Solicitation Section B-K.doc

DTCG88-04-B-623311

HSCG31-10-Q-PFP128

NOTICE TO OFFERORS

Due to heightened security procedures that are in place at all Coast Guard facilities, offerors are strongly encouraged not to try to personally hand deliver offers or proposals as you will probably not be allowed on the Coast Guard facility. Security personnel are not authorized to accept any packages and no Coast Guard personnel will be available to pick up offers at the front gate. Delivery by FedEx, UPS or other courier services is still acceptable. Packages also can be emailed to. Robert.A.Morgan2@uscg.mil .

Timely submittal of offers and/or proposals is the offeror's responsibility. It is highly recommended that you allow sufficient time for the delivery of your offers or proposals and not wait until the last minute as delivery could be delayed due to the additional security measures. Please also make sure you put Bldg. 42 in the delivery address to insure proper/timely delivery.

All packages/envelopes must have a return address. All packages/envelopes without a return address or suspicious looking packages/envelopes will be subject to search or other security handling procedures and may not be received in a timely manner.

You must return one (1) complete copy of the entire solicitation package to include the SF18 and Section B. The contractor is responsible to review the remaining solicitation, Sections C-M, as these clauses will be incorporated into the final contract. Also, a completed Contractor Responsibility Questionnaire, attached, is requested to assist the Contracting Officer in Determination of Contractor Responsibility.

If your proposal exceeds $10,000.00, please include your Employee ID number in Block 14.

Please mail your proposal to the address cited in Section G.2 of this solicitation. E-mail and Fax submissions of solicitation package will be accepted IAW Section L.9.

For security reasons all Coast Guard drawings are only available through the Federal Technical Data Solutions (FEDTEDS) which will have a separate link on the FEDBIZOPPS web page, identified as Technical Data Package. Offerors will need to register with the Contractors Central Registry FEDTEDS and receive a User Name and password to be able to download Coast Guard drawings, if applicable.

For FEDTEDS registration information visit: https://www.fedteds.gov/

NOTICE FOR FILING AGENCY PROTESTS

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

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address below:

Commandant (G-A) U.S. Coast Guard Headquarters

Acquisition Planning and Performance Measurement

1900 Half St. SW, Room 11-0402

Washington, DC 20593

Telephone: (202) 372-3692

Fax: (202) 475-3904

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

The Contractor’s bid price(s) shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all work in a workman like manner in complete compliance with all plans, drawings, and specifications which are contained in this solicitation.

B.1

BASE BID

Procurement and installation of CCTV at USGC STA MONTEREY , Monterey Bay, CA Bid Item B.1: $_______________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Drawings and Specifications:

The following drawings and specifications apply to this project.

(a) Statement of Work for installation of CCT V at STA MONTEREY C.2 All work shall be performed in strict accordance with the Statement of Work listed above.

SECTION D - PACKAGING AND MARKING

D.1 Not applicable.

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

E.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. The full text of a clause may be accessed electronically at this/these address:

https://www.acquisition.gov/far/index.html

CLAUSE NO.

TITLE:

FAR 52.246-12

Inspection of Construction (AUG 1996)

FAR 52.246-21

Warranty of Construction (MAR 1994)

E.2

CONTRACTOR DAILY REPORTING REQUIREMENT

The Contractor is required to prepare and file a Contractor’s Daily Report, (Form 17-148), for each day of contract performance. This report shall be delivered to, or mailed to the Project Manager on Fridays, and include all work, equipment, tests, and activities completed in the previous work week. Report shall be numbered, dated and signed by the Contractor. Failure to submit the daily reports at weeks end could result in payments being delayed until such time as all daily reports are current.

E.3

CONTRACTING OFFICER’S REPRESENTATIVE

A Contracting Officer’s Representative (COR), for the purpose of representing the Contracting Officer and assuring contractor compliance with the contract requirements, will be designated. The COR has no authority to issue orders/directions which effect cost, money or time.

The Contracting Officer’s Representative (COR), is authorized to issue notices regarding noncompliance with contract requirements, and to stop work on any portion of the job if the contractor’s methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work.

E.4

FINAL INSPECTION

Final inspection, punch list, acceptance and cleanup of the project site are to be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer or his authorized representative.

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 FIVE (5) 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 THIRTY (30) CALENDAR DAYS after the contractor receives the Notice to Proceed (NTP)*. The time specified for completion shall include final cleanup of the premises.

(End of clause)

*The Notice to Proceed will not be issued until after receipt and approval of schedule, insurance and any applicable bonds.

F.2

CONTRACTOR LIABILITY

If the Contractor fails to complete the work within the time specified, or any extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred by the Government due to any inexcusable delay caused by the Contractor until actual contract completion. Actual damages will consist of, but not be limited to the following types of costs: Coast Guard Contracting Officer Representative (COR), Project Manager (PM), Inspector and Contracting Officer hours and costs spent on the project past the contract completion date; costs the Coast Guard incurs in performing a Network Activity Schedule (NAS) if the contractor fails to show how and when completion occurs, if the contractor slips past the contract completion date or would appear to not be able to finish by the contract completion date; technical support contract costs in supporting the Coast Guard in this period past the contract completion date. The above actual damages are in addition to other contractual, regulatory, statutory, and Federal Common Law remedies, protection and damages.

F.3

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

TITLE

FAR 52.242-14

SUSPENSION OF WORK (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

CONTRACT ADMINISTRATION

Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, review and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

The individual appointed as Contracting Officer for this procurement is identified in Block 5b. of the SF-18, Request for Quote Form.

G.2

ADDRESS OF CORRESPONDENCE

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

Overnight Mail Address and U.S. Mail Address:

U.S. Coast Guard

Base Support Unit Alameda Procurement Division

Coast Guard Island, Bldg 42 Alameda, CA 94501-5100 Attn: Mei Chan – Contracting Officer Telephone Numbers: Commercial: (510) 437-3195

FAX: (510) 437-2793

Office hours:

8:00 A.M. to 4:30 P.M. Pacific Standard Time

Monday thru Friday (Except Federal Holidays)

NOTE: Include Contract Number on all correspondence.

G.3

REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, Insurance-Work on a Government Installation, (JAN 1997), the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the following minimum insurance coverage's. The Contractor shall furnish this certificate before commencing work at the job site. In addition, the Contractor shall maintain a certificate of insurance for each subcontractor working at the job site.

MINIMUM COVERAGE REQUIRED

Type of Accident

Bodily Injury

Bodily Injury

Property Damage per Person per Occurrence per Occurrence

Comprehensive

General Liability

$500,000

Automobile

Liability

$200,000

$500,000

$20,000

Workmen’s Compensation: As required by Federal and State law.

Employer’s Liability: As required by Federal and State law, $100,000 minimum.

Full insurance coverage in accordance with the United States Longshoremen's and Harbor Worker's Compensation Act 33 U.S.C. 901 et seq will be required when a specific project involves operations in or on piers or waterways.

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

G.4

INVOICING REQUIREMENTS

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008). This clause is incorporated by reference in Section I, Contract Clauses.

(b) Invoice shall be submitted in original to the Contracting Officer.

(c) Contractors are directed to contact the U.S. Coast Guard Finance Center Customer Service at 757-523-6940 or toll-free 800-564-5504, concerning payment information.

Website: https://www.fincen.uscg.mil G.5

METHOD OF PAYMENT

In accordance with FAR Clause 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRATION (OCT 2003), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

For Registration Assistance: CCR Customer Service Contact Information Toll-Free Phone Number 888-227-2423 Outside U.S. : 269-961-4725 Website: http://www.ccr.gov G.6

CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment form the proceeds of the progress of final payment then due him, to their subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor’s Release, DHS Form 0700-03. Failure to submit this completed release shall result in delay of final payment.

G.7

PRE-CONSTRUCTION CONFERENCE

The Contractor, at no additional expense to the Government, shall attend a pre-construction conference at U.S. Coast Guard Base Support Unit Alameda on a date and time to be designated by the Contracting Officer. See also FAR Clause 52.236-26 incorporated by reference in Section I.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1

PRICING OF REQUEST FOR EQUITABLE ADJUSTMENT

The cost principles and procedures of FAR Subpart 31.2, prescribed by Federal Acquisition Regulations (FAR) Subpart 31.105, are incorporated in this contract.

(a) The Contractor shall submit detailed price proposals for all Contract Modification Requests, and/or changes in the work to the Contracting Officer when requested, within 20 calendar days after receipt of request or such other time as prescribed by the Contracting Officer. The proposal must consist of an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment and overhead at both the prime and subcontractor levels and must cover all work involved whether such work was deleted, added or changed. An itemized breakdown will not be required for proposals amounting to less than $2,500.00. In addition, if your proposal includes a request for a time extension clearly show the effect of the modification/change on your construction schedule including which activities will be impacted, the extent of the impact, and an explanation of why the remainder of the schedule can’t be adjusted to reduce this impact.

