Solicitation_Provisions_-_Sections_B-M.pdf

HSCG31-16-Q-PQQ042

SECTION B - SCHEDULE OF SUPPLIES/SERVICES

The contractor shall provide all management, supervision, labor, supplies, materials, equipment, tools and transportation necessary to Replace Ridge Cap Vent on Building 5A for U.S. Coast Guard, Base Alameda, Alameda, CA. All work shall be performed in accordance with USCG Specifications/SOW (attached), and the clauses and provisions incorporated herein.

Item No. Description of Services Qty Unit Amount

0001 Replace Ridge Cap Vent on Building 5A 1 JB $________

GRAND TOTAL: $_______________________

(Insert Offer Amount in block 17, page 2, of SF-1442 as well).

*A detailed cost breakdown shall be submitted with your offer.

DUNS Number

Tax ID Number

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Drawings and Specifications:

See Attached.

SECTION D - PACKAGING AND MARKING

D.1 Not applicable.

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 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(COR or Technical POC) 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.2 CONTRACTING OFFICER’S REPRESENTATIVE/TECHNICAL POC

A Contracting Officer’s Representative (COR) or a technical POC, for the purpose of representing the Contracting Officer and assuring contractor compliance with the contract requirements, may be appointed. Neither of these have authority to issue orders/directions which effect cost, money, or time. ONLY THE CONTRACTING OFFICER CAN DO

THIS.

The COR or technical POC, 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.3 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 commence work under this contract within TEN (10) CALENDAR DAYS after award, and complete all the work not later than FORTY FIVE (45) CALENDAR DAYS after the award. The time specified for completion shall include final cleanup of the premises. NOTE: Issuance of the Purchase Order will constitute your “Notice to Proceed.” You will have 45 calendar days from the date of the Notice of Award (NOA) to complete this project. On-site work CANNOT commence until acceptable bonds, insurance certificate, and a construction schedule are received and approved by this contracting office; these SHALL be submitted within ten (10) calendar days of receipt of the NOA document.

F.2 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR

(APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least TWENTY (20) percent of the total amount of work to be performed under the contract.

This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the contracting Officer determines that the reduction would be to advantage of the Government.

(End of clause)

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.

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 Alameda Coast Guard Island, Bldg 42, P&C Department Alameda, CA 94501-5100 Attn: Contracting Officer

Telephone Numbers: Commercial: (510) 437-3194

FAX: (510) 437-2793

Office hours: 7:30 A.M. to 4:00 P.M. Pacific Standard Time

Monday thru Friday (Except Federal Holidays)

*** Please include the Contract or Solicitation 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 is 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 (MAY 2014). This clause is incorporated by reference in Section I, Contract Clauses.

(b) Invoice shall be submitted to the Finance Center (FINCEN) for payment. However, BEFORE the invoices are sent to FINCEN, you shall make sure the Contracting Officer has all the required documents (like payrolls and contractor releases) from the vendor.

SEE BLOCK 21 OF THE PURCHASE ORDER FOR WHERE TO SEND THE

INVOICE. INCLUDE CONTRACT NUMBER AND DUNS NUMBER ON ALL

INVOICES TO AVOID PAYMENT DELAYS.

(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 as the Contracting Office has not access to payments. Website: https://www.fincen.uscg.mil

G.5 Payment by Electronic Funds Transfer-- System for Award Management https://www.fincen.uscg.mil/

In accordance with FAR Clause 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (JUL 2013), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

For Registration Assistance:

SAM Customer Service Contact Information US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

Websites: http://www.sam.gov ; http://www.FSD.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 from 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 700-03. 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 the site location on a date and time to be designated by the Contracting Officer, if needed by the parties. See FAR Clause 52.236-26 incorporated by reference in Section I.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H-1. EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF

THE VIETNAM ERA (ALL CONTRACTORS HOLDING CONTRACTS OF $10,000 OR

MORE)

All contractors holding federal contracts of $10,000 or more are required by federal regulation to report at least annually to the U.S. Department of Labor. Further information and necessary http://www.sam.gov/ http://www.fsd.gov/ forms can be obtained by writing to: U.S. Department of Labor Office of Veterans' Employment & Training 649 Monroe St.

