Solicitation Document IFB 70Z0G121BPRV01100 DREDGE CHANNEL AT US COAST GUARD STA EATONS NECK.pdf

INVITATION FOR BID

SOLICITATION NUMBER: 70Z0G121BPRV01100

ISSUED: 4 DECEMBER 2020

QUESTIONS DUE: 17 DECEMBER 2020 AT 4:00 PM LOCAL TIME, WARWICK, RI

BIDS DUE: 5 JANUARY 2021 AT 2:00 PM LOCAL TIME, WARWICK, RI

FOR: DREDGE CHANNEL AT USCG STATION EATONS NECK NORTHPORT,

NEW YORK (SUFFOLK COUNTY), PSN #6642216

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 29)

a) See Section L for instructions

b) Sign and return ONE original of the entire solicitation form (see SF 1442, Section B, Section I and Section K for applicable fill-in information).

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 60 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Submit any QUESTIONS to the Contracting Officer via email at Teresa.L.Lamphere@uscg.mil not later than

17 DECEMBER 2020, AT 4:00 PM LOCAL TIME, WARWICK, RI.

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

6. Bid results will be available on-line at https://beta.sam.gov/

7. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Parts 5, 14, & 19.

8. Bidder shall include all APPLICABLE Federal, State, and Local taxes in their bid price. A tax exempt number will not be provided.

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

10. The Government reserves the right to cancel this solicitation, either before or after the closing date.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

(GAO).

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

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

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

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

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

The Ombudsman Hotline telephone number is 202.372.3695

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70Z0G121BPRV01100

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. Date Issued

4 DEC 2020

PAGE OF PAGES

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

4. CONTRACT NO.

70Z0G121CPRV01100

5. REQUISITION/PURCHASE REQUEST NO.

2121G11PRV011

6. PROJECT NO.

6642216

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: Teresa L. Lamphere 475 Kilvert Street Suite 100 Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Teresa L. Lamphere Contracting Officer

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

860-271-2885

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):

DREDGE CHANNEL AT USCG STATION EATONS NECK, NORTHPORT, NY (SUFFOLK COUNTY), PSN #6642216.

Contractor shall provide all personnel, equipment, materials, and all other items and services required to perform maintenance dredging of the entrance channel into the mooring basin of USCG Station Eaton’s Neck and all incidental related work. Dredging work is restricted to mechanical methods. The total estimated amount of material to be removed from the channel is 6,000 cubic yards (CY) of sand, gravel and cobbles. Due to the scheduling restrictions in the NY DEC dredging permit, all dredging work shall be completed no later than 24 March 2021. In the event that the post-dredge survey indicates that the specified dredge limits have not been met by 24 March, the contractor shall use the time remaining in the month of March to correct the deficiencies. No work is permitted after 31 March due to permitting and environmental restrictions.

SPECIAL NOTES: The contractor shall conduct dredging operations so that navigation through the channel is possible at all times.

The dredge quantity of 6,000 CY is an estimate based on an average of the annual dredging over the last 5 years. The Contractor shall provide a cost for dredging per CY which will be used for any necessary contract cost adjustment resulting from dredging more or less than the estimated 6,000 CY within the limits of dredge. Contractor will be compensated for actual quantity of dredge material removed and disposed within the limits of dredge as shown on the plans. The dredge disposal site location is to be the west 400 feet of the CG Beach as identified in ACOE Permit #NAN-2016-00301.

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 your from the responsibility for estimating properly the difficultly or cost of successfully performing the work. (See L.7 Site Visit)

ESTIMATED VALUE OF THE PROJECT: $250,000 to $500,000. NAICS: 237990. Small Business Size Standard: $30.0 Mil.

BIDDER SHALL INCLUDE ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES IN THEIR BID PRICE. A tax exempt number will not be provided. It is the responsibility of the bidder to determine if any state or local tax exemptions are applicable.

11. The contractor shall begin performance within 10 calendar days and complete the work within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. SEE SECTION F PARAGARPH F.1

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 1/5/2021 (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 60 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)

FAR 53.301-1442 70Z0G121CPRV01100 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)

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

DUNS NO: ___________________ EIN:___________________

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

BIDDERS SHALL COMPLETE AND SUBMIT PRICING SCHEDULE PROVIDED IN SECTION B WITH

THEIR BID.

