DRAFTONLYNMACCIIISOLICITATIONDRAFT06162022.pdf

Department of Homeland Security

United States Coast Guard

This is NOT A Request for Proposal

INDEFINITE DELIVERY/INDEFINITE QUANTITY

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT

(NMACC III)

DRAFT ONLY SOLICITATION No.: 70Z721RNMACC03

Questions and feedback are requested in response to this draft solicitation using the Attachment A:

Pre-Proposal Template and are due no later than 30 June 2022 via email to

SILC-NMACCIII@USCG.MIL The government may or may not formally respond to questions received in response to this draft solicitation. We will use the questions and comments to further refine the final solicitation.

We appreciate your feedback.

mailto:SILC-NMACCIII@USCG.MIL

70Z721RNMACC03

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 vivienne.e.moore@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

RESERVED

SF1442 SECOND PAGE

SECTION A: SOLICITATION/CONTRACT FORM

SOLICITATION TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION / CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

C DESCRIPTION/SPECS/WORK STATEMENT

D PACKAGING AND MARKING

E

INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

H

SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

I

CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

J LIST OF ATTACHMENTS

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

This DRAFT solicitation is for the POOL #1 UNRESTRICTED POOL (FULL AND OPEN) ONLY

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

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

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

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

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

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

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

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

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

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

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

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

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

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$1.00 $150,000,000

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 $1.00 $4,000,000,000,000

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 ……………………………….

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

ADMINISTRATION (OSHA) REGULATIONS ………………………………………………………….

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

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

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

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

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 draft is to solicit and award the Pool #1:

UNRESTRICTED POOL (FULL AND OPEN) ONLY.

Section C – Description/Specifications/Work Statement

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT III (NMACC III)

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) Regional 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.

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).

The NMACC III will support primarily Design-Build (DB), but may include Design-Bid-Build (DBB), or performance-based construction delivery methods. Design-Build is the most specialized of the three and will be the primary method utilized. General construction services includes 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, 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, housing, 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, aviation and aviation fuel facilities, hospital and medical complexes, industrial, maintenance, warehouses, hangars, communications, recreational and morale facilities, training areas/ranges, waterfront and harbor structures, piers, wharves, vessel shore ties, etc. 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 STATEMENT OF WORK

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT II (NMACC III)

This is a DHS enterprise-wide non-mandatory contract vehicle. The selected contractor(s) will provide all management, labor, supervision, engineering, design, materials, equipment, tools, parts, supplies, and transportation to perform all of the services described in the plans, specifications and drawings provided for each individual project task order.

The intent of the contract is to provide new facilities and large capital improvement renovations to existing facilities.

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 completion date for the NMACC III basic contract is one (1) year from the date of contract award with nine (9) one-year option periods as executed by each pool 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 to include all three pools outlined below; irrespective of the respective pool contract start date. Projects for the NMACC III have an estimated construction cost between $8M and $100M; 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; and are to be carried out in accordance with the NMACC III Task Order Guide.

The contract will be comprised of three distinct contractor pools, as follows: One (1) Unrestricted Pool (Full and

Open), and two (2) Small Business Pools (Reserves). The Unrestricted Pool (Full and Open) will service construction projects the entire DHS AOR. The two small business pools would be dedicated to provide construction services to smaller construction projects, with one pool primarily servicing the U.S. Atlantic Region;

and a second one primarily servicing the U.S. Pacific Region. Each of the three multiple-award IDIQ contract pools will be designed to include up to seven (7) individual contracts (individual contractors). The three pool structures are as follows:

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

(MN, IA, MO, AR, LA WI, IL, MS, IN, MI, KY, TN, MS, AL, FL, GA, SC, NC, VA, WV, OH, PA, MD, DE, NJ, CT, RI, NY, MA, VT, ME, NH, MA, 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

(ND, SD, NE, KS, OK, TX, MT, WY, CO, NM, AZ, UT, ID, NV, CA, OR, WA, HI, AK including Guam and U.S. Pacific

Territories)

Pool Structure AOR Map is depicted below:

All contract awards will be based on this single solicitation. The solicitation includes the procuring of three separate distinct NMACC III pools; each 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 but vary in detail. A single source selection authority will take responsibility for all contract awards that stem from the solicitation; but, separate source selection teams will be formed to 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

$10,000,000 award amount (a minimum guarantee) to each successful offeror over the full term of the contract, including all option years. This minimum guarantee will 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 request for proposal (RFP) in accordance with ordering procedures detailed in the ordering guide. The RFP for each proposed task order will state the selection method for that task order utilizing the Fair Opportunity process.

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.

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.”

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)

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)

AC&I Acquisition Construction & Improvement (Funding type)

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

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

E.1 DAILY REPORT REQUIREMENT

E.2 FINAL INSPECTION

CLAUSES

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

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 48 hours before the desired date 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.

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price (AUG 1996)

52.246-4 Inspection Of Services – Fixed Price (AUG 1996)

52.246-12 Inspection Of Construction (AUG 1996)

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

52.246-16 Responsibility For Supplies (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of clause)

Section F - Deliveries or Performance

F.1 CONTINUITY OF FACILITIES OPERATION

CLAUSES

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.

52.211-13 Time Extensions SEP 2000

52.211-16 Variation in Quantity APR 1984

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

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 (20% for construction; 15% for housing; 25% if special trade contractor) 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 the advantage of the Government.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within [Specified at the Task Order

Level] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than [Specified at the Task Order Level]* or, after Notice to

Proceed, the calendar date specified in Section F – Deliveries or Performance. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the Notice to

Proceed, or a calendar date for each task order issued.

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.

Section G – Contract Administration Data

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING

G.3 ADDRESS OF CORRESPONDENCE

Clauses

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: (XXX) XXX-XXX

FAX: (XXX) XXX-XXX

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.

52.232-9 Limitation On Withholding Of Payment APR 1984

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018

Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

mailto:SILC-NMACCIII@uscg.mil

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the

Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full.

However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the

Contracting Officer may retain from previously withheld funds and future progress payments that amount the

Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds

(including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after--

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts.