70Z08719QPJT72000_Request_for_Quotations.pdf

March 2014 CGAP Chapter 3033 Appendix B

Appendix B –Notice For Filing Agency Protests

APPENDIX B – CHAPTER 3033

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.

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

3. DATE ISSUED

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

9.

INFORMATION

a. NAME

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USCG CEU JUNEAU

PO Box 25517

Juneau AK 998021747

Wesley Whisner

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

206-220-7438

17/15/2019

1. SOLICITATION NO.

70Z08719QPJT72000

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Construction Services to replace existing driveway, designated walls in basement, and soil in crawl space as listed in the specifications, drawings, and associated attachments.

Juneau is only accessible by air or marine vessel

The order of magnitude for this requirement is $50,000 to $150,000

Quote Submission Deadline: 1500 Pacific on 31 July 2019

Quote must be submitted electronically to the Contracting Officer, Wesley Whisner, at wesley.m.whisner@uscg.mil

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

calendar days and complete it within

a. Sealed offers in original and

7/31/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) within 10 365 calendar days after receiving

X

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USCG CEU JUNEAU

PO Box 25517

Juneau AK 998021747

31a. NAME OF CONTRACTING OFFICER (Type or print)

Wesley M. Whisner

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

PAGE OFREFERENCE NO. OF DOCUMENT BEING CONTINUED

70Z08719QPJT72000

00001

NAICS: 236220 $36.5M

Wage Determination, General Decision Number:

AK190001 6/14/2019 applies to this project FOB: Destination

All equipment, materials, labor, supervision, transportation, and other related items for replacement of asphalt driveway, designated walls in basement, and crawl space soil.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

70Z08719QPJT72000

SECTION B – SCHEDULE

Contract Line Item Numbers (CLINs): (enter lump sum firm-fixed-price) The Contractor’s proposal shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all work in a workman like manner in complete compliance with specifications and drawings contained in this proposal. The total listed in this section must align with the total stated on Page 2, Block 20 of this RFQ.

CLIN 0001 Scope with camera and clean storm sewer lines and foundation drainage lines. Remove the existing driveway and install a new asphalt driveway with interceptor/french drainage.

CLIN 0002 Remove designated walls in basement, install epoxy in cracks, install new walls with 5/*" sheetrock, tape, mud, prime and paint with two coats of paint.

CLIN 0003 Excavate soil in crawl space and install new interceptor/french connecting it to existing system.

CLIN 0001 to 0003 TOTAL PRICE BASE

SECTION C – SPECIFICATIONS

See specifications, drawings, and submittal log included as attachments in Section J.

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies by the Contractor to the project shall be addressed to the Contractor and not the U.S. Coast Guard. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

SECTION E – INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 FAR 52.252-2 CLUASES INCORPORATED BY REERENCE (FEB 1998)

This contract incorporates one or more clauses by reverence, 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 addresses:

http://farsite.hill.af.mil/vffara.htm

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY

INCORPORATED:

CLAUSE NO. TITLE:

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 U.S. COAST GUARD INSPECTION/ACCEPTANCE

Coast Guard inspection and acceptance under this contract will be accomplished by the Contracting

Officer’s Representative designated in writing by the Contracting Officer.

SECTION F – DELIVERIES/PERFORMANCE

F.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 addresses:

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY

FAR 52.242-14 Suspension of Work (APR 1984)

SECTION F – DELIVERIES/PERFORMANCE

F.2 PERIOD OF PERFORMANCE

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF RECEIPT OF

NOTICE OF AWARD

001 FOR THE JOB 365 CALENDAR DAYS

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

a. Contracting Officer means a person with the authority to enter into, administer and and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The

Contracting Officer is the only individual authorized to make changes to a contract.

b. The Contracting Officer for this procurement action is:

Wesley M. Whisner, U.S. Coast Guard

c. All correspondence including modification proposals, extension requests, and contract submittals shall be submitted to the contracting officer via e-mail. The address is as follows: Wesley.m.whisner@uscg.mil

Office Hours: 8:00 A.M. to 4:00 P.M. Pacific Standard Time

Monday thru Friday (Except Federal Holidays)

NOTE: Include Contact Number on all correspondence.

i. The Contracting Officer’s Representative (COR) will be designated at time of award. The specific duties, authority and responsibility of the COR will be furnished to the Contractor after award in accordance with contract clause HSAR 3052.242-72 Section I.

