Solicitation_70Z08719RPJT32900.pdf

UNITED STATES COAST GUARD

CIVIL ENGINEERING UNIT - JUNEAU

PROPOSAL DOCUMENTS FOR

USCG BASE SUPPORT UNIT, KODIAK, ALASKA PAVING

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) CONTRACT

70Z08719RPJT32900

This solicitation contains Sections A through M.

PLEASE MAIL YOUR PROPOSAL TO THE ADDRESS LISTED IN BLOCK 8 OF SF-1442.

ELECTRONIC TRANSMITTALS OF PROPOSAL DOCUMENTS WILL NOT BE ACCEPTED.

NOTICE TO OFFERORS

It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The

Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. Double Click on the following icon to read the notice for filing agency protests:

omb.docx

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SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70Z8719RPJT32900

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

11/16/2018

PAGE OF PAGES

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO.

70Z08719DPJT32900

5. REQUISITION/PURCHASE REQUEST NO.

2118788PJT329

6. PROJECT NO.

8270768

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT JUNEAU

915 2nd AVE, ROOM 2664

SEATTLE, WA 98174

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT JUNEAU

915 2nd AVE, ROOM 2664

SEATTLE, WA 98174

9. FOR INFORMATION

CALL

A. NAME

WESLEY M. WHISNER

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

206-220-7438

SOLICITATION

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

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

REQUEST FOR PROPOSAL 70Z08719RPJT32900 INCLUDING SPECIFICATIONS AND DRAWINGS ENTITLED: UNITED STATES

COAST GUARD PAVING, BASE SUPPORT UNIT KODIAK ISLAND, ALASKA.

Contractor shall provide all labor, material, equipment, transportation, supervision and disposal necessary for paving repairs and replacement in support of USCG Base Support Unit (BSU) Kodiak, AK.

All work shall be accomplished in accordance with the contract terms and conditions, the specifications attached hereto, and applicable wage rates.

A bid guarantee IS required in the amount of $2,000,000.00. Payment and performance bonds will be required for all task orders exceeding $150,000. Payment bonds will be required for all orders exceeding $35,000.

THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

SMALL BUSINESS SIZE STANDARD: THE WORK REQUIRED BY THIS SOLICITATION IS IDENTIFIED AS NORTH AMERICAN

INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 237310, AND THE APPLICABLE SMALL BUSINESS SIZE STANDARD IS

$36.5 MILLION IN AVERAGE ANNUAL RECEIPTS FOR THE PAST THREE YEARS.

The total aggregate ceiling of the base period and all potential option periods is $9,500,000.

Offers shall be submitted as one (1) hardcopy original and one (1) electronic copy on compact disc.

11. The contractor shall begin performance within 10 calendar days and complete the base bid within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See *(See Section F )

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

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

YES NO

12B. CALENDAR DAYS

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00PM (hour) local time 12/17/2018 (date). If this is a sealed bid solicitation, offers must 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.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 90 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(e)

53.301-1442 FEDERAL ACQUISITION REGULATION (FAR)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

E-MAIL ADDRESS:_____________________

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

DUNS:

CODE FACILITY CODE

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 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.)

AMOUNTS

SEE ATTACHED PRICING SHEET

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(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

Min Guaranteed Amount of $10,000

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

10 USC 2304(c) ( ) 41 USC USC 253(c) ( )

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

See Block 8 COMMERCIAL INVOICES

U. S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (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)

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

Mark W. Snell

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 PAGE 2 (Rev. 4-85)

SOLICITATION, OFFER AND AWARD 70Z08719RPJT32900

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SECTION A

Solicitation/Contract Form

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 1-3

X B SUPPLIES OR SERVICES AND PRICES 4

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 5

X D PACKAGING AND MARKING 6

X E INSPECTION AND ACCEPTANCE 7

X F DELIVERIES OR PERFORMANCE 8-9

X G CONTRACT ADMINISTRATION DATA 10-13

X H SPECIAL CONTRACT REQUIREMENTS 14-17

PART II - CONTRACT CLAUSES

X I CONTRACT CLAUSES 18-33

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X J LIST OF ATTACHMENTS 34

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

35-44

X L INST., CONDITIONS, AND NOTICES TO OFFERORS 45-51

X M EVALUATION FACTORS FOR AWARD 52-53

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SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

USCG BASE SUPPORT UNIT KODIAK PAVING

Contractor shall provide all labor, material, equipment, transportation, supervision and disposal necessary for the

Kodiak Island Paving Replacement and Repairs Indefinite

Delivery/Indefinite Quantity construction contract in support of

USCG Base Support (BSU) Kodiak, Alaska in accordance with this solicitation and the attached specifications.

