Task Order Announcement Station Siuslaw Correct Shore Erosion.pdf

FACILITIES DESIGN AND CONSTRUCTION CENTER

915 2nd Ave, Room 2664 Seattle, WA 98174

Gabriel D. Perez, Senior Field Contracting Officer Gabriel.D.Perez@uscg.mil

(206) 220-7424

Melvin Tiglao, Contracting Officer Melvin.J.Tiglao@uscg.mil

(206) 220-7438

NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT (NMACC III)

TASK ORDER ANNOUNCEMENT (TOA)

Project # UCGC4P1547 / 13-5067032 Solicitation # 70Z05024R43000003

Design/Build Construction to Correct Shoreline Erosion at

USCG Station Siuslaw River Florence, Oregon

TOA ISSUE DATE: May 29, 2024

QUESTIONS DUE: June 18, 2024

PRICE PROPOSALS DUE: June 28, 2024

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

How do I file an agency protest?

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 Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest 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, the protester may file a formal agency protest with the contracting officer or 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 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. If the protester fails to submit the required information, as outlined in Federal Acquisition Regulation (FAR) 33.103, 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).

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil

TASK ORDER ANNOUNCEMENT # 70Z05024R43000003 IS ISSUED ONLY TO THOSE

OFFERORS UNDER THE NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT

(NMACC III) INDEFINITE

DELIVERY/INDEFINITE QUANTITY (IDIQ)

I. GENERAL REQUIREMENTS

Title: Correct Shoreline Erosion at USCG Station Siuslaw

Location of the work: U.S. Coast Guard Station Siuslaw, Florence, Oregon

Project Number: # 2719127 / UCGC4P1547 / 13-5067032

Specifications: USCG Siuslaw Specs Final 2024.04.16

RFP Drawings:

1. USCG Siuslaw FINAL Drawings 2024.04.16

2. USCG Siuslaw Drawings 100% Wall Plan

3. USCG Siuslaw Specs Final 2024.04.16

Wage Determinations: OR20240057 Modification No. 5 dated April 26, 2024 (Heavy) (provided in electronic format via .SAM.GOV)

Disclosure of Magnitude: Approximately $4.8 Million 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 construction costs will be subject to the funds available for this project. The contract price limitation for contract award is approximately $4,800,000.00. 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: This project Design/Build Construction to Correct Shoreline Erosion at the U.S.

Coast Guard Station Siuslaw River in Florence Oregon, requires construction of a sheet pile shoreline erosion wall, upper retaining wall at parking area, various grading and utilities, temporary removal and reinstallation of a portion of an existing-to-remain bridgeway, demolition of guide piles for exterior floating dock, provide new guide piles for exterior floating dock, supplementary piles at existing-to-remain bridgeway, and incidental related work.

BASE ITEM:

Provide shore erosion wall and base site civil improvements, excluding site grading and upper retaining wall area described in Option 1 and Option 2. Temporarily remove and re-install eastern span of bridge, to allow installation of shore erosion wall. See documents for more detail.

OPTION ITEMS:

Note: Option 1 or Option 2 will be awarded with the Base Item for a complete and useable requirement.

OPTION 1: UPPER RETAINING WALL

Provide upper retaining wall as shown and described as “UPPER RETAINNG WALL”.

OPTION 2: NO UPPER RETAINING WALL

Provide site grading and no upper retaining wall as shown on plans and described as “NO UPPER

RETAINING WALL”.

OPTION 3: EXTERIOR FLOATING DOCK GUIDE PILE REPLACEMENT”

Demolish exterior floating dock guide piles and provide new exterior floating dock guide piles.

OPTION 4: SUPPLEMENTAL BRIDGE PILES

Provide new supplementary piles at existing-to-remain bridge.

Method of Evaluation of Options: 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) 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 the total price for the basic requirement together with any option(s) exercised at the time of award.

Performance Period: The contract performance period is 884 calendar days after award of Task Order for the Base Item (and optional items if awarded).

Liquidated Damages: The liquidated damage rate is $1,329.00 per day and will be assessed, if necessary, in accordance with Section F.1 of the base contract, FAR 52.211-12 Liquidated Damages – Construction (SEP 2000).

Insurance/Bonds: Please review Section H.2 of the contract for required insurance requirements and Section I FAR 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) of the contract for performance and payment bond requirements. A bid guarantee is not required for this task order.

Utilities: Refer to appropriate Specification Section.

