Invitation_For_Bid.pdf

INVITATION FOR BID NUMBER 70Z08819BPQQ10600

YOU MUST RETURN THE FOLLOWING. FAILURE TO DO SO

MAY DEEM YOUR BID NON-RESPONSIVE (SEE SECTION L-

13)

(A) SF-1442 SOLICITATION-OFFER-AWARD: BIDDER MUST COMPLETE

BLOCKS 14 THROUGH 20C. BLOCK 20A MUST BE SIGNED AND MUST

HAVE AN ORIGINAL SIGNATURE. STAMPED SIGNATURES ARE NOT

ACCEPTABLE.

(B) SECTION B “SCHEDULE OF PRICES”.

(C) SUBMIT A COPY OF THE SAM REPRESENTATIONS AND

CERTIFICATIONS (THE COMPLETE SAM RECORD, NOT JUST THE FIRST

PAGE) AND SECTION K OF THE SOLICITATION.

(D) SF30, AMENDMENT OF SOLICITATION/MODIFICATION OF

CONTRACT (APPLICABLE IF AMENDMENTS ARE NOT ACKNOWLEDGED

ON REVERSE SIDE OF THE SF 1442)

(E) BID BOND (STANDARD FORM 24)

(F) IF BIDDER IS A CORPORATION, COMPLETE AND SUBMIT

CERTIFICATE OF AUTHORIZATION TO BIND CORPORATION (SEE

SECTION K.7)

PLEASE MAIL YOUR BID TO THE FOLLOWING ADDRESS:

CONTRACTING OFFICER

Attn: Jason Dugan

IFB 70Z08819BPQQ10600

USCG Civil Engineering Unit 1301 Clay Street 7th Floor, Suite 700N Oakland, CA 94612-5203

Please do not call to inquire about the status of your bid, as this information will not be released.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within 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 the concerns, the interested parties are encouraged to contact the Coast 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 either to 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 at 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 protestor agrees not to file a protest with the GAO or other external forum. If the protest is file with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

70Z08819BPQQ10600

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

April 11, 2019

PAGE

OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

6472873

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SEE BLOCK 7

United States Coast Guard Civil Engineering Unit 1301 Clay Street, 7th Floor, Suite 700NOakland CA 94612-5203

9. FOR INFORMATION

CALL:

a. NAME

Jason Dugan

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

510-637-5583

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 number, date)

COAST GUARD DREDGING PROJECT:

PROJECT DESCRIPTION: Conduct Maintenance Dredging of sediment from the U.S. Coast Guard (USCG) Cutter ASPEN Mooring and Approach and the USCG Station San Francisco Small Boat Basin at Yerba Buena Island, San Francisco CA

This requirement is solicited on an UNRESTRICED BASIS. The Government contemplates award of a Firm Fixed Price Contract resulting from this solicitation.

The North American Industry Classification System (NAICS) code applicable to this acquisition is 237990. The Magnitude of Constructions is $1,000,000 - $5,000,000.00.

Bidders will acknowledge all amendments, sign block 20B, and fill-in all information in blocks 14-20C on page 2 of this form. Bidders shall also fill-in all items in the schedule of prices.

All questions pertaining to this solicitation must be submitted in writing to Jason Dugan at the address in block #7 or email to jason.e.dugan@uscg.mil. Please use the attached "REQUEST FOR CLARIFICATION" form located in Section J for this solicitation. The last day to submit questions is May 9, 2019.

Notice to proceed will be issued after dredge permits and episode approval from regulatory agencies are obtained. Permits are expected to be obtained on or before 1 September 2019. The contractor shall complete all work by 30 November 2019 after issuance of notice to proceed.

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. SEE BLOCK 10

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 0 opies to perform the work required are due at the place specified in Item 8 by 2:00 P.M. (hour) (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.

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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

X

X local time May 13, 2019

X 10

AMOUNTS

OFFER (Must be fully completed by offeror)

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

DUNS:__________________________

15. TELEPHONE NUMBER (Include area code)

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

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 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.)