G.2 INVOICES

a. Invoices shall be prepared and submitted in accordance with the provisions of FAR Clauses 52.232-5, Payments Under Fixed-Price Construction Contracts (May 2014) and FAR 52.232-27, Prompt

Payment for Construction Contracts (Jan 2017).

b. Invoices shall be submitted for payment to the U.S. Coast Guard Finance Center website listed below:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Electronic submission of invoices is MANDATORY for this contract and/or any orders issued in accordance with this contract.

Contractor must also submit a copy of the invoice and any supporting documentation according to detailed invoicing instructions (supplied at time of award), as well as is listed below.

Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contracting Officer

(3) Invoice Routing Code (IRC): CEU-JUN

(4) DUNS number

(5) Invoice number

(6) Invoice date

(7) Line item number (Ex. 0001, 0002) and associated amount invoicing for each

(8) Phone number and e-mail contact for inquiries or issues

(9) Company information (identical to information in SAMS)

(10) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

The Coast Guard (IRC) for this contract and all delivery/task orders is:

CEU Juneau (CEU-JUN)

Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

(2) Fax: 757-523-6900

(3) Mailed to:

Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

To facilitate processing, all proper invoices with supporting information which are submitted electronically, using the FINCEN web based invoice submission capability, must be submitted as a single Adobe.pdf formatted file.

A courtesy copy of the invoice with supporting documentation shall also be e-mailed to the Contracting

Officer (and COR) at the address(es) cited below:

(1) wesley.m.whisner@USCG.MIL Contracting Officer

(2) TBD COR

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 the designated billing office and annotates the invoice with date of receipt at the time of receipt.

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

or

(ii) 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 date in which case the acceptance date shall substitute for the seventh date 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.

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

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

mailto:wesley.m.whisner@USCG.MIL

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

(v) Payment inquiries and status may be obtained at the following website:

http://www.fincen.uscg.mil/secrue/payment.htm

c. The contractor may invoice monthly for progress payments as the work proceeds. All invoices for progress payments shall be accompanied by a Contractor Certification as identified in FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, paragraph (c) and the information required by paragraph (b)(1)(i)-(v). Payments will be processed within 30 days of receipt.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INFORMATION CONCERNING SAFETY AND ENVIRONMENTAL

All contract work shall be performed in accordance with all applicable federal, state, and local safety and environmental laws and regulations.

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. Also, the full text of a clause may be accessed electronically at this address:

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES

FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

FAR 52.203-7 Anti-Kickback Procedures (May 2014)

FAR 52.204-7 System for Award Management (Oct 2016)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984), Alternate I (Apr 1984)

FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items)

(Jan 2017)

FAR 52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997)

FAR 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort (Oct 2009)

FAR 52.215-23 Limitations on Pass-Through Charges (Oct 2009), Alternate I (Oct 2009)

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) http://www.fincen.uscg.mil/secrue/payment.htm

FAR 52.222-6 Construction Wage Rate Requirements (May 2014)

FAR 52.222-7 Withholding of Funds (May 2014)

FAR 52.222-8 Payrolls and Basic Records (May 2014)

FAR 52.222-9 Apprentices and Trainees (Jul 2005)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.222-11 Subcontracts (Labor Standards) (May 2014)

FAR 52.222-12 Contract Termination-Debarment (May 2014)

FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014)

FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

FAR 52.222-15 Certification of Eligibility (May 2014)

FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sep 2013)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (Jun 2000)

FAR 52.227-1 Authorization and Consent (Dec 2007)

FAR 52.227-4 Patent Indemnity – Construction Contracts (Dec 2007)

FAR 52-228-2 Additional Bond Security (Oct 1997)

FAR 52.228-11 Pledges of Assets (Jan 2012)

FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

FAR 52.228-13 Alternative Payment Protections (Jul 2000)

FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014)

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014)

*Note – 14 day pay has been waived for this order

FAR 52.232-23 Assignment of Claims (May 2014)

FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

FAR 52.236-2 Differing Site Conditions (Apr 1984)

FAR 52.236-3 Site Investigation and Condition Affecting the Work (Apr 1984)

FAR 52.236-5 Material and Workmanship (Apr 1984)

FAR 52.236-6 Superintendence by the Contractor (Apr 1984)