Basis of Award: This is an order under the Coast Guard’s NMACC III. The Fair Opportunity process outlined in FAR 16.505(b)(1) will be used. The initial proposal must include the offeror's best terms, since the award decision will be based on the information in the initial proposal. The Contracting Officer reserves the right to request a detailed price breakdown or other additional oral or written information from one or more offerors, as required to ensure that all offers have been fairly considered. The Government intends to award a single task order to the offeror whose response, conforming to the Specifications/Drawings, provides the best overall value based on price factors.

Instructions for Submitting Questions Regarding Task Order Announcement: Offerors are requested to review this Task Order Announcement as soon as possible upon receipt. If an offeror has any questions regarding the Task Order Announcement which require an answer from the issuing office, these questions shall be submitted, via email, referencing section and paragraph of Task Order Announcement, to the U.S.

Coast Guard, Facilities Design and Construction Center, Detachment Seattle. Email address to the Contracting Officer is Melvin Tiglao @ Melvin.J.Tiglao@uscg.mil and cc Gabriel Perez @ Gabriel.D.Perez@uscg.mil. Questions shall be received no later than 5:00 PM Pacific Standard Time (PST), Seattle, Washington on Tuesday, June 18, 2024.

All contractors have the option to opt-out of proposal submission. If the contractor decides to optout, the contractor shall submit a statement via email to Melvin Tiglao, Melvin.J.Tiglao@uscg.mil and, cc Gabriel Perez @ Gabriel.D.Perez@uscg.mil and FDCCPROPOSALS@uscg.mil informing the Contracting Officer of the contractor’s intent not to submit a proposal.

PRICE PROPOSAL CLOSING DATE: FRIDAY, JUNE 28, 2024, AT 5:00 P.M. PST, Seattle, Washington. The Price Proposal Form shall be submitted via email to the Contracting Officer, Melvin.J.Tiglao@uscg.mil, cc Gabriel Perez @ Gabriel.D.Perez@uscg.mil and FDCCPROPOSALS@uscg.mil. The contractor shall acknowledge the solicitation and all amendments issued. Signed SF 30s do not count against the page limitations. The maximum file size is 10MB.

PREPROPOSAL CONFERENCE

A preproposal conference will be scheduled on TBD as a virtual meeting before the site visit is held. A general overview of the project, the unique features, and the project phases will be discussed. Questions following the conference shall be submitted to Melvin Tiglao @ Melvin.J.Tiglao@unscg.mil, and cc Gabriel Perez @ Gabriel.D.Perez@uscg.mil.

SITE VISIT

FAR 52.236-27 Site Visit (Construction) Alternate 1 (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 solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled on Thursday, June 6, 2024. Time: TBD

(c) Participants will meet at USCG Station Siuslaw, Florence, Oregon

An amendment to the TOA will be issued to update and clarify the site visit date, site visit information and requirements, and when questions will be due.

AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

Louie Liu 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. A COR letter will be provided to the successful Contractor prior to the start of the awarded Task Order.

A Construction Inspector (to be named) will be the representative of the Contracting Officer for the purpose of inspection of work under the contract. The Contractor is cautioned that in no instance is the Construction Inspector authorized to approve any changes, which will involve the quantity, quality, price, or performance of the contract.

CLAUSES/PROVISIONS

52.204-8 Annual Representations and Certifications (Feb 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (Dec 2023)

(a) Definitions. As used in this clause—

Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment

Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

ANDVIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.217-4 Evaluation of Options Exercised at Time of Contract Award (Jun 1988) 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 the total price for the basic requirement together with any option(s) exercised at the time of award.

52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (May 2014)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of Provision)

INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION:

Contractors are requested to review this Request for Task Order Announcement as soon as possible upon receipt. If a Contractor has any questions regarding the solicitation, these questions shall be submitted in writing via email to the Contracting Officer, Melvin Tiglao referencing the section and paragraph of the solicitation. The cutoff date and time for submitting questions is June 18, 2024 at 5:00 P.M. PST, Seattle, WA. Email address is Melvin.J.Tiglao@uscg.mil and cc Gabriel.D.Perez@uscg.mil and Louie.X.Liu@uscg.mil.

SPECIFIC SUBMISSION INSTRUCTIONS

CLOSING DATE: June 28, 2024 AT 5:00 P.M. PST, SEATTLE, WA.

The completed price proposal form (attached) only shall be submitted to the Contracting Officer via email. Each electronic submission must be less than 10MB; submissions greater than 10MB will not be received due to system limitations. Price 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.

For the purposes of establishing timely receipt of proposals, the email submission for the price proposal must be received by the government prior to the closing date and time identified above.