The contract will consist of a base year, and will include (4)

1-year option periods for a total potential period of five years. The contractor shall complete the line item pricing schedule provided as an attachment in Section J.

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SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 GENERAL SCOPE OF CONTRACT

The purpose of this Indefinite Delivery/Indefinite Quantity

(IDIQ) contract is to establish terms and conditions upon which the Contractor will perform miscellaneous pavement & associated repairs at U.S. Coast Guard Base Support Unit (BSU) Kodiak, Alaska. Work shall be accomplished pursuant to the pricing schedule in Section B, the contract terms and conditions, the attached specification, and the applicable wage rates.

C.2 WAGE RATES

The applicable general wage rates will be incorporated into the individual task orders at the time of issuance.

C.4 Specifications for UNITED STATES COAST GUARD

PAVING Base Support Unit Kodiak Island, Alaska is incorporated as an attachment in Section J.

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SECTION D

PACKAGING AND MARKING

D.1 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 practice for commercial packaging.

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 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:

http://www.arnet.gov/far/

52.246-12 Inspection of Construction AUG 1996

Coast Guard inspection and acceptance for each Task Order under this contract will be accomplished by the Contracting Officer’s

Representative designated in writing by the Contracting Officer.

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)*

The Contractor shall be required to (a) commence work under this contract within Ten [10] calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than(____) calendar days* after the date the

Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

*Note: Completion times shall be addressed in individual task orders issued hereunder.

F.2 CONTRACT TIME/NOTICE TO PROCEED

(a) Provided the contract is not terminated pursuant to paragraph (d) of FAR 52.228-1, “Bid Guarantee,” if, in the opinion of the Contracting Officer, the Contractor’s delay in executing formal contract documents or furnishing performance or payment bonds causes a delay in the issuance of the notice to proceed, the time to complete the work as specified in the contract, may be reduced to reflect such delay.

(b) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer.

(c) Notice to proceed may be issued by the Government at its convenience. Any right of the contractor to a price adjustment because of unreasonable delay on the part of the Government in issuing notice to proceed shall be determined in accordance with the clause titled “Suspension of Work.”

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F.3 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty percent (50%) of the total amount of work to be performed under the contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.4 PERIOD OF PERFORMANCE

The period of performance for this contract shall be from the date of contract award for a period of one year. There are also four (4) one-year option periods. Task order(s) awarded prior to the expiration date of the contract shall be completed within the time stated in the task order(s). Exercise of an option period of performance extends the life of the contract by that option period.

F.5 GUARANTEED MINIMUM AMOUNT

In accordance with FAR 52.216-22(b), the guaranteed minimum quantity of work the Government agrees to order under this contract is $10,000 for the base period. This shall be guaranteed during the base period and no guarantee is made for subsequent option years.

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a). 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 email 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.

PLEASE NOTE THAT IF ANY OF THIS INFORMATION IS MISSING OR THE

IRC IS INCORRECT THE INVOICE MAY BE REJECTED AND THE CONTRACTOR

REQUESTED TO SUBMIT A CORRECTED INVOICE.

(b.) The Coast Guard (IRC) for this contract and all delivery/task orders is: CEU Juneau (CEU-JUN)

(c.) 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:

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

(d.) 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.

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(e.) A courtesy copy of the invoice with supporting documentation shall also be e-mailed to the Contracting Officer and COR at the addresse(s) cited below:

Contracting Officer Email

Contracting Officer Representative Email

(to be provided with Task Order issuance)

(f.) 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.

(ii) 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

(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

FIXED-PRICE CONSTRUCTION Page 12 of 53 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

(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.

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

G.2 In addition to the payment requests being processed as noted above, the Contractor’s certified weekly payroll reports and contract daily reports, received by the Contracting Officer, must be current.

G.3 PAYMENT FOR MATERIAL DELIVERED OFF SITE

As provided in, and subject to the requirements of, FAR 52.232-

5(b)(1)-(2), payment for material acquired for incorporation into the project and stored off site by the Contractor, may, at the discretion of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as "PROPERTY OF THE

UNITED STATES, Project Name, and Contract Number." In addition, the Contractor shall furnish the Government with a right to ingress and egress to the property together with the right of removal. The Contractor shall remain liable for any loss, damage or destruction of the materials until incorporated into the project or otherwise disposed of in accordance with

Government instructions.

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G.4 CONTRACT ADMINISTRATION

This contract will be administered by the Civil Engineering Unit

– Juneau Contracting Officer. All matters related to the performance of this contract shall be coordinated through the

Contracting Officer or the Contracting Officer’s Representative

(to be appointed at award):

Wesley M. Whisner

915 2nd Ave, Room 2664

Seattle, WA 98174

Wesley.m.whisner@uscg.mil

206-220-7438 mailto:Wesley.m.whisner@uscg.mil

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Each offeror shall submit with its offer an offer guarantee in the form of a bond (SF-24) with good and sufficient surety or sureties acceptable to the government, or other security as provided in clause 52.228-1, Bid Guarantee, for $1,000,000.

H.2 SUBCONTRACT DATA*

The Contractor shall submit an executed Statement and

Acknowledgment 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. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with Clause 52.222-

11. A copy of Form SF-1413 will be provided to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the

Government.

*Note: This requirement is applicable to task orders.

H.3 REGISTRATION AND ACCESS

Base access will be required for some Task Orders. The RAPIDGATE process for gaining base access is provided here:

RAPIDGATE: The only long-term credential available for entry past the Base Kodiak Main Gate is a Base Kodiak RAPIDGate credential. Federal transportation worker identification cards

(TWIC) and retired military identification cards of a contractor’s employees will not be accepted for Contractor access. Information about the Rapid Gate process can be obtained at http://www.rapidgate.com or by calling 1-877-RAPIDGate (1-

877-727- 4342).

PROJECT #TBD

PROJECT TITLE TBD

Enrollment of employees needing entry onto the base may take several weeks and normal processing time can be expected to take as long as 6 weeks. The Contractor is required to enroll their

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Company before applications can be accepted to credential any employees.

There are fees for both the Contractor and employees. The costs of obtaining credentials shall be solely born by the Contractor.

Failure to obtain base access will not be accepted as a reason for non performance.

The only other pass valid for access for the vendor and

Contractor population is a 1-day pass. Companies that choose not to participate in the RAPIDGate Program will require an escort or a one-day pass for installation access. One day passes are limited to 3 passes in 45 days without being enrolled in the

RAPIDGate program.

GENERAL

Personnel shall not stray from the immediate area of work.

Cell phone use is not permitted while driving anywhere on Base

Kodiak

H.4 GATE SECURITY

All personnel shall carry proper identification (ID) when on any portion of Base Kodiak. Proper ID is defined as either the individual's driver's license, state or federal picture ID or

Passport. The identification must be laminated, and show a facial picture of the individual.

H.5 REQUIREMENT FOR INSURANCE

In accordance with the provisions of Contract Clause FAR 52.228-5 and HSAR 3052.228-70, the Contractor and all major subcontractors working on the job site, shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverage.

Coverage

Type of Accident Per Person Per Accident Property

General Liability $500,000

Automobile

Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

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Longshoreman and Harbor Worker--As required by Federal and State

Law.

All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

H.6 PERFORMANCE AND PAYMENT BOND REQUIREMENTS FOR TASK ORDERS

Securities to guarantee faithful performance of the contract and to guarantee payment to all persons supplying labor or materials in the performance of the contract shall be required for each task order in the amount specified in FAR Clause 52.228-13, Alternative Payment Protections, or FAR clause 52.228-15, Performance and Payment Bonds - Construction.

H.7 JOB SUPERINTENDENT

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6. The contractor shall provide a job superintendent on the site at all times during task order performance.