(b) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement the Contracting Officer may, under the authority of the Changes and Changed Conditions Clause of this contract (FAR 52.243-5), issue a Change Order instructing you to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when a Change Order is issued, you must submit a price proposal following the procedure in (a), above, for the equitable adjustment within 20 calendar days, or such other time as prescribed by the Contracting Officer.

(c) The Contracting Officer may consider issuing a unilateral modification to the contract, if your proposal, prepared as required by paragraphs (a) and (b) of this clause, is not received within the required time, or if agreement is not reached.

(d) The proper measure of the amount of downward adjustment to the contract price when the change involves credit to the Government is your reasonable costs had you performed the deleted work. Also, a reasonable allowance for overhead and profit included as part of the downward adjustment for deductive changes. This allowance is subject to negotiations.

(e) Bond premium adjustment, consequent upon changes ordered, will be made based upon the bond percentages as reflected on your Payment and Performance Bonds.

(f) Equipment rental charges shall be based upon the following:

(1) Rental equipment will be priced at the actual rate paid at the equipment rental supplier’s quoted rate for the time the equipment was actually used on the changed work.

(2) Owned equipment shall be priced at the lower of either the actual costs as reflected in the equipment owner’s accounting records or the Dataquest “Rental Rate Blue Book”

H.2

CONTRACTOR INITIATED CHANGES

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

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

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

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

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

THE GOVERNMENT MAY REJECT ANY REQUEST THAT DOES NOT PROVIDE ALL OF THE ABOVE INFORMATION IN A SINGLE SUBMISSION.

H.3

SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413 to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory ’’flow-down’’ contract clauses have been included in his contract in accordance with FAR Clause 52.222-11 (FEB 1988). You will be given a copy of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.4 SUPERINTENDENCE BY CONTRACTOR

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

SECTION I - CONTRACT CLAUSES CONSTRUCTION

I.1

FAR 52.219.28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern 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 criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it o is, o is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I.2 FAR 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS

(FEB2009)

(a) Definitions. As used in this clause—

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), 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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material 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 Act 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 Act 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 Act.

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3

FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follow: (indicated in bold print)

(1) FAR Clause 52.232-27 Prompt Payment for Construction (SEP 2005)

(a) Invoice payments (a)(1)(i)(A) the due date for making such payments shall be 30 days after receipt of the payment request by the designated billing office.

(2) Payments will not be made more frequently than once per month. When an invoice is received fewer than 30 days after receipt of a previous invoice, it shall be returned to the contractor without action.

(End of Clause)

I.4

HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States

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

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

Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security

Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security

(including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal

Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and

Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the

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

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

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

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

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the

Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

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

(End of clause)

I.5

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

FAR 52.204-7

Central Contractor Registration (APR 2008)

FAR 52.204-9

Personal Identity Verification of Contractor Personnel (SEP 2007)

FAR 52.209-6

Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

FAR 52.215-8

Order of Precedence – Uniform Contract Act (OCT 1997)

FAR 52.219-6

Notice of Total Small Business Set-Aside. (JUN 2003)

FAR 52.222-3

Convict Labor (JUN 2003)

FAR 52.222-6

Davis-Bacon Act (JUL 2005)

FAR 52.222-7

Withholding of Funds (FEB 1988)

FAR 52.222-8

Payrolls and Basic Records (FEB 1988)

FAR 52.222-9

Apprentices and Trainees (JUL 2005)

FAR 52.222-10

Compliance with Copeland Act Requirements (FEB 1988)

FAR 52.222-11

Subcontracts (Labor Standards) (JUL 2005)

FAR 52.222-12

Contract Termination-Debarment (FEB 1988)

FAR 52.222-13

Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

FAR 52.222-14

Disputes Concerning Labor Standards (FEB 1988)

FAR 52.222-15

Certification of Eligibility (FEB 1988)

FAR 52.222-21

Prohibition of Segregated Facilities (FEB 1999)

FAR 52.222-26

Equal Opportunity (MAR 2007)

FAR 52.222-27

Affirmative Action Compliance Requirements for Construction

(FEB 1999)

FAR 52.222-36

Affirmative Action for Workers with Disabilities (JUN 1998)

FAR 52.222-50

Combating Trafficking in Persons (FEB 2009)

FAR 52.223-2

Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007)

FAR 52.223-3

Hazardous Material Identification and Material Safety Data (JAN 1997)

Alternate I (JUL 1995)

FAR 52.223-5

Pollution Prevention and Right-to-Know Information (AUG 2003)

