70Z04724RPCNI0001.pdf

SOLICITATION, OFFER,

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF

AND AWARD 70Z04724RPCNI0001

□SEALED BID (IFB)

INVITATION FOR BID 11/14/2023

(Construction, Alteration, or Repair) [8JNEGOTIATED (RFP)

REQUEST FOR PROPOSAL

IMPORTANT - The "offer'' section on the reverse must be fully completed by offerer.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

73001PR240000003 1

6. PROJECT NUMBER

7. ISSUED BY CODE Z73001

73001 FACILITIES DESIGN & CONST CENTER - Command Cadre

FACILITY DESIGN AND CONSTRUCTION CN USCG, 5505 ROBIN

HOOD RD STE K

NORFOLK, VA, 25513, US

8. ADDRESS OFFER TO

9. FOR . I a. NAME INFORMATION CALL: •1 ARGILAN, Ms. PAMELA J I

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

SOLICITATION

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

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

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT (NMACC III) POOL 2 SMALL BUSINESS EAST

11. The contractor shall begin performance within ______ calendar days and complete it within ____ calendar days after receiving

D award, D notice to proceed. This performance period is D mandatory D negotiable. (See

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

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

18)YES □ NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 15 : 3 9

(hour) local time 01/18/2024 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offerer's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee 18] is, D is not required.

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

PAGES

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1 (d)

FACILITIES DESIGN AND CONSTRUCTION CENTER

5505 ROBIN HOOD RD., SUITE K

NORFOLK, VA 23513

NATIONAL MULTIPLE AWARD

CONSTRUCTION CONTRACT (NMACC III)

POOL 2 PHASE II

PHASE II SOLICITATION

70Z04724RPCNI0001

REHABILITATE WATERFRONT MSU USCG CLEVELAND HARBOR

CLEVELAND, OH

Pamela J. Argilan

Senior Contracting Officer Strategic Sourcing

Pamela.j.argilan@uscg.mil and

Barbara Williamson-Garris Contracting Officer

Barbara.l.williamson-garris@uscg.mil

Issued: November 14, 2023

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

(GAO).

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

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

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

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

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

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

I. GENERAL REQUIREMENTS

Title: Rehabilitate Waterfront MSU USCG Cleveland Harbor

Location of the work: U.S. Coast Guard Cleveland Harbor, Cleveland, OH.

Project Number: 09-5092184

Specifications: Project 09-5092184 (provided in electronic format via Contracting Opportunities SAM.gov)

RFP Drawings: Project 09-5092184 (provided in electronic format via SAM.gov)

Appendices: Project 09-5092184 (Various Documents in relation to this project (provided in electronic format via SAM.gov)

Wage Determination: General Decision No. dated /2023 (provided in electronic format via SAM.gov)

Disclosure of Magnitude: The Government requests Offerors notify the Contracting Officer as soon as practicable if they determine the project cannot be accomplished within the below price limitation. The design and construction costs will be subject to the funds available for this project. The contract price limitation for contract award is approximately $14 Million. Contractors are notified that they are under no obligation to approach this ceiling; however, the Government may not be able to make an award if the dollar amount set for this project is exceeded.

Description of the work:

Base Item 0001: The scope includes new waterfront infrastructure, site work, utility work, temporary facilities, demolition, etc. Work includes a new bulkhead, tieback/anchors, fender system, concrete cap, cutter utility shore ties (telecom, electrical, water, & sewer), etc. Repair the floating pier and marine fuel distribution system and bilge water tank. Install new sanitary sewer lines to prevent freezing and sloped for positive flow. Site work includes pavement patching, utility work, lighting, striping, etc. The contractor shall perform the work in accordance with this specification and as shown on the enclosed drawing sheets.

Option Item 0001: The scope includes installing new Portland concrete pavement, striping, signage, and parking stop blocks in the main parking lot and along the waterfront. Demolish the existing pavement. The contractor shall perform the work in accordance with this specification and as shown on the enclosed drawing sheets.