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

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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 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, certifications, and specifications 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)

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Commanding Officer (1224) USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-1224 (757)523-6940

SEE BLOCK 7

JEDugan Typewritten Text

SECTION B

SCHEDULE OF PRICES

MAINTENANCE DREDGING OF U.S. COAST GUARD CUTTER ASPEN MOORING AND APPROACH

U.S. COAST GUARD STATION SAN FRANCISCO SMALL BOAT BASIN AT YERBA BUENA ISLAND,

SAN FRANCISCO CALIFORNIA (PSN 647873)

THE CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC.,

NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND

CONDITIONS SET FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

CLIN Description Unit of Issue

QTY Unit Price Total Amount

0001 Mobilization and Demobilization JOB 1 $ $

CLIN 0002: Dredging, CGC ASPEN Area A and Area B to -24-ft (MLLW) including 2-feet of Paid Overdepth with disposal at Montezuma Wetland beneficial use upland site.

Issue

EST

QTY

Unit Price Total Amount

0002AA Required Dredging to -24-ft MLLW In CGC ASPEN mooring Area A and Area B

CY 33,350 $ $

0002AB Overdepth Dredging to -26-ft MLLW in CGC ASPEN Area A and Area B

CY 16,650 $ $

TOTAL COST CLIN 0002: $_____________________

CLIN 0003: Dredging, CGC ASPEN Area A and Area B to -24-ft (MLLW) including 2-feet of Paid Overdepth with disposal at SF-DODS.

Issue

EST

QTY

Unit Price Total Amount

0003AA Required Dredging to -24-ft MLLW In CGC ASPEN mooring Area A and Area B

CY 26,150 $ $

0003AB Overdepth Dredging to -26-ft MLLW in CGC ASPEN Area A And Area B

CY 12,850 $ $

TOTAL COST CLIN 0003: $_____________________

CLIN 0004: Dredging, CGC ASPEN Area C to -24-ft (MLLW) including 2-feet of Paid Overdepth with disposal at SF-DODS

Issue

EST

QTY

Unit Price Total Amount

0004AA Required Dredging to -24-ft MLLW in CGC ASPEN mooring Area C

CY 8,200 $ $

0004AB Overdepth Dredging to -26-ft MLLW in CGC ASPEN mooring Area C

CY 2,800 $ $

TOTAL COST CLIN 0004: $_____________________

CLIN 0005: Dredging, SF Small Boat Basin Area A to -10ft- (MLLW)plus -2ft-MLLW) of Paid Overdepth with disposal at SF-DODS and the transition zone from Area A to Area B to depths from -10ft-(MLLW) to -14-ft(MLLW)with disposal at SF-DODS

Issue

EST

QTY

Unit Price Total Amount

0005AA Required Dredging to -10-ft MLLW in Small Boat Basin Area B

CY 3,000 $ $

0005AB Overdepth Dredging to -12-ft MLLW in SF Small Boat Basin Area B

CY 1,200 $ $

0005AC Required Dredging of transition zone from Area A to Area B to depths from -10ft- (MLLW)to -14-ft MLLW in SF Small Boat Basin

CY 300 $ $

TOTAL COST CLIN 0005: $_____________________

CLIN 0006: Dredging, SF Small Boat Basin Area B to -14-ft (MLLW) including 2-feet of Paid Overdepth with disposal at SF-DODS

Issue

EST

QTY

Unit Price Total Amount

0006AA Required Dredging to -14-ft MLLW in Small Boat Basin Area B

CY 9,000 $ $

0006AB Overdepth Dredging to -16-ft MLLW in SF Small Boat Basin Area B

CY 4,700 $ $

TOTAL COST CLIN 0006: $_____________________

OPTION

CLIN

Description Unit of Issue

QTY Unit Price Total Amount

0007 Eelgrass Surveys and Reports JOB 1 $ $ 0008 Temporary Removal and

Reinstallation of Floating Jet Docks

JOB 1 $ $

GRAND TOTAL ITEMS 0001- 0008 $

Notes:

*QUANTITIES FOR CLINS 0002AA, 0002AB, 0003AA, 0003AB, 0004AA, 0004AB, 0005AA, 0005AB, 0005AC, 0006AA, and 0006B ARE ESTIMATED AMOUNTS; SEE FAR 52.211-18 IN SECTION F

1. Prices must be submitted on all individual items within the Schedule of Prices. Failure to do so may be cause for rejection of bids.

2. CLINs 0007-0008 are Option Line Items. The exercise and award of CLINs 0007-0008 will be made within 60 days after contract award. Award of CLINs 0007-0008 will be dependent on the availability of funds.

3. The term "JOB", which appears on the Schedule of Prices under “Unit of Issue” for CLINs. 0001, 0007 and 0008 shall be considered as Lump Sum. The Variation in Estimated Quantities contract clause, FAR 52.211-18, shall not apply to CLINs 0001, 0007 and 0008.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 DRAWINGS AND SPECIFICATIONS

The following specifications apply to this contract.