Montgomery, AL 36131-2279

H-2. REQUIRED BONDS (ONLY FOR QUOTES GREATER THAN $30,000.00).

NOTE: IF THE PURCHASE ORDER IS OVER $30,000, THE FOLLOWING CLAUSES ARE

INCLUDED by reference. Payment bond will be required for 100% of the total contract price.

Performance bonds are not required for awards under $150,000.00. A Bid Bond is not required for quotes under $150,000.00.

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUEST FOR BONDS (OCT 1995)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

A payment bond.

An irrevocable letter of credit (ILC).

A deposit of the type of security found in FAR 28.204-1, United States bonds or notes, or FAR 28.204-2, Certified or cashier’s checks, bank drafts, money orders, or currency.

(b) The submission of the payment protection is required within ten (10) calendar days of contract award.

(c) Payment bonds are retained for a period of one-year following final payment or until resolution of all claims filed against the payment bond.

B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30)-

CLAUSES

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION

(DEC 2003)

H-3. MODIFICATION PROPOSALS – PRICE BREAKDOWN

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for--

(i) Material

(ii) Labor

(iii) Equipment

(iv) Subcontracts

(v) Overhead; and

2. Must cover all work involved in the modification, whether the work was deleted, added or changed.

(c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts.

(d) The contractor's proposal shall include a justification for any time extension proposed.

H-4. SUPERINTENDENCE BY CONTRACTOR – In accordance with FAR 52.236-6, Superintendence by the 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). This name of the superintendent shall be submitted to the Contracting Officer, in writing, before work commences.

Special Notice: The Superintendent and Alternate shall have the ability to speak, read and write English fluently.

H-5. 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, Subcontracts (Labor Standards) (MAY 2014). 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.

SECTION I - CONTRACT CLAUSES CONSTRUCTION

I.1 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 (MAY 2014)

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

For small business concerns, FINCEN will try making payment NET 15, though this is not a guarantee it will be made that fast.

(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.2 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

CLAUSE NO. TITLE:

FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-2 Certificate of Independent Price Determination (APR 1985).

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-7 Anti-Kickback Procedures (MAY 2014) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

FAR 52.204-4 Printing/Copying Double Sided on Recycled Paper (AUG 2000) FAR 52.204-7 Systems for Award Management (JUL 2013) FAR 52.204-9 Personnel Identity Verification of Contractor Personnel

(JAN 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2013) FAR 52.204-13 Systems for Award Management Maintenance (Jul 2013) FAR 52.209-6 Protecting the Government’s Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (OCT 2014). The full text of a clause may be accessed electronically at the sites listed above.

FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997).

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) FAR 52.219-28 Post Award Small Business Program Representation (Jul 2013) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (MAY 2014) 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) (MAY 2014) FAR 52.222-12 Contract Termination-Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2014) 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 52.222-35 Equal Opportunity for Veterans (JUL 2014) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) FAR 52.222-37 Employment Reports on Veterans (JUL 2014) FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013) 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 (MAY 2011) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts (May 2008) (FAC 2005-25) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) FAR 52.227-4 Patent Indemnity -Construction Contracts (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 (MAY 2014) FAR 52.228-13 Alternative Payment Protection (JUL 2000) The contractor shall submit one of the following payment protections: Payment Bond or Irrevocable Letter of Credit within 10 days after award, if over $30,000.00.

FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-5 Payments under Fixed Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-27 Prompt Payment for Construction Contracts (MAY 2014).

FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(JUL 2013)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec

2013) FAR 52.233-1 Disputes (MAY 2014)

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 1994) 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 52.236-15 Schedule for Construction Contracts (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-14 Suspension of Work (Apr 1984) FAR 52.243-4 Changes (JUN 2007) FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items (MAY 2014) FAR 52.245-1 Government Property (APR 2012) Alt1 (N/A for this Procurement) FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (APR

1984) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

I.3 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 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.223-70 Removal or Disposal of Hazardous Substance – Applicable

Licenses and Permit (JUN 2006) Contractor must obtain all licenses and permit within 30 days of award.

