14-2012, and historical Z359.1-1992 (R1999)

AMERICAN SOCIETY OF TESTING

MATERIALS (ASTM):

1. A780/A780M Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dipped Galvanized Coatings

2. D5064-07 Standard Practice for Conducting a Patch Test to Assess Coating Compatibility

3. D5064-07 Standard Practice for Conducting a Patch Test to Assess Coating Compatibility

4. D6386 Standard Practice for Preparation of Zinc (Hot-Dip Galvanized) Coated Iron and Steel Product and Hardware Surfaces for Painting

STEEL STRUCTURES PAINTING COUNCIL

(SSPC):

1. SP 1-06, Solvent Clean

2. SP 2-06, Joint Surface Preparation Standard:

Hand Tool Cleaning

3. SP 3-06, Joint Surface Preparation Standard:

Power Tool Cleaning

4. SP 11-06, Power Tool Cleaning to Bare Metal

NATIONAL FIRE PROTECTION

ASSOCIATION

National Electrical Code

C.4 REFERENCE STATUTES

REFERENCE STATUTES

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

o Clean Air Act (CAA) (42 U.S.C.7401 to 7642) o Clean Water Act (33 U.S.C. 1251 to 1387) o Safe Drinking Water Act (SDWA) o Coastal Zone Management Act (CZMA) o Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) (42 U.S.C. 9601 to 9675) o Emergency Planning and Right-to-Know Act (EPCRA) o Endangered Species Act (ESA) o Energy Independence and Security Act of 2007 (EISA) o Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 to 139y) o National Historic Preservation Act (NHPA) o Noise Control Act (NCA) (42 U.S.C. 4901 to 4918) o Pollution Prevention Act (PPA) - (42 U.S.C. 13101 to 13109) o Residential Lead-Based Paint Exposure Reduction Act (15 U.S.C. 2681 to 2692) o Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 to 6991i) o Solid Waste Disposal Act (SWDA) - (42 U.S.C. 6901 to 6991i) o Toxic Substance Control Act (TSCA) (15 U.S.C. 2601 to 2654)

C.5 TABLE 1 ACRONYMS AND ABBREVIATIONS

USCG COMMONLY USED

FACILITIES DESIGN AND CONSTRUCTION CENTER (FDCC)

ACRONYMS AND ABBREVIATIONS

Table 1. ACRONYMS AND ABBREVIATIONS

ACRONYM

DESCRIPTION

A/E Architect-Engineering Firm (Writes bridging documents used in RFP) AFC Allotment Fund Control (Funding type) APFS Acquisition Planning Forecast System ARCH Architect BOD Basis of Design CCD Contract Completion Date CCSS Construction Contract Support Services CDR Customer Design Review CGAP Coast Guard Acquisition Procedures CE Civil Engineer CEU Civil Engineering Unit CI Contract Inspector On-site contracted Inspector working for FDCC CMR Contract Modification Request (within scope modifications only; out of scope modifications will require a separate RFP IAW CE Manual) COCO Chief Of Contracting Office COR FDCC Contracting Officer's Representative CPARS Contractor Performance Reporting System CO Commanding Officer

