RFQ_solic_including_embedded_docs_-_HSCG4216QPFC000.doc

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

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

Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting

Officer, and solicitation closing date (if applicable).

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

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

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

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1: Provide all required labor, materials, equipment, supervision and transportation necessary for the project:

CONCRETE WALK REPAIRS

Location: U.S. Coast Guard (USCG) Training Center (TRACEN), Building #296, 1 Munro Avenue, Cape May, New Jersey (Cape May county). All work shall be performed in accordance with USCG Specifications, USCG Drawings, and the clauses and provisions incorporated herein.

Basic Offer : $_____________________________________________

(Insert Basic Offer Amount in block 17, page 2, SF-1442)

(A detailed cost breakdown shall be submitted with your offer) B-2: Please insert your DUNS and Taxpayer I.D. numbers below:

DUNS number (9 digits): ______________________ TAX ID number: ______________________________ Vendor shall obtain and continue to maintain an active registration in System for Award Management (SAM ) prior to award and throughout contract performance. It is the sole responsibility of the vendor to ensure that their SAM entity record registrations are active, valid, and updated.

This requirement shall be solicited and awarded in accordance with FAR Subpart 19.14—Service-Disabled Veteran-Owned Small Business Procurement Program FAR 19.1403 Status as a service-disabled veteran-owned small business concern.

(a) Status as a service-disabled veteran-owned small business concern is determined in accordance with 13 CFR Parts 125.8 through 125.13; also see 19.307.

(b) At the time that a service-disabled veteran-owned small business concern submits its offer, it must represent to the contracting officer that it is a—

(1) Service-disabled veteran-owned small business concern; AND

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the procurement.

(c) A joint venture may be considered a service-disabled veteran owned small business concern if— (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101; and (4) The joint venture meets the requirements of 13 CFR 125.15(b).

(d) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) to receive a benefit under this program.

I have received and reviewed the ENTIRE solicitation, including completion of the SF-1442 and Section B above, the requirements of Sections C-M below, on continuation pages, and the attachments. I will not be returning copies of the printed pages for Sections C-M with my offer; however, provisions or attachments that require fill-in information will be returned – specifically Section K.

[Contractor to sign, date and print the authorized signer’s name and title].

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See USCG Specifications and Drawings

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails, etc. shall be marked with the solicitation number pre-award /contract number post-award.

SECTION E - INSPECTION AND ACCEPTANCE

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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996).

DESIGNATION OF GOVERNMENT CONSTRUCTION REPRESENTATIVE/INSPECTOR:

A member of the USCG Facilities Engineering staff shall be designated as the Contracting Officer’s Representative (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes. COR appointment letter will be provided with the Notice to Proceed.

SECTION F - DELIVERIES OR PERFORMANCE

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F-1. FAR 52.211-10 Commencement, Prosecution & Completion of Work (APR 1984).

The Contractor shall be required to (a) commence work under this contract within 10 calendar days,

(b) prosecute the work diligently, and (c) complete the entire contract within 45 days after issuance of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Access to Base: Prior to commencement of the contract, the Contractor and all sub-Contractors are required to register with the USCG TRACEN Cape May Security Office. Background screenings will be performed by TRACEN Security for all employees of the Contractor and sub-Contractors working on the Base. The Contractor shall contact USCG TRACEN Cape May Security/Police Department at (609) 898-6915 for detailed requirements.

The Performance Period includes O weather days. The definition of a weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor work day and delay work critical to the timely completion of the project.

F-2. HOLIDAYS:

This base observes the following Federal legal holidays:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday In January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

Additionally, recruit graduation ceremonies take place every Friday at the USCG Training Center facility. Please be advised that contract work may not be authorized during specific times or the entire day of the graduation ceremony. Contractors may or may not be allowed to work on those days at the Contracting Officer’s discretion. Contractors shall receive guidance regarding this from the COR.

F-3. PROGRESS SCHEDULE:

Progress Schedules shall be submitted to the Contracting Officer via the COR and must be approved prior to start of work at the job site. Approved schedules will not be changed without prior Contracting Officer approval. All contract work must be accomplished in such a manner that minimum inconvenience will be caused to the USCG mission.

F-4. FAR 52.242-14 Suspension of Work (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. DESIGNATED BILLING OFFICE AND SUBMISSION OF INVOICES:

NOTE: All required certified payrolls and releases must be submitted to the Contracting Officer PRIOR to submission of payment request to USCG Finance Center.

(a) Submit ORIGINIAL invoice to the following designated billing office via one of the following modes, listed in descending order of preference:

(1) Contractor Submission Invoice Form - FINCEN Website invoice receipt form at the web link provided below:

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

(2) Fax: 757-523-6900

(3) Mailed to:

Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(b) Contractor shall submit a COPY ONLY of invoice with any required supporting documentation (see NOTE above) to the Contracting Officer listed below.

CONTRACTING OFFICER

U. S. COAST GUARD

TRAINING CENTER CAPE MAY

1 MUNRO AVENUE

BUILDING #262, ROOM 212

CAPE MAY, NJ 08204

OR by email to: Shirley.L.Green@uscg.mil

(c) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe (.pdf) formatted file, or as otherwise specified in the contract.