TOTAL BID PRICE : $__________________________________________________

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

2/P/101/137/43/0/RV/30196/2540

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 ( ) 41 USC USC 253I ( )

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

USCG Civil Engineering Unit Providence Attn: Teresa L. Lamphere 475 Kilvert Street Suite 100 Warwick, RI 02886

(860) 271-2885

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)

Teresa L. Lamphere, Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 (Rev. 4-85)

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

SECTION A

SOLICITATION/CONTRACT FORM

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 5

| D | PACKAGING AND MARKING 5

X | E | INSPECTION AND ACCEPTANCE 5

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 18

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 18

X | L |INST. CONDITIONS, AND NOTICES TO OFFERORS 26

X | M |EVALUATION FACTORS FOR AWARD 29

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

Contractor shall provide all personnel, equipment, materials, and all other items and services required to perform maintenance dredging of the entrance channel into the mooring basin of USCG Station Eaton’s Neck and all incidental related work. Dredging work is restricted to mechanical methods. The total estimated amount of material to be removed from the channel is 6,000 cubic yards (CY) of sand, gravel and cobbles. Due to the scheduling restrictions in the NY DEC dredging permit, all dredging work shall be completed no later than 24 March 2021. In the event that the post-dredge survey indicates that the specified dredge limits have not been met by 24 March, the contractor shall use the time remaining in the month of March to correct the deficiencies. No work is permitted after 31 March due to permitting and environmental restrictions.

All work shall be accomplished in accordance with project specifications for PSN 6642216, Drawings for PSN 6642216 (3 sheets), USACE and NYSDEC Permits, and the applicable wage rates incorporated into the solicitation. All permits have been secured.

SPECIAL NOTES: The contractor shall conduct dredging operations so that navigation through the channel is possible at all times. The dredge quantity of 6,000 CY is an estimate based on an average of the annual dredging over the last 5 years. The Contractor shall provide a cost for dredging per CY which will be used for any necessary contract cost adjustment resulting from dredging more or less than the estimated 6,000 CY within the limits of dredge. Contractor will be compensated for actual quantity of dredge material removed and disposed within the limits of dredge as shown on the plans. The dredge disposal site location is to be the west 400 feet of the CG Beach as identified in ACOE Permit #NAN-2016-00301.

PRICING SCHEDULE (TO BE SUBMITTED WITH YOUR BID):

ITEM 0001A: Dredge and dispose of 6,000 cubic yards of dredged material at USCG Beach Site per the USACE and NY DEC permits.

6,000 CY X $__________/CY = $________________________

ITEM 0001B: Pre & Post Dredge Surveys

1 LS $____________________________

ITEM 0001C: This item includes all other costs, such as Mobilization/Demobilization, Progress Schedule, Construction Submittals, and Environmental Controls.

1 LS $____________________________

TOTAL LUMP SUM BID PRICE: $______________________________________

(SUM OF ITEMS 0001A, 0001B AND 0001C)

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

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 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996).

This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 110 calendar days* after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

NOTE: Due to the scheduling restrictions in the NY DEC dredging permit, all dredging work shall be completed not later than 24 March 2021. In the event that the post-dredge survey indicates that the specified dredge limits have not been met by 24 March 2021, the contractor shall use the time remaining in the month of March to correct the deficiencies. No in-water work is permitted after 31 March 2021 due to permitting and environmental restrictions.

F.2 FAR 52.242-14 SUSPENSION OF WORK (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:

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

(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

(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

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

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

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:

Contract Specialist: Teresa L. Lamphere, email address: teresa.l.lamphere@uscg.mil COR (CPM): Mike Black, email address: brett.a.foster@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.

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

(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, CEU Providence Attn: Teresa L. Lamphere 475 Kilvert Street, Suite 100 Warwick, RI 02886

(860) 271-2885 Teresa.L.Lamphere@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

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.

In accordance with FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the certificate of insurance shall also indicate that a 30 day notice of cancellation applies. Any cancellation or material change, adversely affecting the Government’s interest, shall not be effective until 30 days after the insurer or Contractor gives written notice to the Contracting Officer.

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

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100 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 HSAR 3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG)

(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:

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

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, which may be 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 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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 JUN 2020 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 JUN 2020 52.204-13 Systems for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirement OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting For Certain Telecommunications and Video Surveillance AUG 2020

Services or Equipment (Deviation 20-05, Rev. 1) 52.209-6 Protecting the Government's Interest when Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment JUN 2020 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

52.214-26 Audit and Records-Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications- Sealed Bidding JUN 2020 52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding JUN 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Re-representation NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAR 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 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 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 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 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 & Payment Bonds – Construction JUN 2020 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 paragraph (a)(1)(i)(A) (“30 days” in lieu of “14 days”) JAN 2017

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

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 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 2020 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering - Construction OCT 2020 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 3052.211-70 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 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

I.3 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(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 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

I.5 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)(DHS-USCG DEVIATION

2019-01 AUG 2019)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

I.6 FAR 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

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

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

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(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.

Solicitation #: 70Z0G121BPRV01100 Contract #: 70Z0G121CPRV01100

(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