FAR 52.236-7 Permits and Responsibilities (Nov 1991)

FAR 52.236-8 Other Contracts (Apr 1984)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(Apr 1984)

FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984)

FAR 52.236-12 Cleaning Up (Apr 1984)

FAR 52.236-13 Accident Prevention (Nov 1991)

FAR 52.236-14 Availability and Use of Utility Services (Apr 1984)

FAR 52.236-15 Schedules for Construction Contracting (Apr 1984)

FAR 52.236-17 Layout of Work (Apr 1984)

FAR 52.236-21 Specifications and Drawing for Construction (Feb 1997), Alternative II (Apr 1984)

Upon completing the work under this contract, the Contractor shall furnish 2 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

FAR 52.236-26 Preconstruction Conference (Feb 1995)

FAR 52.236-27 Site Visit (Construction) (Feb 1995)

FAR 52.236-28 Preparation of Proposals - Construction (Oct 1997)

FAR 52.243-5 Changes and Changed Conditions (Apr 1984)

FAR 52.244-6 Subcontracts for Commercial Items (Jan 2017)

FAR 52.246-21 Warranty of Construction (MAR 1994), Alternate I (Apr 1984)

FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

THE FOLLOWING DEPARTMENT OF HOMELAND SECRUITY ACQUISITION REGULATION

CLAUSES ARE HERE BY INCORPORATED

3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006)

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003)

3052.222-90 Local Hire (JUN 2006)

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits

(JUN 2006)

3052-223-90 Accident and Fire Reporting (DEC 2003)

3052.228-70 Insurance (DEC 2003)

3052.242-71 Dissemination of Contract Information (DEC 2003)

3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

I.1 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: ______ [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

Construction material description Unit of measure Quantity Price (dollars) *

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).]

(End of Clause)

I.2 52.233-2 -- Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the USCG Ombudsman via OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is:

202-372-3695.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

I.3 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm

I.4 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://farsite.hill.af.mil/vffara.htm

(End of Clause)

SECTION J – LIST OF ATTACHEMENTS

J.1 General Decision Number AK190001 06/14/2019 for Construction Type: Building and Heavy

J.2 Specifications

J.3 Drawings

J.4 Submittal Log

SECTION K – REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-3 -- Taxpayer Identification (Oct 1998)

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the

Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The

TIN may be either a Social Security Number or an Employer Identification Number.

mailto:OPAP@uscg.mil

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26

U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of a Federal Government;

(e) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt):

[_] Corporate entity (tax-exempt):

[_] Government entity (Federal, State, or local);

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other _________________.

(f) Common Parent.

[_] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[_] Name and TIN of common parent:

Name_______________________________

TIN________________________________

K.2 52.204-8 -- Annual Representations and Certifications (Oct 2017)

(a)

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

[insert NAICS code].

(2) The small business size standard is ____________ [insert size standard].

(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) 52.223-1, 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.

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

(xviii) 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.

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

52.225-1.

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III

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

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

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 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:

[Contracting Officer check as appropriate.]

___ (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 via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database 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.

K.3 52.222-22 -- Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY

PROVISION NO. TITLE:

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.204-17 Ownership or Control of Offeror (Jul 2016)

FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

FAR 52-223-1 Biobased Product Certification (May 2012)

(End of provision)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

https://www.acquisition.gov/ l.1 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY

FAR 52.232-38 Submission of Electronic Funds Transfer Information with Offer (Jul 2013)

FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work

52.225-12 -- Notice of Buy American Requirement—Construction Materials Under Trade Agreements

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction

Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

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

(c) Evaluation of offers.

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

(b)(4)(i) of FAR clause 52.225-11.

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

Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-

11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of

FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of

FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of provision)

L. 2 INFORMATION CONCERNING SUBMISSION OF PAYMENT BONDS

In accordance with FAR 52.228-13 Alternative Payment Protections (JUL 2000), if payment bonds are submitted, the following requirements apply:

The bonds shall be in the form of a firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury

Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of

Treasury, Financial Management Service, Surety Bond Branch, 401 14th Street, NW., 2nd Floor, West

Wing, Washington, DC 20227.

L.3 FAR 52.236.28 Preparation of Proposals – Construction (Oct 1997)

(a) Proposals must be

(1) submitted on the forms furnished by…