Construction Solicitation.pdf

This solicitation is being issued by the US Coast Guard Regional Support Team – Southwest (RST-SW) as a request for proposal. The solicitation number is 31090PR260000124.

The Project title is to install a security fence at USCG Housing in Novato, CA.

This is a total (100%) small business set aside. The NAICS for this action is 238990 All Other Specialty Trade Contractors. The size standard is $19 million.

The Product and Service Code is Y1PZ, Construction of Other Non-Building Facilities

Payment Protection is required no later than 15 calendar days after award.

As required by FAR 36.204, the estimated magnitude of this project is between $25,000 and $100,000.

Work shall commence after review and acceptance of contractor’s submittals by the government, and all work shall be completed within 60 days from the start date. Submittals shall be provided no later than 10 days from award. The performance period is mandatory.

Offers submitted must be valid for a minimum of 30 calendar days.

Offerors interested in a site visit prior to solicitation closing must notify the contracting officer and contract specialist immediately to facilitate access to the worksite. One site visit shall be offered for this requirement. See FAR provision 52.236-27, Site Visit (construction) Alternate I, for more information. Attendance at a site visit is not mandatory and will not influence the outcome of this procurement.

Offerors must be registered at SAM.gov at the time of offer submittal.

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B – Supplies or Services and Prices/Costs

3. Section C – Descriptions/Specifications/Work Statement

4. Section D – Packaging and Marking

5. Section E – Inspection and Acceptance Terms

6. Section F – Delivery or Performance

7. Section G – Contract Administration Data

8. Section H – Special Contract Requirements

9. Section I – Contract Clauses

10. Section J – List of Documents, Exhibits, and Other Attachments

11. Section K – Representations, Certifications, and Other Statements of Offerors

12. Section L – Instructions, Conditions, and Notices to Offerors

13. Section M – Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

31090PR260000124

2. Section B – Supplies or Services and Prices/Costs

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 Install a security fence at USCG Housing in Novato, CA

1 Job

Contract Type: Firm Fixed Price Unit Price Extended Price

Description:

The contractor shall perform the required specified tasks and all implied tasks required by the Statement of Work.

Purchase Requisitions 31090PR260000124

IDC Type: Not Applicable FSC Codes: Y1PZ, Construction of Other Non-Building Facilities NAICS Code: 238990 All Other Specialty Contractors

3. Section C – Description/Specifications/Work Statement

Statement of Work (SOW) For Fencing InstallaƟon at U.S. Coast Guard Housing, Novato, CA

1.0 IntroducƟon / Background

This Statement of Work (SOW) defines the requirements for a contractor to provide all necessary labor, materials, tools, equipment, and supervision to install a new security fence at the U.S. Coast Guard (USCG) owned housing site located at USCG Novato Housing, 277 Oakwood Dr. Novato, CA. The purpose of this project is to enhance the safety and security of USCG personnel and their dependents residing at the facility. The contractor shall be responsible for all aspects of the project as detailed in this document and in accordance with all applicable USCG regulaƟons.

2.0 ObjecƟve

The primary objecƟve is the successful and Ɵmely installaƟon of a new fence system that meets all USCG technical and security requirements, providing a safe and secure boundary for the specified housing area.

3.0 Scope of Work

o Install ornamental fence as shown in the site layout (approximately 350 L.F. Contractor to field verify actual length) See Example photos below for desired asceƟcs.

o Install locking manual swinging vehicle gate to match material and construcƟon of surrounding ornamental fence.

o Install canƟlever manually operated vehicle gate as shown on site layout to match material and construcƟon of surrounding ornamental fence, gate should reach across roadway and have the ability to lock. Approximate width 35 L.F.

o Demolish exisƟng vehicle gate and posts as shown on site layout and photos o Install Chain link fence as shown in site layout with 3 pedestrian gates. (approximately 600 L.F.

across three different locaƟons - Contractor to field verify actual length)

3.1 Tasks

The contractor shall:

o Task 1: Project Management:

o Designate a single point of contact for all project communicaƟons.

o Coordinate all work with the USCG ContracƟng Officer's RepresentaƟve (COR).

o Obtain all necessary federal, state, and local permits.

o Task 2: Site PreparaƟon:

o Perform a site walk-through with the COR to verify all measurements and site condiƟons.

o Contact "Call Before You Dig" services (e.g., 811) and coordinate with the Base Facility

Engineering (FACENG) department to locate all underground uƟliƟes.

o Clear and grub vegetaƟon and debris along the proposed fence line and dispose of properly.

Contractor should expect to remove low lying vegetaƟon, grass small shrubs and some small tree limbs.

o Task 3: Fence InstallaƟon:

o Auger post holes to the depth specified by fence material manufacture’s specs.

o Set all fence posts in concrete, ensuring they are plumb and aligned.

o Tie in both types of gates to each other using appropriate manufacturer’s hardware.

o Task 4: Gate InstallaƟon:

o Install gates as specified in the site plan.

o Ensure all gates are plumbed, swing freely, and are equipped with USCG-approved locking mechanisms.

o Pedestrian gate locking mechanisms should be tamper proof, and be equipped with a mechanical push buƩon unlocking system, cypher lock or similar product.

o Vehicle gate locking mechanisms shall be installed per manufacturer’s recommendaƟons and shall be able to receive a 7/8” padlock style lock (padlock to be provided by Government).

o Task 5: Site Cleanup and RestoraƟon:

o Upon compleƟon, and on a daily basis, remove all construcƟon materials and debris, o disposing of them in a USCG-approved manner.

o Restore any landscape damage caused during construcƟon.

o 4.0 Period of Performance

Work shall commence aŌer review and acceptance of contractor’s submiƩals by the Gov’t, and all work shall be completed within 60 days from the start date. SubmiƩals shall be provided no later than 10 days from award. SubmiƩals include Shop drawings/Product data (see secƟon 5.2), employee background informaƟon (see SecƟon 6.0) and Health and Safety Plan (see secƟon 8.0). Gov’t will take 5 business days from the Ɵme of submiƩal to review and return approved or disapproved.

o 5.0 Technical Requirements o 5.1 Codes and Standards o All work shall comply with the most current ediƟons of all applicable federal, state, and local codes, as well as the following USCG-specific standards:

o U.S. Coast Guard Safety and Environmental Health Manual, COMDTINST M5100.47 (series) o OSHA RegulaƟons o 5.2 Materials and Workmanship o All materials shall be new and conform to the specificaƟons detailed in the table below. See site plan for locaƟon of the different type of fencing materials.

o Contractor to provide shop drawings and product data on all components to be reviewed by

Gov’t for conformance to material specificaƟons, Govt will take 5 business days to review and approve. ConstrucƟon may not start unƟl submiƩals are approved by Gov’t.

o 6.0 Personnel Security and Base Access o Background Checks: All contractor personnel requiring access to the USCG facility must successfully pass a background check as required by USCG security policies, which may include a NaƟonal Crime InformaƟon Center (NCIC) check. The contractor shall submit personnel informaƟon to the USCG COR within 10 days aŌer the award date.

o Access Request: For access to the USCG facility, the contractor is required to submit the name and birthdate for each employee on the approved access request form at least 72 hours before their first day on site (this form will be provided aŌerward).

o IdenƟficaƟon: A Real ID-compliant driver's license or other federally approved idenƟficaƟon is required for base access. Acceptable forms of ID include US Government Dependent ID, Federal PIV Card, TWIC Card, Veteran Health IdenƟficaƟon Card, US Passport, or Permanent Resident Card. Driver's licenses from states that are not Real ID compliant will not be accepted.

o Vehicle Requirements: All contractor vehicles must have valid registraƟon and insurance, and all vehicle operators must have a valid driver's license.

o Conduct: Contractor personnel shall adhere to all base regulaƟons, traffic laws, and security protocols. Contractors must wear company idenƟfying clothing/badging/safety gear, and all contractor vehicles must display company or subcontractor decals.

o 7.0 Work Hours

Work shall be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday, excluding Federal Holidays, unless otherwise authorized in wriƟng by the ContracƟng Officer or

COR.

o 8.0 Safety and Environmental ProtecƟon

The contractor shall submit a site-specific Health and Safety Plan (HASP) for COR approval prior to starƟng work. All operaƟons must comply with the USCG Safety and Environmental Health Manual, COMDTINST M5100.47 (series). The contractor is responsible for proper handling and disposal of any hazardous materials and for immediately reporƟng and containing any spills.

o 9.0 Government Furnished Services

The Government may provide potable water and electrical power at no cost to the contractor where available. All electrical connecƟons shall be in accordance with the NaƟonal Electric Code.