Period of Performance: Seven hundred thirty-two (732) calendar days from award for the Base Item and Option Item.

Method of Evaluation of Options: The following Option Clause shall be included in the task order: FAR 52.217- 5 Evaluation of Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Liquidated Damages: Liquidated damages in the amount of $1,166.00 per day will be assessed, if necessary, in accordance with Section F.2 of the contract for failure to complete the project within the Period of Performance.

Insurance/Bonds: Please review Section H.2 of the contract for insurance requirements, Section I of the contract for bonding requirements and Section L.7 of the Solicitation for Bid Guarantee required for this task order.

Utilities: Refer to appropriate Specification Sections.

Electronic Submission of Payment Requests (FSMS Awards):

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

Mr. Larry White is the Contracting Officer's Representative (COR) 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 above-named person authorized to approve any changes which will involve the quantity, quality, price or performance of the contract.

The Construction Inspector (To Be Determined) will coordinate with the Contracting Officer’s Representative for the purpose of inspection of work under the contract. The Contractor is cautioned that in no instance is the above-named person authorized to approve any changes.

II. CLAUSES – The following clauses pertain to this task order announcement.

52.225-11, Buy American Construction Materials Under Trade Agreements (DEC 2022)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S.

supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item1

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item1

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[ List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. ]

[ Include other applicable supporting information. ]

(End of clause)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FARclause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this Task Order Announcement.

Accordingly, contractors are urged and expected to inspect the site where the work will be performed.

(b) One organized site visit will be scheduled after the release of the Task Order announcement via amendment. Although the site visit IS NOT mandatory, it is highly encouraged that you have your team and any major subcontractors attend the meeting. No other site visits will be allowed.

III. Instructions for Submitting Questions Regarding Phase 2 Proposal: Contractors are requested to review this solicitation as soon as possible upon receipt. If a contractor has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, using the provided spreadsheet, via email to the Contracting Officer, Pamela J. Argilan referencing section and paragraph of the Task Order Announcement. Email addresses are: Pamela.j.argilan@uscg.mil, Barbara.l.williamson-garris@uscg.mil and SMB-SILC-NMACCIII@uscg.mil and all correspondence, questions, or inquiries must be sent to all email addresses Questions shall be received no later than December 20, 2023. Any questions submitted after this date may not be answered.

IV. Proposal Submission Instructions:

Non-Price Proposal - The offeror shall submit information for non-price factors 4 and 5 under Phase II. The offeror shall submit two (2) electronic proposal files with the following formatting:

Non-Price Technical Proposal File:

• Text pages 8 ½ x 11 format

• 10 point, minimum, Times New Roman font on text pages

• Drawings 11x17 inches format

• 9 point, minimum, Times New Roman font on Drawings

Price Proposal File – The offeror shall submit one electronic proposal with the following:

• SF1442

• Price Proposal Form

• Representation in FAR 52.204-24(d)

• Bid Guarantee

The offeror’s proposal must include all data and information required and must be submitted in accordance with these instructions. The offeror shall be compliant with the requirements as stated herein, for non-conformance may result in an unfavorable proposal evaluation.

Phase II proposals shall be submitted electronically using DoD Safe.

Offerors must submit all electronic information (questions, site visit names, proposal submissions) electronically to:

A. Primary point of contact: Ms. Pam Argilan at SILC-NMACCIII@uscg.mil “AND” pamela.j.argilan@uscg.mil

B. Secondary point of contact: Ms. Barbara Williamson-Garris at Barbara.l.williamson-garris@uscg.mil

CLOSING DATE: Submit proposals, via DoDSafe, by Close of Business, Local Norfolk, VA time, on January 18, 2024, 4:30pm to ensure consideration. Proposals submitted after this date may or may not be evaluated at the discretion of the Contracting Officer. The Contracting Officer will consider such factors as whether acceptance will unduly delay award or is necessary to increase competition. The Contracting Officer will also consider when files were uploaded to DoDSafe. Agency close of business is presumed to be 4:30 pm local Norfolk, VA time.