(d) Web based submission by the contractor and receipt confirmation does not reflect the Government review or acceptance of the invoice.

(e) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm.

G-2 INVOICE:

(a) In addition to the items required for a proper invoice under FAR 52.232-5 and 52.232-27, the invoice must also include the following information:

1. Invoice Routing Code: TRACEN CAPE MAY

2. Name of the Contract Specialist/Contracting Officer: (Shirley L. Green)

3. Indication that the contractor represents a small business for accelerated payment purposes.

4. Contractor DUN/TIN numbers. The Data Universal Numbering System (DUNS) number is the primary identifier in SAM. Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

(b) To facilitate the approval and processing of an invoice, contractor shall furnish an advance copy of the invoice to the Contracting Officer and Contracting Officer’s Representative for review of the invoice amount and estimates of work accomplished prior to submission to the designated billing office.

G-3. CONTRACT CORRESPONDENCE:

Unless otherwise stated, all correspondence, certified payrolls, informational invoice copies, etc. shall be sent directly to:

CONTRACTING OFFICER

U. S. COAST GUARD

TRAINING CENTER CAPE MAY

1 MUNRO AVENUE

BUILDING #262, ROOM 212

CAPE MAY, NJ 08204

OR by email to: Shirley.L.Green@uscg.mil

Correspondence shall reference the Solicitation number prior to award and the Contract number post award.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is BELOW $25,000.00

H-2. BONDS (ONLY REQUIRED FOR $30,000.00 AND OVER).

Bid Bond/Bid Guarantee is not required for quotes under $150,000.00.

Payment bond is required post-award for all quotes $30,000.00 and over.

Performance bond is not required.

For contract awards exceeding $30,000.00 - Within TEN calendar days from the receipt of the Notice of Award a properly executed Payment Bond is required and shall be submitted for 100% of the award amount.

H-3. REQUIRED INSURANCE

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5, Insurance - Work on a Government Installation. Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

TYPE AMOUNT

Worker's Compensation Per state law.

Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury $500,000 per occurrence

Automobile Liability

Bodily Injury $500,000 per occurrence $200,000 per person Property Damage $ 50,000 per occurrence

“Comply with applicable Federal and State worker’s compensation and occupational disease statutes”

H-4. 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; and

(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-5. 52.236-6 SUPERINTENDENCE BY CONTRACTOR: Required 100% of time while onsite.

The Prime construction 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). The profile/summary shall include an outline of the superintendent’s qualifications and the extent of his authority.

(DO NOT submit this information in the Safety Plan.)

This information shall be submitted to the Contracting Officer, in writing, within two weeks from issuance of the Notice to Proceed. The Superintendent and Alternate shall have the ability to speak, read, and write English fluently.

H-6. FIELD OFFICE - Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

H-7. WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, a written request shall be made, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command, where the work is to be performed, normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor’s application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H-8. STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR Clause 52.222-11 in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

H-9. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall be handled, transported, stored, and disposed of by the Contractor and by his Subcontractors at any time in accordance with all applicable Federal, State, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 11752, 17 Dec 73, the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); The Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); The Endangered Species Act, as amended (16 U.S.C. SEC 1531 ET SEC); The Toxic Substances Control Act, as amended (15 U.S.C. SEC 2601 ET SEC); The National Historic Preservation Act, as amended (16 U.S.C. SEC 470, ET SEQ); the Solid Waste Disposal Act as amended (424 SEC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. SEC 469, ET SEQ).

H-10. DAMAGE TO UTILITIES

In the event of a Contractor-caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Service Call Desk (609-898-6945) and Contracting Officer’s Representative (609-898-6943). If the damaged utilities are previously known or shown to the Contractor, or there is negligence on his part, the utilities will be repaired by the Contractor in a timely manner at no cost to the Government. If the damaged utilities are not known or shown to the Contractor and there is not negligence on the contractor’s part, they will be repaired at Government expense.

H-11. CONSTRUCTION AND/OR DEMOLITION EQUIPMENT

Equipment to be used on base shall be safe and in good operating condition. The Contracting Officer reserves the right to inspect any on base equipment and reject such equipment if it is considered unsafe, in poor operating condition, or inappropriate for work.

H-12. CONTRACTOR RESPONSIBILITY

Contractors operating on base will be responsible for briefing and ensuring the employees adhere to the traffic rules and regulations. The Foreman, Job Supervisor and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 20 MPH unless otherwise posted. The speed limit in base housing areas is 25 MPH and the speed limit in parking lots is 10 MPH. In school zone when the warning signal is flashing the speed limit is 15 MPH. Individuals are to obey all entry procedures. When Security Forces personnel (on the entry points or in vehicles) give instructions, they will be complied with immediately. All base traffic rules can be obtained at the base Security Office. Security and USCG Police utilize speed detection devices and citations will be issued to violators. Personnel who park on grass or in restricted areas will be cited.