FAR 52.223-12

Refrigeration Equipment and Air Conditioners (MAY 1995)

FAR 52.223-15

Energy Effciency in Energy Consuming Products (DEC 2007)

FAR 52.223-17

Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)

FAR 52.225-13

Restrictions on Certain Foreign Purchases (FEB 2006)

FAR 52.227-1

Authorization and Consent (DEC 2007)

FAR 52.228-2

Additional Bond Security (OCT 1997)

FAR 52.228-5

Insurance Work on a Government Installation (JAN 1997)

FAR 52.228-11

Pledge of Assets (SEP 2009)

FAR 52.228-12

Prospective Subcontractor Request for Bonds (OCT 1995)

FAR 52.228-13

Alternative Payment Protections (JUL 2000) (a) (i) A payment bond (See Section L). (ii) An irrevocable letter of credit (ILC). (c) 10

FAR 52.228-14

Irrevocable Letter of Credit (DEC 1999)

FAR 52.232-5

Payments under Fixed Price Construction Contracts (SEP 2002)

FAR 52.232-23

Assignment of Claims (JAN 1986)

FAR 52.232-27

Prompt Payment for Construction Contracts (OCT 2008)

FAR 52.232-33

Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

FAR 52.233-1

Disputes (JUL 2002)

FAR 52.233-3

Protest After Award (AUG 1996)

FAR 52.233-4

Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.236-2

Differing Site Conditions (APR 1984)

FAR 52.236-3

Site Investigation and Conditions Affecting the Work (APR 1984)

FAR 52.236-5

Material and Workmanship (APR 1984)

FAR 52.236-6

Superintendence by the Contractor (APR 1984)

FAR 52.236-7

Permits and Responsibilities (NOV 1991)

FAR 52.236-8

Other Contracts (APR 1984)

FAR 52.236-9

Protection of Existing Vegetation, Structure, Equipment, Utilities, and

Improvements (APR 1984)

FAR 52.236-10

Operations and Storage Areas (APR 1984)

FAR 52.236-11

Use and Possession Prior to Completion (APR 1984)

FAR 52.236-12

Cleaning Up (APR 1984)

FAR 52.236-13

Accident Prevention (NOV 1991) Alternate I (NOV 1991)

FAR 52.236-14

Availability and Use of Utility Services (APR 1984)

FAR 52.236-17

Layout of Work (APR 1984)

FAR 52.236-21

Specifications and Drawings For Construction (FEB 1997)

FAR 52.236-26

Pre-construction Conference (FEB 1995)

FAR 52.243-5

Changes and Changed Conditions (AUG 1987)

FAR 52.244-6

Subcontracts for Commercial Items (FEB 2006)

FAR 52.245-1

Government Property (JUN 2007)

FAR 52.245-9

Uses and Charges (JUN 2007)

FAR 52.249-1

Termination for Convenience of the Government (Fixed-Price)(Short Form) (APR 1984)

FAR 52.249-10

Default (Fixed-Price Construction) (APR 1984)

FAR 52.253-1

Computer Generated Forms (JAN 1991)

I.6 THE FOLLOWING DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE HEREBY INCORPORATED

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opo_hsar_jun_2006.pdf

CLAUSE NO

TITLE

HSAR 3052.222-70

Strikes or Picketing Affecting Timely Completion of the Contract Work (JAN 2006)

HSAR 3052.222-71

Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) HSAR 3052.222-90 Local Hire (JUN 2006)

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUN 2006)

Contractor must obtain all licenses and permits within 10 days of award

HSAR 3052.223-90

Accident and Fire Reporting (DEC 2003)

HSAR 3052.228-70

Insurance (DEC 2003)

HSAR 3052.242-71

Dissemination of Contract Information (DEC 2003)

HSAR 3052.242-72

Contracting Officers Technical Representative (DEC 2003)

HSAR 3052.245-70

Government Property Reports (JUN 2006)

SECTION J - LIST OF ATTACHMENTS

J.1

ATTACHMENTS

The following listed attachments are a part of this solicitation and any resulting contract:

1. Statement of Work for Bldg 16 curb repair at Coast Guard Island, Alameda, CA, 19 pages

2. General Wage Decision CA29, CA100029 dtd 04/02/2010.

3. Contractor’s Responsibility Questionnaire.

4. Contractor's Request for Clarification form.

Note: All questions pertaining to this solicitation shall be submitted on the above form and sent to the Contracting Officer. The questions should be emailed to mei.s.chan@uscg.mil . Please be sure to fill in the solicitation Number and brief description of the project.

SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFEROR’S

K.1

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act…