The completed proposal(s) shall be submitted using DoDSafe. The technical and price proposal shall be separate attachments. The Contract Specialist will send an invite to submit through DoDSafe within 48 hours of proposal due date and time. Offerors will be prompted, through a future amendment, to provide a preferred point of contact and email address to be used for the DoDSafe submission. Each electronic submission must be less than 36MB. Proposals must be prepared in accordance with these submission instructions, providing all required information in the format specified. Failure of a proposal to comply with these general submission instructions and the specific submission instructions contained in this task order announcement may be grounds for exclusion of the proposal from further consideration.

The contractor shall be required to respond to its representation in accordance with FAR Provision 52.204-24(d) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021). Contractors ARE required to include their representation in FAR 52.204-24(d) with the submission of their proposal by indicating in a statement that “It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.”

Failure of a proposal to comply with these general submission instructions and the specific submission instructions contained in this task order announcement may be grounds for exclusion of the proposal from further consideration.

V. AWARD ON INITIAL RESPONSES

The Best Value Tradeoff Process outlined in FAR Subpart 15.101-1 will be utilized. OFFERORS ARE

ADVISED THAT AN AWARD MAY BE MADE WITHOUT DISCUSSIONS OR ANY CONTACT

CONCERNING THE PROPOSALS RECEIVED. Therefore, proposals should be submitted initially on the most favorable price and technical terms. The Government does, however, reserve its right to enter into discussions if it is in the best interest of the Government. Offerors should not assume that they will be contacted or afforded the opportunity to qualify, discuss, or revise their proposal. Firms participating in the pre-proposal conference and site visit (if conducted) will not be compensated for their participation.

The Government intends to award one (1) Firm-Fixed-Price (FFP) task order; however, the Government reserves the right to make no award at all.

VI. NON-PRICE FACTORS - The Non-Price Submission shall address the following topics:

Factor 4: SAFETY

Note for JV: the following submittal requirements are required for each entity that is part of the JV. Offeror shall clearly indicate which JV partner will be in charge of the overall Safety program. DART rate shall not be submitted for subcontractors.

a. Submission Requirements: The Offeror shall submit the following information: The Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate for the specified five (5) Calendar Years (CY), as well as a safety narrative, as described further below. For a partnership or joint venture, the Offeror shall submit separate DART rates for the specified five (5) CY for each contractor who is part of the partnership/joint venture; however, only one safety narrative is required. Any fatalities experienced within this 5-year timeframe must be explained in detail, to include root cause and corrective actions.

NOTE: DART and Total Recordable Incident Rate (TRIR) shall not be submitted for subcontractors

1. DART Rate: Submit five (5) previous complete calendar years’ (CY2022, CY2021, CY 2020, CY2019, and CY 2018) worth of data (not an overall average). If the Offeror has no DART rate, for any year, affirmatively state so and explain why.

a. DART cases include injuries or illnesses resulting in death, days away from work, and/or restricted work or transfer to another job days beyond the day of injury/illness.

b. Calculation of DART rate: Multiply the total number of DART cases by 200,000, and then divide by the number of employee labor hours worked.

𝐃𝐀𝐑𝐓 𝐑𝐀𝐓𝐄 =

Number of DART Incidents x 200,000

Total Number of Employee Labor Hours Worked

2. TRIR Rate: Submit five (5) previous complete calendar years’ (CY2022, CY2021, CY 2020, CY2019, and CY 2018) worth of data (not an overall average). If the Offeror has no TRIR rate, for any year, affirmatively state so and explain why.

a. TRIR incidents, according to OSHA, that need to be reported include, but not limited to, Anytime that an employee or worker loses consciousness If an incident causes a worker to take on light-duty, activity restrictions, or the need to be transferred to other work.

If an incident causes a worker to take days away from work.

If the injury requires medical treatment beyond what a first aid kit can address.

If any other work-related health issue is diagnosed by a medical professional

b. Calculation of TRIR rate: Multiply the total number of incidents by 200,000; then divide by the number of employee hours worked in a year.