Failure of a proposal to comply with the specific submission instructions may be grounds for exclusion of the proposal from further consideration.

Price Proposal:

Complete all lines on the Price Proposal Form and submit to the agency / Contracting Officer per the proposal submission instructions.

The completed price proposal forms (attached) shall be submitted in accordance with the proposal submission instructions. Price 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 the submission instructions contained in this task order announcement may be grounds for exclusion of the proposal from further consideration. Therefore, it is imperative that the contractor’s proposed price shall accurately reflect the total of all Base and Option Line Item(s).

Since adequate price competition is anticipated to determine price reasonableness by price comparison, contractors are not required to submit detailed cost or pricing data with their proposals. However, if after review of the price proposals, it is determined that there is not adequate price competition, data other than cost and pricing data may 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 has been offered to all contractors and to also ensure that the price is fair and reasonable.

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). The full text of the Provision is contained under Clauses in the TOA.

II. BASIS OF EVALUTION:

The Government contemplates award of one (1) FFP task order; however, the Government reserves the right to make no award at all. Award will be made to the Contractor proposing the lowest evaluated price.

This is an order under a multiple-award IDIQ contract. The Fair Opportunity process outlined in FAR 16.505(b)(1) will be utilized. The initial proposal must include the Contractor’s best terms, since the award decision will be based solely on the lowest price. The Contracting Officer reserves the right to request a detailed price breakdown or other additional oral or written information from one or more contractors, as required to ensure that a fair opportunity has been offered to all contractors and to ensure that the price is fair and reasonable. Award will only be made after a Government determination that the award can be made within the funds available and after a Contracting Officer determination that the price is fair and reasonable.

The Government intends to award a single task order to the Contractor offering the lowest price.

Price Factor: The total evaluated price shall consist of the combined total of the Base Line Item and those Option Line Items which will be exercised at the time of award.

The Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint.

The price shall be evaluated in accordance with FAR 52.217-4. The Contracting Officer will conduct a price analysis of each price proposal to determine price reasonableness.

PRICE PROPOSAL FORM

Project # UCGC4P1547

Task Order Announcement # 70Z05024R43000003

Provide prices per the following structure. Project scope is divided into Base Item, and Options, as indicated.

Items not noted otherwise in the drawings are contained in the Base Item. See drawings and specifications for more detail. Option 1, or Option 2 will be awarded with the Base Item for a complete and usable requirement.

BASE ITEM:

Provide shore erosion wall and base site civil improvements, excluding site grading and upper retaining wall area described in Option 1 and Option 2. Temporarily remove and re-install eastern span of bridge, to allow installation of shore erosion wall. See documents for more detail.

Total: $__________________

OPTION ITEM 1: UPPER RETAINING WALL

Provide upper retaining wall as shown and described as “UPPER RETAINNG WALL”.

Total: $__________________

OPTION ITEM 2: NO UPPER RETAINING WALL

Provide site grading and no upper retaining wall as shown on plans and described as “NO UPPER

RETAINING WALL”.

Total: $__________________

OPTION ITEM 3: EXTERIOR FLOATING DOCK GUIDE PILE REPLACEMENT”

Demolish exterior floating dock guide piles and provide new exterior floating dock guide piles.

Total: $__________________

OPTION ITEM 4: SUPPLEMENTAL BRIDGE PILES

Provide new supplementary piles at existing-to-remain bridge.

Total: $__________________

BETTERMENT WILL NOT BE ACCEPTED. ALL INNOVATIVE, CREATIVE, OR COST SAVING

PROPOSALS ARE TO BE INCLUDED AS PART OF THE TOTAL PRICE. OFFERORS THAT

INCLUDE LANGUAGE IN THEIR PROPOSALS CONTAINING CONDITIONS MAY BE REJECTED.

TOTAL PRICE: The Total Price shall be deemed to include all costs required for all the specified work to be completed in accordance with the plans and specifications.

TOTAL PRICE (Base Item 1, Option 1, Option 2, Option 3, and Option 4) Options that are exercised, if any, will be exercised at time of award. $__________________

NOTE: The period of performance for completion of all work for the Base and any Option Items awarded under the task order is 884 calendar days.

TASK ORDER ANNOUNCEMENT (TOA)

Project # UCGC4P1547

Solicitation # 70Z05024R43000003

Design/Build Construction to Correct Shoreline Erosion at USCG Station Siuslaw River

AMENDMENTS ACKNOWLEDGED:

Offeror:

Address:

Amendment No. Date Amendment No. Date

Phone:

Email:

Name:

Signed:

Date: