18-B-PAC127_IFB_Solicitation_Rebuild_Marcus_Hook_Range_Lights.docx

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the contracting Officer or by hand delivery to the Contracting Officer.

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

The Ombudsman Hotline telephone number is 202.372.3695.

TO ACCESS THE STANDARD FORM (SF) 1442, DOUBLE-CLICK ON ABOVE ICON. AFTER OBTAINING THE SF 1442, CLOSE THE DOCUMENT AND CONTINUE SCROLLING DOWN FROM THIS POINT TO OBTAIN THE REMAINDER OF THE INVITATION FOR BID (IFB).

YOU MUST RETURN ONE (1) COMPLETE COPY OF THE ENTIRE SOLICITATION PACKAGE (SF-1442, AND SECTIONS B-M, PLUS THE REFERENCE SHEET). PLEASE MAIL YOUR BID TO THE ADDRESS LISTED IN BLOCK 7 OF SF-1442. DO NOT CALL TO INQUIRE IF YOUR BID HAS BEEN RECEIVED AS THIS INFORMATION WILL NOT BE RELEASED.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Base Bid: Provide all labor, materials equipment, transportation and supervision required for Rebuild Marcus Hook Range Rear Lights at U.S. Coast Guard Aids to Navigation Team Philadelphia, Philadelphia, PA.

Base Bid: $_____________________________________

(Please insert the bid amount in block 17, SF-1442, page 2).

Note: The bid must include taxes. No tax exemption certificate will be issued.

All work shall be performed in accordance with the Specification entitled “Rebuild Marcus Hook Range Rear Lights at U.S. Coast Guard Aids to Navigation Team Philadelphia, Philadelphia, PA; USCG Construction Drawings 8392-D, Sheets 1 thru 22 of 22. Reference Documents: C8392 Delaware DNR Permit Wetlands and Subaqueous Lands Section SP-137/17, date 9/11/2017, and C8392 NMFS Biological Opinion dated 11/27/17.

Note: The contractor is required to provide the following information with their offer:

TIN: __________________________________

DUNS: _________________________________

CAGE CODE: ___________________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See Specifications dated December 2017; USCG Construction Drawings 8392-D, Sheets 1 thru 22 of 22. Reference Documents: C8392 Delaware DNR Permit Wetlands and Subaqueous Lands Section SP-137/17, date 9/11/2017, and C8392 NMFS Biological Opinion dated 11/27/17.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails, etc. shall be marked with the solicitation/contract number (18-PAC127).

SECTION E - INSPECTION AND ACCEPTANCE

E-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far and http://farsite.hill.af.mil/vffar1.htm

E-2. FAR 52.246-12 Inspection of Construction (AUG 1996).

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

F-1. FAR 52.211-10 Commencement, Prosecution & Completion of Work

(APR 1984).

The Contractor shall be required to (a) commence work under this contract within 10 calendar days, (b) prosecute the work diligently, and (c) complete the entire contract within 236 calendar days after receipt of a Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Note: See specification section 01 12 16, project phasing

The Performance Period includes 11 bad weather days. The definition of weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor work day and delay work critical to the timely completion of the project. If the number of actual weather days exceeds the number of days anticipated by the Coast Guard, then the Contracting Officer may convert the qualifying days to calendar days and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction).”

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. INVOICE REQUIREMENTS:

All Progress Invoices shall be accompanied with a current Construction Schedule and Payrolls or the Invoice will be rejected.

DESIGNATED BILLING OFFICE AND INVOICE PROCEDURES

(a) Submit the original invoice to the following designated billing address via ONE of the following modes, listed in descending order of preference: ‘Google Chrome’ and ‘Firefox’, the web form will work. If not, mail the invoice to the following:

(1) FINCEN website: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Mailed to: Commercial Invoices U. S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(b) In addition to the items required for submission of a proper invoice under FAR 52.232-5 and 52.232-27, each invoice shall contain the following information:

(1) Contract and/or Delivery/Task Order Number

(2) Last Name of the Contract Specialist

(3) Invoice Routing Code: CEU-CLEV

(4) Annotation of contractor’s small business representation for accelerated payment purposes.

Note: The May 2012 version of the USCG CEU Cleveland invoice contains the CEU Cleveland routing code, small business representation annotation, and contract specialist’s name. Please utilize this version of the form which will be provided with the notice of award letter – previous versions are obsolete.

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

(d) A courtesy copy of the invoice shall be mailed to the Contract Specialist and the Contracting Officer’s Representative (COR) at the following email addresses:

Contract Specialist: thomas.e.wallace@uscg.mil COR: Ian.j.ashner@uscg.mil

(e) Supporting documentation (progress schedule, certified payrolls, documentation of payment to surety, Contractor’s Release form, etc.) shall be mailed directly to the assigned Contract Specialist at USCG CEU Cleveland.

If the required documents are not on file at the time the invoice is received, the invoice will be rejected and returned.

(f ) Payment inquiries and status may be obtained at the following website: https://www.fincen.uscg.mil/secure/payment.htm.

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

(1) On the later of:

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

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

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

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

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

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

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

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

NOTE: This contract incorporates FAR Clause 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013). All contractors doing business with the U. S. Government are required to register in this database. No payment can be made until you are registered. You can register online via SAM accessed through https://www.sam.gov.

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, it is the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U. S. Coast Guard.

G-2. CORRESPONDENCE

All correspondence shall be sent directly to: (All correspondence, Emails, Invoices, etc. shall reference the contract number.)

Contracting Specialist USCG Civil Engineering Unit Attn: Thomas E. Wallace 1240 East Ninth Street, Rm. 2179 Cleveland, OH 44199-2060 Email – thomas.e.wallace@uscg.mil Telephone: (216) 902-6110

NOTE: The solicitation or contract number (as appropriate) shall appear in the subject line of all correspondence and emails. (Example: 18-PAC127) G-3. DAILY REPORTS: The contractor is required to complete a Daily Report for each day of work. The report shall be signed by the Superintendent and forwarded to the COR at the end of each work day or no later than 10:00 A.M. the next work day. The Daily Report form is provided as an attachment to the solicitation.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is between $1,000,000 and $4,000,000.

H-2. REQUIRED BONDS

A Bid Bond in the amount of 20 percent shall be submitted with the bid by the time set for bid opening.

Awards exceeding $35,000.00 but not exceeding $150,000.00: Within TEN days from the receipt of the Notice of Award the Payment Bond is required at 100% of the award amount.

Awards exceeding $150,000.00: Performance and Payment Bonds in the amount of 100% of the contract price will be required after award of the contract. Performance and Payment Bonds shall be submitted within TEN calendar days after receipt of Notice of Award. Performance and Payment Bond Forms will be provided with the "Notice of Award."

Standard Form (SF) 24, Bid Bond (Rev. 08/2016), can be accessed at https://www.gsa.gov/forms-library/bid-bond.

H-3. REQUIRED INSURANCE

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5, Insurance - Work on a Government Installation.

Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury Automobile Liability Property Damage

$500,000 per occurrence $500,000 per occurrence $200,000 per person $ 20,000 per occurrence

"Comply with applicable Federal and State worker's compensation and occupational disease statutes."

The Certificate shall cite the contract number and name of the Contract Specialist.

H-4. MODIFICATION PROPOSALS – PRICE BREAKDOWN

(a) The contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for-

(i) Material;

(ii) Labor;

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead; and

2. Must cover all work involved in the modification, whether the work was deleted, added or changed.

(c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts.

(d) The contractor's proposal shall include a justification for any time extension proposed.

H-5. SUPERINTENDENCE BY CONTRACTOR – In accordance with FAR 52.236-6 Superintendence by the Contractor, the contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on-site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor). The profile/summary shall include an outline of the superintendent’s qualifications and the extent of his authority.

(Do NOT submit this information in the Safety Plan.)

This information shall be submitted to the Contracting Officer, in writing, within 10 days from issuance of the Notice to Proceed.

Special Notice: The Superintendent and Alternate shall have the ability to speak, read and write English fluently.

H-6. FIELD OFFICE - Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

H-7. SUBCONTRACT DATA – The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413) to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. The form(s) shall be submitted before the subcontractor begins work. The form provides an acknowledgement by the subcontractor that mandatory “flow-down” contract clauses have been included in his/her contract in accordance with FAR Clause 52.222-11. A copy of the SF 1413 will be provided to the Contractor at the time of award. Completion of this form creates no relationship between the subcontractor(s) and the Government.

H-8. GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Orders 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy and Economic Performance, the Department of Homeland Security (DHS) is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at: http://epa.gov/cpg Biobased Products are described at: http://www.iopreferred.gov/ Energy efficient products are at: http://energystar.gov/products for Energy Star products Energy efficient products are at: http://www.eere.energy.gov/femp/procurement for FEMP designated products Environmentally Preferable Computers are at: http://www.epeat.net Non-Ozone Depleting Alternative Products are at: http://www.epa.gov/ozone/strathome.html Water efficient plumbing products are at: http://epa.gov/watersense To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at Federal Acquisition Regulation (FAR) 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the Contracting Officer for resolution.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Upon request, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

(Incorporated by Reference)

52.203-19

52.204-4

52.204-9 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) Personnel Identity Verification of Contractor Personnel (JAN 2011)

52.204-18 52.209-6

52.209-9

52.214-26 52.214-27

52.214-28

52.214-29 Commercial and Government Entity Code Maintenance (JUL 2016) Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) Audit and Records – Sealed Bidding (OCT 2010) Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding (AUG 2011) Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding (OCT 2010) Order of Precedence-Sealed Bidding (JAN 1986)

52.219-2 52.219-6 Equal Low Bids (Oct 1995).