CPM FDCC Construction Project Manager CS Contract Specialist D-B Design-Build D&F Determination & Findings DET Detachment DCR Design Clarification Request to the Government clarifying contract/RFP requirements (Post Award) DOR Contractor's Design Engineer of Record and central point of contact for all design issues and questions DP FDCC Director of Projects DPM FDCC Design Project Manager DPS Design Performance Schedule (KR’s Design schedule only) EE Electrical Engineer EPS Environmental Protection Specialist FAM Facility Asset Manager FDCC Facilities Design and Construction Center FE Facility Engineer FOIA Freedom of Information Act FPD Financial Procurement Desktop FPDS-NG Federal Procurement Data System – Next Generation FSS Field Support Services HSAR Homeland Security Acquisition Regulation HSAM Homeland Security Acquisition Manual IGE Independent Government Estimate JO Junior Officer JOTFOC/J&A Justification for Other than Full and Open Competition / Justification and Approval KO Contracting Officer KR Contractor LD Liquidated Damages LS Land Surveyor MASI Major Acquisition Systems Infrastructure ME Mechanical Engineer NEPA National Environmental Policy Act NMACC National Multiple Award Construction Contract OE Operating Expenses (Funding type) O&M Operation and Maintenance PC&I Procurement Construction & Improvement (Funding type) PDR Preliminary Design Review PE Professional Engineer PEB Project Execution Branch (both Norfolk and Seattle, head by GS-14 TD) PED Project Design Section (Norfolk only) PES Project Execution Section (Norfolk only) PM FDCC Project Manager PMDS Real Property Project Management Data Sheet PMS Preventative Maintenance System PNM Pre Negotiation Memorandum/Post Negotiation Memorandum PP Planning Proposal PPIRS Past Performance Information Retrieval System PPR Project Proposal Report PR Purchase request (funding request document) PRV Plant Replacement Number DPS and is the Baseline for the contract performance) P&M Planning and Management QAM Contractor's Quality Assurance Manager

REA Request for Equitable Adjustment RFI Request for Information sent internally between Construction Contractor and the

Contractors DOR clarifying design RFP Request For Proposal (Pre-Award) RFQ Request for Quotation RMACC Regional Multiple Award Construction Contract RPAS Real Property Accountability Specialist RPFM Real Property Facility Number RPUID Real Property Unit Identification SADBU Small And Disadvantaged Business Utilization SILC Shore Infrastructure Logistics Center SE Structural Engineer SSA Source Selection Authority SSP Source Selection Plan SOW Scope of Work TA Technical Analysis TEB Technical Evaluation Board TD FDCC Technical Director TOA Task Order Announcement VECP Value Engineering Change Proposal XO Executive Officer

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 U.S. 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.

Section E – Inspection and Acceptance

CLAUSES

E.1 DAILY REPORT REQUIREMENT

E.2 FINAL INSPECTION

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT

BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection Of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, Or Removal Of Improvements (AUG 2016)

E.1 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report" for each day of contract performance.

Description must include task order numbers and work being performed. These reports shall be delivered to, or if directed, mailed to the Contracting Officer’s Representative (COR) on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.2 FINAL INSPECTION

a. Contractor Self-Inspection. Prior to the completion date of each task order, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

b. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List.

Any discrepancies noted will be corrected prior to any final inspection. The Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

c. When the Contractor is ready for final inspection, he will request final inspection in writing to the Contracting Officer and Contracting Officer’s Representative. A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 2 weeks before the desired date.

d. The final inspection shall be performed with the Contractor by the COR, KO, Safety Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in each task order for the completion of work.

e. Prior to close-out and final payment of each task order, the following are required:

1. All submittals. To be submitted as required by each task order and may include product submittals, as-built drawings, manuals, etc.

2. All warranties. To be submitted with the request for Final Inspection.

3. Contractor’s Release: To be submitted with the Contractor’s final invoice.

Section F - Deliveries or Performance

CLAUSES

F.1 CONTINUITY OF FACILITIES OPERATION

CLAUSES INCORPORATED BY REFERENCE

52.211-10 Commencement, Prosecution, And Completion Of Work APR 1984 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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 [Specified at the Task Order Level]* 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.

* IAW FAR 11.503(b), if the contract specifies more than one completion date for separate parts or stages of the work, revise paragraph (a) of the clause to state the amount of liquidated damages for delay of each separate part or stage of the work.

(End of clause)

F.1 CONTINUITY OF FACILITIES OPERATION

Schedule work to minimize interference with any on-site housing residents and the facilities normal operations.

Notify the Contracting Officer and Project Manager 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

Section G – Contract Administration Data

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING

G.3 ADDRESS OF CORRESPONDENCE

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. CORs will be designated on individual task orders issued under the contract.