The contractor shall provide and use ground fault circuit interrupter (GFCI) devices when connecƟng to Government power sources. The government will not provide restroom faciliƟes to any of the contractor’s personnel.

o 10.0 Acceptance Criteria

Final acceptance of the work will be granted by the USCG COR aŌer a final inspecƟon confirms that all tasks in this SOW have been completed, the installaƟon meets all technical and safety standards, and the site has been fully restored.

END

4. Section D – Packaging and Marking

RESERVED

5. Section E – Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspected By Accepted At 0001 Destination Government Destination

Clauses incorporated by reference

Article Number Reference Text

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

Clauses incorporated by full text

None

6. Section F – Delivery or Performance

None

52.242-14 52.242-14 SUSPENSION OF WORK (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten 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 60 Days after the start of work. The notice to proceed shall be provided once all submittals are submitted and accepted. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

7. Section G – Contract Administration Data

Requesting Office Address

USCG Novato Local Housing 227 South Oakwood Drive, Novato, CA 94949

COR Office Address

ROBB, CJ R – Phone: (510) 871-0243 & Email: cj.r.robb@uscg.mil

USCG BASE ALAMEDA

COAST GUARD ISLAND BLDG 21

ALAMEDA CA 94501-5100

Issuing Office Address

70Z031 Regional Support Team (RST-11) Alameda Base Alameda Coast Guard Island, Bldg 54-C Alameda CA 94501

Contact Details:

Yutig, Mr. Jesus C Jesus.C.Yutig.CIV@uscg.mil

Payment Office Address

USCG Finance Center 1430A Kristina Way Chesapeake VA 23326-1000

Invoice Instructions

In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S.

Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP: If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP: The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder. The first email will have the IPP Logon ID and a link to the IPP application. A second email, which will be sent within 24 hours of the first email, contains a temporary password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications.

Live webinars are held monthly and provide a great opportunity to learn the basics of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

Toll-free number: 866-973-3131 Email address: IPPCustomerSupport@fiscal.treasury.gov

Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm EST

8. Section H – Special Contract Requirements

RESERVED

9. Section I – Contract Clauses

52.204-9 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL. (JAN 2011)

52.204-10 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.213-4 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JAN 2025)

52.215-8 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT

1997)

52.219-28 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REPRESENTATION

(JAN 2025)

52.222-6 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

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

52.222-12 52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

52.222-14 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-20 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND

EQUIPMENT (JUN 2020)

52.222-50 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-62 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

52.223-3 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (FEB 2021)

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

(MAY 2024)

52.225-13 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.226-7 52.226-7 DRUG-FREE WORKPLACE (MAY 2024)

52.226-8 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (MAY 2024)

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

1997)

52.232-5 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-16 52.232-16 PROGRESS PAYMENTS (NOV 2021)

52.232-23 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

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

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

AWARD MANAGEMENT (OCT 2018)

52.232-39 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

52.236-2 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

52-236-5 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

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

52.236-12 52.236-12 CLEANING UP (APR 1984)

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

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

1997)

52.236-26 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.243-5 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.246-21 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (April 2024) (DHS-USCG DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through

3.905 (DEVIATION).

(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. 4701, as described in HSAR 3.900 (DEVIATION) through

3.905 (DEVIATION).

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

52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

(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 product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (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.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

Not applicable

(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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) 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 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, 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 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material

Domestic construction

Item2:

Foreign construction

Domestic construction

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

For full text language use this website https://www.acquisition.gov/far/

10. Section J – List of Documents, Exhibits, and Other Attachments

Title Description File Name Wage Determination CA Wage Rate Requirement https://sam.gov/wage-determination/CA20260018/0 Novato Security Fence Site Layout Final

Worksite Photos Novato Security Fence Site Layout Final.pdf

11. Section K – Representations, Certifications, and Other Statements of Offerors

52.209-2 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV 2015)

52.236-28 52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It _________will, _________ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that - It _________does, _________ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it _________ does, _________ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _________ does, _________ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, 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.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $19,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it _________ is, _________ is not a small business concern; or

(ii) It _________ is, _________ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________ .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it _________ is, _________ is not, a small disadvantaged business concern as defined in

13 CFR 124.1001.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it _________ is, _________ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it _________ is, _________ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________ .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it _________ is, _________ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________ .]

(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it _________ is, _________ is not a veteran-owned small business concern.

(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it _________ is, _________ is not an SDVOSB concern.

(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision]. The offeror represents as part of its offer that it _________ is, _________ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture_.]

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It _________ is, _________ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It _________ is, _________…