H.8 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor, in connection with any proposal made for a task order modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a task order modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

H.9 INFORMATION CONCERNING SAFETY AND ENVIRONMENTAL

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

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SECTION I

CONTRACT CLAUSES

I.1 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights (SEP

2013) (DHS-USCG DEVIATION 14-01)

(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.

(End of clause)

I.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than

$10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $2,000,000.00,

(2) Any order for a combination of items in excess of

$2,000,000.00; or

(3) A series of orders from the same ordering office within

30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the

Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that

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(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the

Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

“maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the

“minimum.”

(c) Except for any limitations on quantities in the Order

Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration of the effective period of the contract.

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I.4 52.225-9 BUY AMERICAN ACT--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—

(3) 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

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(4) 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 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.

(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

FIXED-PRICE CONSTRUCTION Page 22 of 53 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).

FIXED-PRICE CONSTRUCTION Page 23 of 53

(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

Item 2

Foreign construction

Domestic construction

FIXED-PRICE CONSTRUCTION Page 24 of 53

[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.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, 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:

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and MAY 2014

Recovery of Funds for Illegal or

Improper Activity

52.203-10 Price for Fee Adjustment for Illegal MAY 2014 or Improper Activity

52.203-12 Limitation on Payments to Influence OCT 2010

Certain Federal Transactions

52.203-19 Prohibition on Requiring Certain JAN 2017

Internal Confidentiality Agreements

Or Statements

52.204-4 Printing/Copying Double-Sided on MAY 2011

Recycled Paper

52.204-7 Central Contractor Registration OCT 2018

FIXED-PRICE CONSTRUCTION Page 25 of 53

52.204-9 Personal Identity Verification of JAN 2011

Contractor Personnel

52.204-10 Reporting Executive Compensation OCT 2018 and First-Tier Subcontract Awards

52.204-13 Systems for Award Management OCT 2018

Maintenance

52.204-15 Service Contract Reporting OCT 2016

Requirements for Indefinite-Delivery

Contracts

52.204-18 Commercial and Government Entity Code JUL 2016

Maintenance

52.204-21 Basic Safeguarding of Covered JUN 2016

Contractor Information Systems

52.209-6 Protecting the Government's Interest OCT 2015

When Subcontracting with Contractors

Debarred, Suspended, or Proposed for

Debarment

52.209-9 Updates of Publicly Available OCT 2018

Information Regarding Responsibility

Matters

52.209-10 Prohibition on Contracting with NOV 2015

Inverted Domestic Corporations

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence-Uniform Contract OCT 1997

Format

(the Specifications shall have precedence over the Drawings in accordance with FAR 52.236-21)

52.216-18 ORDERING OCT 1995

(a) from date of contract award for the base year.

52.217-5 Evaluation of Options JUL 1990

52.219-6 Notice of Total Small Business NOV 2011

FIXED-PRICE CONSTRUCTION Page 26 of 53

Set-Aside

52.219-8 Utilization of Small Business OCT 2018

Concerns

52.219-14 Limitations on Subcontracting JAN 2017

52.219-28 Post-Award Small Business Program JUL 2013

Rerepresentation

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety MAY 2018

Standards Act - Overtime

Compensation

52.222-6 Davis-Bacon Act AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records AUG 2018

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance With Copeland Act FEB 1988

Requirements

52.222-11 Subcontractors (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance with Davis-Bacon and MAY 2014

Related Acts Regulations

52.222-14 Disputes Concerning Labor FEB 1988

Standards

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition of Segregated APR 2015

Facilities

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance APR 2015

FIXED-PRICE CONSTRUCTION Page 27 of 53

Requirements for Construction

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Affirmative Action for Workers JUL 2014 with Disabilities

52.222-37 Employment Reports Veterans FEB 2016

52.222-40 Notification of Employee Rights Under DEC 2010 the National Labor Relations Act

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order DEC 2015

13658

52.222-62 Paid Sick Leave Under Executive Jan 2017

Order 13706

52.223-2 Affirmative Procurement of Biobased SEP 2013

Products Under Service and Construct-ion Contracts

52.223-3 Hazardous Material Identification JAN 1997 and Material Safety Data--

Alternate I (JUL 1995)

52.223-5 Pollution Prevention and Right-to- MAY 2011

Know Information

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies to AUG 2011

Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign JUN 2008

Purchases

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice and Assistance Regarding DEC 2007

Patent and Copyright Infringement

52.227-4 Patent Indemnity - Construction DEC 2007

FIXED-PRICE CONSTRUCTION Page 28 of 53

52.228-1 Bid Guarantee SEP 1996

(c) The amount of the bid guarantee shall be for

$1,000,000.00.