SPECIFICATIONS Maintenance Dredging, U.S. Coast Guard Cutter Aspen Mooring and Approach, U.S. Coast Guard Station San Francisco Small Boat Basin at Coast Guard Sector San Francisco, Yerba Buena Island, San Francisco, CA”, 79 Pages, dated April 1, 2019 ATTACHED

IN SECTION J

C.2 All work shall be performed in strict accordance with the specifications listed above.

SECTION D

PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

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 these addresses:

https://www.acquisition.gov/ ;

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include contract number and work being performed. These reports shall be delivered to, or if directed, mailed to the Construction Manager on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until all daily reports are current.

E.3 FINAL INSPECTION

Final inspection, punch list, submission of all submittals, acceptance, and cleanup of the project site under conditions defined in specification will be completed before the completion date.

https://www.acquisition.gov/

SECTION F

DELIVERIES AND PERFORMANCE

F.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 these addresses:

https://www.acquisition.gov/ ;

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK (APR 1984) [(a) 10 days, (c) 30 November 2019]

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item.

Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Representative (COR) is the representative of the Contracting Officer for the purpose of day to day technical administration/inspection of all work under the contract. This includes, but is not limited to, approval of progress payments, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the COR authorized to approve any changes that will involve the quantity, quality, price or performance of the contract.

G.3 ADDRESS OF CORRESPONDENCE

All correspondence, unless otherwise specified, shall be directed to the following address:

U.S Coast Guard Civil Engineering Unit-Oakland 1301 Clay Street 7th Floor, Suite 700N Oakland, California 94612-5203 Telephone Number: (510) 637-5583

FAX: (510) 637-5728

NOTE: Include Contract Number on all correspondence.

G.4 REQUIREMENT FOR INSURANCE

The contractor shall provide and maintain insurance for the entire contract performance, in accordance with Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE - WORK ON A GOVERNMENT INSTALLATION”. (See Section I) FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractor shall comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Vessel Liability. When contract performance involves use of vessels, the contractor shall provide vessel collision liability, protection, and indemnity liability insurance.

(e) Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(f) Longshore and Harbor Workers Compensation Act applies to the procurement. In addition to other insurance coverage required, full insurance coverage is required in accordance with the U.S. Longshore and Harbor Workers Compensation Act, 33 USC 901 et seq.

G.5 INVOICING REQUIREMENTS

The original invoice/progress payment is to be submitted directly to billing address located on the contract.

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, Prompt Payment for Construction Contracts (JAN 2017). Instructions can be found in Section I, Contract Clauses.

(b) Each invoice shall contain the following information:

(1) Contract Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

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

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CEU-OAK

(d) 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

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

(f) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist at the addresses cited below:

jason.e.dugan@uscg.mil

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

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by 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

(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 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 http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:jason.e.dugan@uscg.mil annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

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

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

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

G.6 METHOD OF PAYMENT

In accordance with FAR Clause 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management (October 2018), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules government federal payments through the ACH are contained in 31 CFR parts 210.

For Registration Assistance: SAM Customer Service Information Federal Service Desk: www.fsd.gov Toll-Free Phone Number 866-606-8220 Outside U.S.: 334-206-7828 Website: http://www.sam.gov/index.html/#1

G.7 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor’s Release, DHS Form 700-03. Failure to submit this completed release shall result in delay of final payment.

http://www.fincen.uscg.mil/electron.htm http://www.fincen.uscg.mil/electron.htm

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 PRICING OF REQUEST FOR EQUITABLE ADJUSTMENT

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

H.2 CONTRACTOR INITIATED CHANGES

Contractor initiated requests for changes to the contract will be considered by the Government only if they meet all of the following conditions:

(a) The request shall be submitted to the Contracting Officer by separate correspondence signed by your authorized representative.

(b) The request shall state how the proposed change would be incorporated into the construction schedule, whether or not a time extension will be necessary, and the calendar date by which you must receive approval or disapproval so as not to affect the existing schedule.

(c) The request shall include a complete listing of labor, materials and equipment costs, and proposed changes to the original contract requirements as well as all indirect costs, and delays. It shall include a listing, with telephone numbers of all sources necessary for Government verification of proposed costs and your offer.

(d) Cost and pricing information shall be submitted according to the provisions of H.1 above.

THE GOVERNMENT MAY REJECT ANY REQUEST THAT DOES NOT PROVIDE

ALL OF THE ABOVE INFORMATION IN A SINGLE SUBMISSION.