The contractor shall complete the following:

The contractor certifies that is has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.228-70 Insurance (DEC 2003) (IF ABOVE $30,000.00) HSAR 3052.228-90 Notification of Miller Act Payment Bond Protection (DEC 2003) HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003) HSAR 3052.242-72 Contracting Officers Technical Representative (DEC 2003) (IF A COR IS

APPOINTED TO THIS CONTRACT).

IN ADDITION TO THE ABOVE CLAUSE INCORPORATED BY REFERENCE, THE

FOLLOWING CLAUSES ARE APPLICABLE TO THE RFQ AND RESULTING

CONTRACT:

FAR 52.225-9 -- Buy American–Construction Materials. (May 2014)

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

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

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

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

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

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

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

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

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

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

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

(End of Clause)

SECTION J - LIST OF ATTACHMENTS

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

J-1. SF 1411, 1 file

J-2. Solicitation Clauses – Sections B-M, 1 file

J-3. Statement of Work – Replacement of Ridge Cap Vent, 1 file

J-4. Davis-Bacon Wage Rates, 1 file

J-5. Request for Information (RFI) Form*

FOR USE AFTER CONTRACT AWARD (Will be given to vendor at time of award)

J-6. Contractor’s Daily Report Form 17-148 (to be submitted to COR or technical POC)

J-7. SF-25A Payment Bond

J-8. Payroll Form WH-347

J-9. DD Form 879 Statement of Compliance

J-10. SF-1413 Statement and Acknowledgement

J-11. DHS 700-3 Contractor’s Release

J-12. WH 1321 Employee Rights (DBA Poster)

J-13. Publication For Equal Employment Opportunities

*Note: All questions pertaining to this solicitation shall be submitted on the above form and sent to the Contracting Officer. The questions should be faxed or emailed to Terrie.M.Brown@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

FAR 4.1201 Policy.

1) Prospective contractors shall update the representations and certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM.

2) When any of the conditions in paragraph (b) of the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, apply, contractors that represented they were small businesses prior to award of a contract must update the representations and certifications in SAM as directed by the clause. Contractors that represented they were other than small businesses prior to award of a contract may update the representations and certifications in SAM as directed by the clause, if their size status has changed since contract award.

mailto:Terrie.M.Brown@uscg.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1674_292886

THE ESTIMATED PRICE RANGE OF THIS REQUIREMENT IS LESS THAN $25,000 .

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This contract incorporates one or more provisions by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make full text available. Also, the full text of a provision may be assessed electronically at this/these address(es): http://www.arnet.gov/far/

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(b) Site visits may be arranged during normal duty hours by contacting:

U.S. COAST GUARD

POC: Christopher Garcia at 510-437-5361 or Christopher.t.garcia@uscg.mil

IN ADDITION TO THE ABOVE PROVISIONS INCORPORATED BY REFERENCE,

THE FOLLOWING PROVISION ARE APPLICABLE TO THE SOLICITATION AND

RESULTING CONTRACT:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

FAR 52.204-8 Annual Representations and Certifications (Nov 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $15M.

(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification 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 SAM 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 $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) 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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification.

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

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

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and https://www.acquisition.gov/ certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

FAR 52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work.

(May 2014) (a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222- 6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of Provision)

FAR 52.225-10 -- Notice of Buy American Requirement—Construction Materials. (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

I-7. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUNE 2006).

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395 prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

“Expanded Affiliated Group” means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

“Foreign Incorporated Entity” means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395 would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

“Inverted Domestic Corporation.” A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes after the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership;

and

(3) The expanded affiliated group, which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

“Person,” “domestic,” and “foreign” have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6.U.S.C. 395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is a 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule For Related Partnerships. For purposes of applying Section 835(b) of 6 U.S.C.

395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships, which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]|

____it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73.

____it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

____it is a foreign incorporated entity that should be treated as an inverted domestic…