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work on a Government JAN 1997

Installation

52.228-11 Pledges of Assets AUG 2018

52.228-12 Prospective Subcontractor Requests MAY 2014 for Bonds

52.228-13 Alternative Payment Protections JUL 2000

(a) Payment Bond SF-25A or Irrevocable

Letter of Credit.

(c) 10 calendar days

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds - OCT 2010

Construction

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price MAY 2014

Construction Contracts

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction JAN 2017

52.232-33 Payment by Electronic Funds Trans- OCT 2018 fer—System for Award Management

(for additional information visit the USCG

Finance Center website at http://www.fincen.uscg.mil/vendor_info.htm.)

52.232-39 Unenforceability of Unauthorized JUN 2013

Obligations http://www.fincen.uscg.mil/vendor_info.htm

FIXED-PRICE CONSTRUCTION Page 29 of 53

52.232-40 Providing Accelerated Payment to DEC 2013

Small Business Subcontractors

52.233-1 Disputes--Alternate I (DEC 1991) MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of OCT 2004

Contract Claim

52.236-1 Performance of Work by the APR 1984

Contractor

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50% of the total amount of work to be performed under the contract.

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions APR 1984

Affecting the Work

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, APR 1984

Structures, Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to APR 1984

Completion

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention ALT I (NOV 1991) NOV 1991

52.236-14 Availability and Use of Utility APR 1984

FIXED-PRICE CONSTRUCTION Page 30 of 53

Services

52.236-15 Schedules for Construction APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for FEB 1997

Construction—Alternate II (APR 1984)

52.236-26 Pre-construction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 1907

52.243-6 Change Order Accounting APR 1984

52.246-21 Warranty of Construction MAR 1994

52.247-64 Preference for Privately Owned FEB 2006

U.S. - Flag Commercial Vessels

52.248-3 Value Engineering - Construction OCT 2015

52.249-2 Termination for Convenience of the APR 2012

Government (Fixed-Price)--

Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

I.6 DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48

CFR Chapter 30) CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference text. Upon request, the Contracting Officer will make their full text available.

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, SEP 2012

AND RELEASES

3052.211-70 INDEX FOR SPECIFICATIONS DEC 2003

FIXED-PRICE CONSTRUCTION Page 31 of 53

3052.222-70 STRIKES OR PICKETING AFFECTING DEC 2003

TIMELY COMPLETION OF THE CONTRACT

WORK

3052.222-71 STRIKES OR PICKETING AFFECTING DEC 2003

ACCESS TO A DHS FACILITY

3052.222-90 LOCAL HIRE JUN 2006

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS JUN 2006

SUBSTANCES-APPLICABLE LICENSES AND

PERMITS (obtain licenses and permits within 30 days after date of Award)

3052.223-90 ACCIDENT AND FIRE REPORTING DEC 2003

3052.228-70 INSURANCE DEC 2003

3052.228-90 NOTIFICATION OF MILLER ACT DEC 2003

PAYMENT BOND PROTECTION

3052.236-70 SPECIAL PRECAUTIONS FOR WORK AT DEC 2003

OPERATING AIRPORTS

3052.242-71 DISSEMINATION OF CONTRACT DEC 2003

INFORMATION

I.7 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

FIXED-PRICE CONSTRUCTION Page 32 of 53 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 the acquisition described in subsection

(b)(1) of Section 835 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.

FIXED-PRICE CONSTRUCTION Page 33 of 53

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 3009.104-70 through 3009.104-73;

[_] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of

(HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(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.

I.8 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working

FIXED-PRICE CONSTRUCTION Page 34 of 53 days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot…