IFB_WATERFRONT_CASTLE_HILL_PRV271.pdf

INVITATION FOR BID

SOLICITATION NUMBER: 70Z0G118BPRV27100

ISSUED: 10 August 2018

QUESTIONS DUE: 24 August 2018, AT 2:00 PM LOCAL TIME, WARWICK, RI

BIDS DUE: 10 September 2018, AT 2:00 PM LOCAL TIME, WARWICK, RI

FOR: USCG STATION CASTLE HILL WATERFRONT REPAIRS

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 24)

a) See Section L for instructions

b) Sign and return ONE original of the entire solicitation form (see SF 1442, Section B and

Section K)

2. Before submitting your bid, please recheck the following:

a) Does your bid set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

b) Have you rechecked your figures, including calculations on your work sheets?

c) Have you completed and signed all required documents?

d) Have you included a bid guarantee? A 20% bid guarantee (SF 24) is required.

3. Bidders offering less than 90 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Submit any QUESTIONS to the Contract Specialist via email at JEAN.M.BRETZ@USCG.MIL

5. Email, telegraphic, telephonic, or facsimile bids will not be accepted.

6. Bid results will be available on-line at www.fbo.gov.

7. This solicitation is issued as a 100% Total Small Business Set-aside.

8. Bidder shall include all APPLICABLE Federal, State, and Local taxes in their bid price.

A tax exempt number will not be provided.

mailto:JEAN.M.BRETZ@USCG.MIL http://www.fbo.gov/

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative

Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the

Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the

Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the

OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

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

The Ombudsman Hotline telephone number is 202.372.3695 mailto:OPAP@uscg.mil

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70Z0G118BPRV27100

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. Date Issued

10 Aug 2018

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2118G18PRV271

6. PROJECT NO.

7250684

7. ISSUED BY CODE 51283 8. ADDRESS OFFER TO

Contracting Officer

USCG Civil Engineering Unit Providence

475 Kilvert Street

Suite 100

Warwick, RI 02886

USCG Civil Engineering Unit Providence

Attn: Jean Bretz

475 Kilvert Street

Suite 100

Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Jean Bretz

Contracting Officer

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

401-736-1765 / jean.m.bretz@uscg.mil

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):

70Z0G118CPRV27100, USCG STATION CASTLE HILL WATERFRONT REPAIRS, NEWPORT, RI

(NEWPORT COUNTY)

CAUTION TO BIDDERS: You are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve you from the responsibility for estimating properly the difficulty or cost of successfully performing the work. IMPORTANT: See

Section L for site visit information.

Magnitude of Construction is estimated to be between $250,000 and $500,000. Applicable NAICS Code is 237990, Other Heavy and Civil Engineering Construction, with a Small Business Size Standard of $36.5 Million.

BIDDER SHALL INCLUDE ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES IN THEIR BID PRICE.

A tax exempt number will not be provided.

11. The contractor shall begin performance within 10 calendar days and complete the work within 150 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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 2:00 P.M. (hour) local time 09/10/2018 (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) mailto:jean.m.bretz@uscg.mil

FAR 53.301-1442 Page 2 FEDERAL ACQUISITION REGULATION OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO./FAX NO. (Include area code)

TIN NO: ______________________

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

DUNS NO: ___________________

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

Total Lump Sum Bid: ____________________________________________

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

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 2304I ( 5 ) 41 USC USC 253I ( )

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

USCG Civil Engineering Unit Providence

Attn: J.M. Bretz

475 Kilvert Street

Suite 100

Warwick, RI 02886

COMMANDING OFFICER (0324)

USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326-0324

For payment inquiries, call (757)523-6940

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)

Jean M. Bretz, Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 (Rev. 4-85)

PSN: 7250684 Solicitation# 70Z0G118BPRV27100

TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 3

X | B | SUPPLIES OR SERVICES AND PRICES/COSTS 4

X | C | DESCRIPTION/SPECS/WORK STATEMENT 4

| D | PACKAGING AND MARKING 4

X | E | INSPECTION AND ACCEPTANCE 4

X | F | DELIVERIES OR PERFORMANCE 5

X | G | CONTRACT ADMINISTRATION DATA 5

X | H | SPECIAL CONTRACT REQUIREMENTS 7

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 10

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 16

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 17

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 21

X | M |EVALUATION FACTORS FOR AWARD 24

SECTION A

SOLICITATION/CONTRACT FORM

A.1 The estimated magnitude of this project is between $250,000 and $500,000.

A.2 Performance Bonds and Payment Bonds will be required for 100% of the total award amount.

A.3 The NAICS code for this project is – 2372990 – Other Heavy and Civil Engineering construction, with a

Small Business Size Standard of $36.5 Million.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

Contractor shall provide labor, materials, equipment, supervision, transportation, and disposal to complete work consisting of waterfront repairs at CG Station Castle Hill, Newport, RI (Newport county). Work includes, but is not limited to: providing expansion joint material, repairing concrete spalls, repairing chain link fencing, and patching disintegration on concrete seawall; providing stringer connection hardware to connect timber pile caps, remove/provide 17 new concrete caisson encasements with 42” diameter Fiberglass Reinforced Polymer wraps around 36” steel pipe caisson under the Boat House Pier; repairing 4 SF of floating dock membrane delamination, and cleaning/recoating three 6 ft sections of 16” diameter steel guide pile on floating docks.

All work shall be accomplished in accordance with the contract terms and conditions of this contract, Specifications (PSN 7250684), Drawing No. P7250684 (9 sheets), and the applicable wage rates incorporated herein.

TOTAL LUMP SUM PRICE: $___________________________________________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be accomplished in accordance with contract terms and conditions, as well as the documents listed in Section J.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996). This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 150 calendar days after the date the Contractor receives the notice to proceed

(includes 60 days for option). The time stated for completion shall include final cleanup of the premises.

F.2 SUSPENSION OF WORK (FAR 52.242-14) (APR 1984). This clause is incorporated by reference.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, "Prompt Payment for Construction Contracts." Payments will not be made more frequently than once per month.

(b) Each invoice shall contain the following information:

(1) Contract and Delivery/Task Order 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

NOTE: SCANNED INVOICES FOR FINAL PAYMENT SHALL BE ACCOMPANIED BY A FULLY

EXECUTED CONRACTOR’S RELEASE, DHS FORM 700-3.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: CEUPROV

(from FinCen website; no hyphen)

(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 shall also be e-mailed to the Contract

Specialist, and COR (CPM) at the addresses cited below:

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

Contracting Officer: jean.m.bretz@uscg.mil

Construction Project Manager/COR: Steven.M.Simpson2@uscg.mil

Construction Inspector: Steve.Barney@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

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

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

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

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with 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.2 CONTRACT ADMINISTRATION

This contract will be administered by the Contract Specialist, U.S. Coast Guard, Civil Engineering Unit

Providence. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer/Contract Specialist at:

USCG, Civil Engineering Unit Providence

Attn: Jean Bretz, Contracting Officer

475 Kilvert Street, Suite 100, Warwick, RI 02886

Tel: (401) 736-1765

E-mail: jean.m.bretz@uscg.mil mailto:Steven.M.Simpson2@uscg.mil mailto:Steve.Barney@uscg.mil https://www.fincen.uscg.mil/secure/payment.htm

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5) (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting

Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.2 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the

Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage

Accident Per Person Per Accident Property

Comprehensive

General Liability $500,000

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

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

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33

USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. 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.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.3 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the

Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with FAR Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.4 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the

Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the

CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests, for changes to the contract (other than corrective), shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the Contractor.

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

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.5 PRICING OF ADJUSTMENTS

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

Federal Acquisition Regulation Part 31.

H.6 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG) (HSAR 3052.228-

90) (DEC 2003)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime Contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal

Government and any private party.

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

______________________________ (Name)

______________________________ (Street Address)

______________________________ (City, State, Zip Code)

______________________________ (Contact and Telephone No.)

H.7 GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation

Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the

Department of Homeland Security is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following

Government or Industry Internet sites:

Recycled Products are described at http://epa.gov/cpg

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are at http://energystar.gov/products for Energy Star products

Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated products

Environmentally Preferable Computers are at http://www.epeat.net

Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html

Water efficient plumbing products are at http://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR

52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated

Items in Service and Construction Contracts, contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content.

In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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.acquisition.gov/comp/far/index.html

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006

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 Postconsumer Fiber Content Paper MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016

52.204-13 Systems for Award Management Maintenance OCT 2016

52.204-14 Service Contract Reporting Requirements OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-6 Protecting the Government's Interest when Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984

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 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding OCT 2010

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside NOV 2011

52.219-14 Limitations on Subcontracting JAN 2017

52.219-28 Post-Award Small Business Program Re-representation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAY 2018

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirement 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 Requirements and Related 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 Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 http://www.acquisition.gov/comp/far/index.html

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 MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wage Under Executive Order 13658 DEC 2015

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 JAN 1997

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

52.223-6 Drug-Free Workplace MAY 2001

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners. JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts MAY 2008

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 and Copyright Infringement DEC 2007

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.227-17 Rights in Data – Special Works DEC 2007

52.228-1 Bid Guarantee (20%, use form SF24) (Perf & Pay Bonds 100% of Award) SEP 1996

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests For Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance & 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

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment For Construction Contracts paragraph (a)(1)(i)(A)

(“30 days” in lieu of “14 days”) JAN 2017

52.232-33 Payment by Electronic Funds Transfer – System of Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Contractors DEC 2013

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 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, & 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

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction (ALT I APR 1984) FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items NOV 2017

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering - Construction OCT 2015

52.249-2 Termination for Convenience of the Government (Fixed-Price) (ALT I SEP 1996) APR 2012

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

52.253-1 Computer Generated Forms JAN 1991

The following Homeland Security Acquisition Regulation (HSAR) clauses are also incorporated by reference:

3052.205-70 Advertisements, Publicizing Awards, and Releases .................................................... SEP 2012

3052.209-70 Prohibition on Contracts with Corporate Expatriates………………………………..JUN 2006

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…………………………………………………………………………... JUN 2006

3052.223-90 Accident & Fire Reporting ......................................................................................... DEC 2003

3052.228-70 Insurance .................................................................................................................... DEC 2003

3052.242-72 Contracting Officer's Technical Representative ......................................................... DEC 2003

I.2 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (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 FAR clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

I.3 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (FAR 52.203-17)(APR 2014) (DHS-USCG DEVIATION

14-01 SEPT 2013)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for

Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY

2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3. 908 of the FAR.

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

I.4 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA

DESIGNATED PRODUCTS (FAR 52.223-9)(May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to ___________ [Contracting Officer complete in accordance with agency procedures].

I.5 BUY AMERICAN - CONSTRUCTION MATERIALS (FAR 52.225-9) (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 https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ 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

(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:

[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.

https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(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

I.6 CONTRACTOR EMPLOYEE ACCESS (HSAR 3052.204-71) (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section

552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information

Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of

Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the

Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the

Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the

Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

SECTION J

LIST OF ATTACHMENTS

1. Specification for Waterfront Repairs, CG Station Castle Hill, Newport, RI (PSN 7250684)

2. Drawing No. P7250684 (9 sheets)

3. Wage Determination: RI180001 08/03/2018 (RI1)

4. SF-24 Bid Bond form

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (JAN 2018)

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

(2) The small business size standard is…