𝐓𝐑𝐈𝐑 𝐑𝐀𝐓𝐄 =

Number of TRIR Incidents x 200,000

Total Number of Employee Labor Hours Worked in a Year

3. Technical Approach to Safety: Submit a narrative that addresses the following:

a. Describe the Offeror’s approach to implementing and executing a Safety Management System

(SMS) including Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and Health training, to include the standard(s) used to benchmark the SMS.

b. Describe the evaluation of subcontractor’s safety performance in the Offeror’s selection process.

c. Describe the processes of how the Offeror will oversee safety compliance of subcontractors at all levels throughout performance of the contract (to include the Offeror’s own in-house workforce).

d. The Technical Approach to Safety narrative shall be limited to four (4) single-sided pages.

Information beyond the referenced page limit will not be considered.

The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, Contractor Performance Assessment Reporting System (CPARS), etc.

Factor 5 Technical Solution

Subfactor 5.1-Design and Construction Page Limit: Narrative shall be no more than ten (10) single-sided pages. Conceptual Site Design does not count towards page count. Additional narrative incorporated on to the conceptual site plan will not be considered.

Provide a minimum 10% conceptual site design for the work described in the RFP. Indicate the materials, systems, features, and technologies you will employ with the new waterfront (bulkhead, fendering, etc.) and utility systems.

a) Describe the design approach and selection for materials, technologies, and methods. This may include, but not limited to, fendering systems, tie backs/anchor systems, bulkhead piles, corrosion controls, etc.

b) Describe the overall construction strategy, address site challenges such as construction phasing, minimizing impacts to Coast Guard operations, cold-weather climate/wintertime ice cover, poor soil conditions, etc. Provide a construction sequence focusing on time of year restrictions along with how you will mitigate associated risk.

Subfactor 5.2- Subcontractor and Construction Materials Procurement Strategy Page Limit: Narrative shall be no more than six (6) single-sided pages. Teaming agreements or letters of commitment do not count towards page count.

Discuss your team’s subcontracting and material procurement strategic plan. In your discussion, please address all the following:

a) Provide and discuss teaming agreements or letters of commitment with any specialty subcontractors not included in Offeror’s Phase I proposal.

b) Address strategies for procuring and delivery of materials, in particular long lead items such as transformers, electrical shore connections, and sheet piles. Describe how you intend to mitigate these impacts.

c) Provide a critical path schedule highlighting long lead items and methods of working long lead items into the construction plan to minimize delays. This includes utility coordination, see RFP section 01110 paragraph 1.10.

Price Proposal:

The Contractor must submit a complete price proposal form with the technical proposal. Price proposals must be prepared in accordance with the Price Proposal Form. It is imperative that the contractor’s proposed price include the Base Line Items, Option Line Item(s) and the total for all items shown on the attached Price Proposal Form.

Contractors are not required to submit detailed cost or pricing data with their proposals since adequate price competition is anticipated. However, if after review of the price proposals, it is determined that there is not adequate price competition, cost and pricing data will be required. The Contracting Officer reserves the right to require submission of a detailed price breakdown or other additional information from one or more contractors, as required to both ensure that a fair opportunity is offered to all contractors and to also ensure that the price is fair and reasonable.

VI. BASIS OF EVALUATION:

Phase II consists of Factors 4 and 5. Factor 5 (Technical Solution) and Factor 4 (Safety) are approximately equal in importance. Once the seed project evaluation is complete, the evaluation team will consider price along with non-price factors of Phase I and Phase II for the best value determination.

In making the best value award decision, among the offerors advanced into Phase II, the government will consider Factors 1-5 and price. Within Factor 1- Corporate Experience, the two (2) sub-factors are of equal importance. Within Factor 5 –Technical Solution, the two (2) sub-factors are approximately equal in importance. The relative order of importance of the non-price and price evaluation factors is that all the non-price technical factors (Factors 1 - 5) are approximately equal to each other and when combined, are approximately equal to Price.

Non-Price Factor 4: Safety

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors.