H.3 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 this contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

H.4 MISPLACED MATERIAL

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting

Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Section 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq).

H.5 SUPERINTENDENCE BY CONTRACTOR.

The contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor).

H.6 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army (33 CFR 201.10-201-16) and the Commandant, U.S. Coast Guard (33 CFR 80.18-80.31a and 33 CFR 95.51-97.700)

H.7 CONTRACTOR PERFORMANCE EVALUATION

A. In accordance with FAR Subpart 42.15, contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report by the end user(s) for use by this agency and other government agencies on future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative and the Construction Manager at the conclusion of the contract. The Contracting Officer will input his/her comments and forward the report to the contractor, for its comments. In the case of a contract with option years, an interim report will be completed midway through each option year. The areas to be evaluated are:

• Quality of Product or Service

• Timeliness of Performance

• Effectiveness of Management / Business Relations

• Compliance with Labor Standards

B. Each area will be evaluated using the following scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0).

C. The Contractor Performance Assessment Reporting System (CPARS) shall be used for all performance evaluations. Where the CPARS is used, a hard copy of the evaluation report is maintained in the contract file. At this time CPARS does not currently contain an electronic means to retain the "level above review"; therefore, a hard copy of the level above review will be contained in the contract file.

D. All contractors are required to register with CPARS. Registration may be accomplished on-line at http://www.cpars.csd.disa.mil/cparsmain.htm and additional information about the registration process may be obtained at http://www.cpars.csd.disa.mil/cparsfiles/cpars/freqask.htm . By registering the contractor will receive timely notice of government input into the database and the opportunity to respond on-line to all government comments.

E. The results of the report will be provided to the contractor who will be given a period of thirty (30) days to review and provide comments. Comments shall be limited to 2000 characters for each area evaluated. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded for official use only in accordance with Federal Acquisition Regulation Part 3.104.

http://www.cpars.csd.disa.mil/cparsmain.htm http://www.cpars.csd.disa.mil/cparsfiles/cpars/freqask.htm

SECTION I

CONTRACT CLAUSES

I.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/these addresses:

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 RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2018)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018))

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

52.214-26 AUDIT AND RECORDS –SEALED BIDDING (OCT 2010)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA –

MODIFICATIONS – SEALED BIDDING (AUG 2011)

52.214-28 SUBCONTRACT CERTIFIED COST OR PRICING DATA – MODIFICATIONS

SEALED BIDDING (OCT 2010)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARTELY PRICED LINE ITEM (Mar

1989) (60 days of contract award)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION (MAY 2018)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (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 (JULY 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENT AND

RELATED ACT REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGE UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (SEP 2013)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(ALT. I) (JUL 1995)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE

AND CONSTRUCTION CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT & COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (DEC 2007)

52.228-1 BID GUARANTEE (SEP 1996)

(C ) The amount of the bid guarantee shall be 20% of bid price.

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (AUG 2018)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

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, STRUCTURES, EQUIPMENT,

UTILITIES AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984) (USE IF RECORD AND REPRODUCIBLE SHOP

DRAWINGS ARE REQUIRED) ALTERNATE II (APR 1984) USE IF ONLY

RECORD SHOP DRAWINGS ARE REQUIRED) _3_ SET OF PRINTS

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-4 CHANGES (JUN 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2019)

52.245-1 GOVERNMENT PROPERTY (APR 2012) ALT. 1 (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ALTERNATE I (APR 1984)

52.248-3 VALUE ENGINEERING - CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012) – ALTERNATE 1 (SEP 1996)

52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 19) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DEPARTMENT OF HOMELAND SECURITY ACQUISITION

REGULATION (HSAR) CLAUSES (48 CFR CHAPTER 30)

3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE

CONTRACT WORK (DEC 2003)

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY

(DEC 2003)

3052.222-90 LOCAL HIRE (USCG) (JUN 2006)

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES-APPLICABLE

LICENSES AND PERMITS (JUN 2006) (30 days)

3052.223-90 ACCIDENT AND FIRE REPORTING (USCG) (DEC 2003)

3052.228-70 INSURANCE (DEC 2003)

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003)

3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

I.2 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).]

I.3 52.225-11 -- Buy American—Construction Materials under Trade Agreements (OCT 2016)

(a) Definitions. As used in this clause--

“Caribbean Basin country construction material” means a construction material that--

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

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

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

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

(i) A commercial 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.

“Constructi…