Notice of Total Small Business Set-Aside (Nov 2011)

52.219-8 52.219-14 Utilization of Small Business Set-Aside (NOV 2016) Limitations on Subcontracting (JAN 2017) (15%)

[Contractor to sign and date and insert authorized signer’s name and title].

52.222-21 52.222-26 Prohibition of Segregated Facilities (APR 2015) Equal Opportunity (SEP 2016).

52.222-40

52.222-50 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) Combating Trafficking in Persons (MAR 2015).

52.222-62 52.223-2

52.223-5 Paid Sick Leave Under Executive Order 13706 (JAN 2017) Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) Pollution Prevention and Right-to-Know Information (MAY 2011).

52.223-17

52.223-18 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008).

Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).

52.227-17 52.228-1 Rights in Data-Special Works (DEC 2007) Bid Guarantee (SEP 1996).

52.232-17 52.232-18 52.232-23 Interest (MAY 2014) Availability of Funds (APR 1984).

Assignment of Claims (MAY 2014).

The due date for making PROGRESS and FINAL PAYMENT shall be 30 days after receipt of the payment request by the designated billing office.

I-2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION

(48 CFR CHAPTER 30) CLAUSES (IBR)

3052.205-70 3052.211-70 3052.222-70

3052.222-90 3052.222-71 3052.223-70

3052.223-90 3052.228-70 3052.228-90

Advertisements, Publicizing Awards, and Releases (Sep 2012) Index for Specifications (DEC 2003).

Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

Local Hire (JUN 2006). DE 4.3% Unemployment; U.S. 4.1% Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003).

Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUNE 2006). (30 Days) The contractor shall complete the following:

The contractor certifies that is has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

Accident and Fire Reporting (DEC 2003) Insurance (DEC 2003) Notification of Miller Act Payment Bond Protection (DEC 2003)

(c) The surety which has provided the payment bond under the prime contract is:

NAME: _____________________________________________________________

STREET ADDRESS: __________________________________________________

CITY, STATE, ZIP CODE: ______________________________________________

CONTACT & TEL. NO: ________________________________________________

3052.242-72

Contracting Officer’s Technical Representative (DEC 2003).

I-3. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (DHS-USCG Class Deviation 14-01) (SEP 2013).

(a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

I-4. FAR 52.225-9 Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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 a 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.

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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 component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material 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 6 percent;

(ii) The application of the restriction of the Buy American statute 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)(3) 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)(3)(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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I-5. FAR 52.236-4 Physical Data (APR 1984).

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the _____________________________. [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probing, test tunnels].

(b) Weather conditions ___________________. [insert a summary of weather records and warnings].

(c) Transportation facilities ________________. [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) C8392 Delaware DNR Permit, Wetlands and Subaqueous Lands Section SP-137/17, dated September 11, 2017 and;

C8392 NMFS Biological Opinion dated November 27, 2017.

I.5. FAR 52.252-6 Authorized Deviations in Clauses (APR 1984).

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of an "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any DHS/SBA Partnership Agreement (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I-6. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006).

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS.

J-1. Construction Wage Rate Requirements.

J-2. Request for Information Form (for requesting information or clarification of specifications and plans).

NOTE: All questions pertaining to this solicitation shall be submitted on the Request for Information (RFI) form by facsimile to 216-902-6278, Attn: Thomas Wallace or email to thomas.e.wallace@uscg.mil . All RFIs must be received in this office not later than 5 working days prior to the Invitation for Bid (IFB) Opening.

J-3. Reference Information Sheet.

J-4. Contractor’s Daily Report.

J-5. USCG Specification dated December 2017.

J-6. USCG Construction Drawings 8387-D, Sheets 1 thru 22 of 22

J-7. Reference Drawings C8392 DNR Permit SP-137/17, dated September 11, 2017;

J-8. Reference Drawings C8392 NMFS Biological Opinion dated November 27, 2017.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Upon request, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

K-2. FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

K-3. FAR 52.204-8 Annual Representations and Certifications (JAN 2018) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(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.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 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.

(xv) 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 items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of…