G.3 ADDRESS OF CORRESPONDENCE

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

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

U.S. Coast Guard Facilities Design and Construction Center

5505 Robin Hood Rd., Suite K Norfolk, Virginia 23513

Phone Number: (757) 852-3400

FAX: (757) 852-3495

Email: SILC-NMACCIII@uscg.mil

NOTE: All correspondence for individual Task Orders shall be addressed to the issuing contracting office and shall include the Contract Number and Task Order Number.

mailto:SILC-NMACCIII@uscg.mil

Section H– Special Contract Requirements

H.1 WORK OUTSIDE REGULAR HOURS

H.2 REQUIRED INSURANCE ………………………………………………………………………………………… 29

H.3 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

H.4 VEHICLE PASSES

H.5 SIGNAL LIGHTS (FOR MARINE WORK ONLY) ………………………………………………………………. 30

H.6 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

H.7 MISPLACED MATERIAL (FOR MARINE WORK ONLY)

H.8 WAGE RATES

H.9 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

H.10 SUBCONTRACT DATA

H.11 CONTRACTOR SECURITY REQUIREMENTS ………………………………………………………………. 32

H.12 REAL ID ACT OF 2005 …………………………………………………………………………………………. 32

H.13 TEMPORARY FACILITIES …………………………………………………………………………………….. 32

H.14 EXISITING UITLITIES ………………………………………………………………………………………….. 32

H.15 DESIGN-BUILD CONTRACT – ORDER OF PRECENDENCE ………………………………………………. 33

H.16 SEQUENCE OF DESIGN-CONSTRUCTION ……………………………………………………………

H.17 CONSTRUCTOR’S ROLE DURING DESIGN ……………………………………………………………

H.18 DEVIATION FROM THE ACCEPTED DESIGN

H.19 ORDERING OFFICES & TYPICAL ORDERING PROCESS

H.20 CONSTRUCTION PROJECT TABLE…………………………………………………………………………... 35

H.21 CENTRALIZED INVOICE SUBMITTAL

H.22 ENGLISH

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, they shall apply, in writing, to the Contracting Officer no less than 10 calendar days or as identified in the task order 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.

H.2 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of performance consistent with FAR 52.228-5, HSAR 3052.228-70, and FAR 28.306, which 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 HARBOR WORKER’S COMPENSATION ACT (33 U.S.C. 901) MAY

BE APPLICABLE.

ATTENTION OFFEROR: The Design-Build Contractor's attention is invited to review the contract requirements concerning design responsibility which vest in the Contractor complete responsibility for the professional quality, technical accuracy, and coordination of all design, drawings, specifications and other work or materials furnished by his in-house or consultant forces. The Design-Build Contractor must correct and revise any errors or deficiencies in his work, notwithstanding any review, approval, acceptance or payment by the Government. The Contractor must correct and change any work resulting from his defective design at no additional cost to the Government. The requirements further stipulate that the Design-Build Contractor shall be liable to the Government for the damages to the Government caused by negligent performance. Though not a mandatory requirement, this is to recommend that the Design-Build Contractor investigate and obtain appropriate insurance coverage for such liability protection, when applicable. FURTHER NOTE: The Government reserves the right to specify requirements for professional liability insurance on a task order basis.

H.3 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.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 SIGNAL LIGHTS (FOR MARINE WORK ONLY)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army and the Commandant, U.S. Coast Guard.

H.6 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractors 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 a Task order, 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.7 MISPLACED MATERIAL (FOR MARINE WORK ONLY)

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Section 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C.

410 et seq).

H.8 WAGE RATES

Applicable Construction Wage Rate Requirements are in effect at the time of issuance of a Task Order and will apply. Contractors will be provided with the wage determination prior to issuance of a task order for pricing purposes. 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.9 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.10 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.