H-13. RECYCLING

a. The contractor shall dispose of construction materials off-base at a properly licensed and approved landfill. Recycling is encouraged to the maximum extent practicable for all waste generated by the contractor.

b. Recycling shall consist of sorting and delivering recyclable items to the appropriate recycle processors. Recyclable items include: wood, glass, metals, cardboard, and paper. These items may not be disposed of in the base landfill. Appropriate recycling processors are private or government entities currently accepting material for the purpose of recycling. The base recycling center may, but is not required to accept the contractor’s recyclables.

c. The contractor shall dispose of any or all of the waste streams off base. The contractor may choose to recover any or all of the waste streams by sending them to an off-base recycling company. The contractor may choose to turn in some waste systems to the base recycling program with the Government’s approval. The acceptance of these waste streams depends on the Government’s ability to process the waste stream, and the contractor’s ability to adequately prepare the waste stream to meet the Government’s condition requirements. The Government is currently encouraging the recycling of:

Wood Paper Corrugated Cardboard Scrap Metal Glass

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

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

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

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 System for Award Management (JUL 2013).

52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012).

52.204-13 System for Award Management Maintenance (JUL 2013).

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (OCT 2015). (Applicable if contract value exceeds $35,000) 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (JAN 2016).

The full text of a clause may be accessed electronically at the site listed above.

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214.35 Submission of Offers in U.S. Currency (Apr 1991)

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

52.219-1 Small Business Program Representations. (Oct 2014).

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011).

52.219-13 Notice of Set-Aside of Orders. (Nov 2011)

52.219.27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2011).

52.219-28 Post-Award Small Business Program Representation (Jul 2013).

52.222-3 Convict Labor (JUN 2003).

52.222-6 Construction Wage Rate Requirements (May 2014).

52.222-7 Withholding of Funds (May 2014).

52.222-8 Payrolls and Basic Records (May 2014).

52.222-9 Apprentices and Trainees (JUL 2005).

52.222-10 Compliance with Copeland Act Requirements (FEB 1988).

52.222-11 Subcontracts (Labor Standards) (May 2014).

52.222-12 Contract Termination - Debarment (May 2014).

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014).

52.222-14 Disputes Concerning Labor Standards (Feb 1988).

52.222-15 Certification of Eligibility (May 2014).

52.222-21 Prohibition on Segregated Facilities (Apr 2015).

52.222-26 Equal Opportunity (Apr 2015).

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (Mar 2015).

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011).

52.223-6 Drug-Free Workplace (MAY 2001).

52.223-11 Ozone-Depleting Substances (May 2001) .

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007).

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008).

52.227-1 Authorization and Consent (DEC 2007).

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007).

52.228-5 Insurance--Work on a Government Installation (JAN 1997).

52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014).

52.232-16 Progress Payments (APR 2012)

52.232-23 Assignment of Claims (May 2014).

52.232-27 Prompt Payment for Construction Contracts (May 2014).

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (Jul 2013) Please register via the following website: http://www.sam.gov 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (May 2014).

52.233-3 Protest After Award (AUG 1996).

52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004).

52.236-2 Differing Site Conditions (APR 1984).

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984).

52.236-5 Material and Workmanship (APR 1984).

52.236-6 Superintendence by the Contractor (APR 1984). 100% required at all times 52.236-7 Permits and Responsibilities (NOV 1991).

52.236-8 Other Contracts (APR 1984).

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984).

52.236-10 Operations and Storage Areas (APR 1984).

52.236-11 Use and Possession Prior to Completion (APR 1984).

52.236-12 Cleaning Up (APR 1984).

52.236-13 Accident Prevention (NOV 1991).

52.236-14 Availability and Use of Utility Services (APR 1984).

52.236-15 Schedules for Construction Contracts (APR 1984).

52.236-17 Layout of Work (APR 1984).

52.236-21 Specifications & Drawings for Construction (FEB 1997) (ALT 1) (APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.236-28 Preparation of Proposals-Construction (Oct 1997) 52.243-5 Changes and Changed Conditions (APR 1984).

52.244-6 Subcontracts for Commercial Items (DEC 2015).

52.246-12 Inspection of Construction (AUG 1996).

52.246-21 Warranty of Construction (MAR 1994).

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984).

52.252-5 Authorized Deviations in Provisions (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991).

I-2. 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. (Nov 2011)

(a) Definition. “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and

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

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.

(e) A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b)

(f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of clause) I-3. FAR 52.225-9 Buy American Act—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—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

“NONE”

[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

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-4. 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-5. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011)

(a) Definitions. As used in this clause—

“Driving”–

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.

(c) The Contractor is encouraged to—

(1) Adopt and enforce policies that ban text messaging while driving—

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as—

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

(End of clause)

I-6. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR Chapter 30)

CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Full text of clauses may be obtained at http://farsite.hill.af.mil/vfhsara.htm 3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003).

3052.222-90 Local Hire (JUNE 2006).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUN 2006).

(30 days) 3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70 Insurance (DEC 2003).

3052.228-90 Notification of Miller Act Payment Bond Protection (DEC 2003).

3052.242-71 Dissemination of Contract Information (DEC 2003)

I-7. 3052.209-70 – PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 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 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 an acquisition described in section 835(b)(1) 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 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 the Homeland Security Act, 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)…