The evaluation will collectively consider the DART rate, TRIR rate, Technical Approach to Safety, and other sources of information available to the Government as part of such collective evaluation. The board will evaluate the DART rate to determine if the Offeror has demonstrated a history of safe work practices taking into account any negative or upward trends and extenuating circumstances that impact the rating. The board will evaluate the TRIR rate to determine if the Offeror has demonstrated a history of safety performance and progress.

1. DART Rate: The board will evaluate trends over the last five years considering changes that take it from one risk level (or more) to the next up or down. Negative trends occurring above moderate risk levels require the offeror to provide a detailed explanation that includes any corrective actions taken for improvement.

a. Missing data without an explanation is considered a deficiency.

b. Declining trends that push the risk levels from Moderate Risk (MR) or higher to Low Risk (LR) or Very Low Risk (VLR) would indicate a strength.

c. An increasing DART rate trend could be considered a weakness (i.e. MR or better to High Risk (HR) or Extremely High Risk (EHR)) if an acceptable explanation is not provided for any trends that rise above Moderate.

d. This chart correlates the DART rate to the level of risk:

Risk DART Rate Very Low Risk Less Than 1.0 Low Risk From 1.0 to 1.99 Moderate Risk From 2.0 to 2.99 High Risk From 3.0 to 4.0 Extremely High Risk Greater than 4.0

2. TRIR Rate: The board will evaluate trends over the last five years considering changes that take it from one risk level (or more) to the next up or down. Negative trends occurring above moderate risk levels require the offeror to provide a detailed explanation that includes any corrective actions taken for improvement.

a. Missing data without an explanation is considered a deficiency.

b. Declining trends that push the risk levels from Moderate Risk (MR) or higher to Low Risk (LR) or Very Low Risk (VLR) would indicate a strength.

c. An increasing TRIR rate trend could be considered a weakness (i.e. MR or better to High Risk (HR) or Extremely High Risk (EHR)) if an acceptable explanation is not provided for any trends that rise above Moderate.

d. This chart correlates the TRIR rate to the level of risk:

Risk TRIR Rate Very Low Risk Less Than 0.9 Low Risk From 1.0 to 1.7 Moderate Risk From 1.8 to 2.6 High Risk From 2.7 to 2.9 Extremely High Risk Greater than 3.0

3. The Technical Approach to Safety Narrative. To determine the degree to which the Offeror:

a. Describes a viable SMS that addresses elements; such as Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Describes a methodical process of evaluating subcontractor’s safety performance in their selection process.

c. Describes a logical management plan to hold themselves and their subcontractors accountable for adhering to the safety requirements of the contract.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, Contractor Performance Assessment Reporting System (CPARS), etc.

Non-Price Factor 5: Technical Solution

The contractor’s proposal will be evaluated based upon incorporation of all the specific requirements from the Request for Proposal in response to the submittal requirements for Factor 5 – Technical Solution (including sub-factors 5.1 and 5.2). The contractor’s proposal will also be evaluated based on the contractor’s demonstrated understanding of the design and construction challenges with the site and proposed mitigation plans, chosen materials, systems, technologies and subcontractor and material procurement strategies.

Higher ratings may be given to Contractors that provide a more detailed and thorough explanation of their design approach.

Higher ratings may be given to Contractors that provides a more robust design, which exceeds the minimum requirements stated in the RFP.

Higher ratings may be given to Contractor’s that provide a more detailed and thorough explanation of the construction strategies proposed to address various existing site challenges.

Higher ratings will be given to Contractors who can provide a detailed and logical construction sequencing that clearly addresses ongoing operations, project risks/challenges and mitigation of the risks/challenges.

Higher ratings may also be given to contractors that have previously worked with or who can demonstrate established relationships with specialty subcontractors, local workforces and material suppliers.

Higher ratings may be given to contractors with a well-defined strategic plan for material procurement as well as strategies for addressing various challenges for timely delivery of adequate, quality materials.

Higher ratings may also be given to Contractors that presents a well thought-out critical path schedule that demonstrates mitigation strategies that enable long lead item delivery and utility coordination…