NMACC(IDIQ)(01-15-09).pdf

UNITED STATES COAST GUARD

REQUEST FOR PROPOSALS

INDEFINITE DELIVERY/NDEFINITE QUANTITY DESIGN/BUILD NATIONAL

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

AT

VARIOUS DHS FACILITIES THROUGHOUT THE UNITED STATES

AND TERRITORIES

NOTICE FOR FILING AGENCY PROTESTS

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

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

Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (CG9131) U.S. Coast Guard Headquarters

Acquisition Planning and Performance Measurement 1900 Half St. SW, Room 11-0402 Washington, DC 20593

Telephone: (202) 372-3692 Fax: (202) 475-3904

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD SEALED BID (IFB)

(Construction, Alteration, or Repair) HSCG47-09-R-3EFK03 NEGOTIATED (RFP) 15 Jan 2009 3 of 87 IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CONSTRUCTION

7. ISSUED BY CODE : 8. ADDRESS OFFER TO

CONTRACTING DIVISION, USCG CONTRACTING DIVISION, USCG

FACILITIES DESIGN & CONSTRUCTION CENTER (ATLANTIC) FACILITIES DESIGN & CONSTRUCTION CENTER (ATLANTIC)

5505 ROBIN HOOD ROAD, SUITE K 5505 ROBIN HOOD ROAD, SUITE K

NORFOLK, VIRGINIA 23513-2431 NORFOLK, VIRGINIA 23513-2431

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (include area code) (NO COLLECT CALLS)

CALL: CHERYL P. ALLEN (757) 852-3415 FAX (757) 852-3495

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

INDEFINITE DELIVERY/INDEFINITE QUANTITY DESIGN/BUILD NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT

(MACC)

Provide all materials and services necessary to perform all work in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings, as set forth in Section A, Page 3.

The Seed Project is Design and Construction of a Multi-Mission Facility at U. S. Coast Guard Training Center (TRACEN), Cape May, NJ. The estimated cost range for the Seed Project is between $5,000,000.00 and $10,000,000.00.

NAICS CODE: 236220 SIZE STANDARD: $33.5 MILLION

CAUTION TO OFFERORS: Offerors are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve offerors from the responsibility for estimating properly the difficulty or cost of successfully performing the work.

11. The Contractor shall begin performance within 14 calendar days and complete it within calendar days after receiving award, notice to proceed.

This performance period is mandatory, negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS (If “Yes”, indicate within how many calendar days after award in Item 12B.)

YES NO Performance and Payment bonds must be approved prior to commencement of work (See Section L) 10

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Proposals in original and two copies to perform the work required are due at the place specified in Item 8 by 2:00 PM. (hour) local time February 17, 2009. If this is a sealed bid solicitation, offers, will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror;s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subjects to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA NSN 7540-01-155-3212 1442-102 FAR (48 CFR) 53.235-1(d)

OFFER (Must be fully completed by offeror) HSCG47-09-R-3EFK03 PAGE 4 OF 87

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

DUNS NUMBER: (Must be filled in)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if the offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re-quirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SECTION B

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE (Type or print)

AWARD (To be completed by Government)

21. ITEM ACCEPTED:

CONTRACT COMPLETION DATE:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

(4 COPIES UNLESS OTHERWISE SPECIFIED) 10 U.S.C.2304(c) ( 5 ) 41 U.S.C.253(c) ( )

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.) Your offer document and return 4 copies to issuing office.) Contractor agrees on this solicitation is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work requirements identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print) TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD

DATE

BY

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) SECT DESCRIPTION PAGES(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 1-5

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6

X C DESCRIPTION/SPECS/WORK STATEMENT 7-9

X D PACKAGING AND MARKING 10

X E INSPECTION AND ACCEPTANCE 11-12

X F DELIVERIES OR PERFORMANCE 13-16

X G CONTRACT ADMINISTRATION DATA 17-18

X H SPECIAL CONTRACT REQUIREMENTS 19-30

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 31-55

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 56-68

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

69-70

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR

71-73

X M EVALUATION FACTORS FOR AWARD 74-87

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

THE PRICING PORTION (SEED PROJECT) OF THIS SECTION WILL BE ISSUED

AS AN AMENDMENT TO THE SOLICITATION UPON COMPLETION OF PHASE I.

SEED PROJECT INFORMATION: Design and Construction of a Multi-Mission Facility at the U. S. Coast Guard Training Center (TRACEN), Cape May, NJ. The scope of the project consolidates the shore side activities of the Station, Aids to Navigation Team (ANT), and three 87’ Coastal Patrol Boats (WPB). At the present time they are located in separate buildings.

This facility will include duty berthing for the Station watch standers and Sector Ports, Waterway, and Coastal Security (PWCS) TAD personnel. The construction of a Vessel Support Building is included in the scope of work to support trailerable boats and provide permanent naval engineering storage for all the affected units. The buildings to be demolished are as follows: Building 20, Vessel Office/Storage, 882 SF; Building 190, Vessel Office/Storage, 875 SF; Building 203, Station Cape May, 7473 SF; Building 220, ANT Cape May, 2159 SF; Building 273, Ship Storage Building, 1440 SF, and ANT EPO Shed, 541 SF.

The new two story facility will provide a total of approximately 25,500 SF of usable space.

The Vessel Support Building will provide approximately 6,800 SF of usable space. Additional design and construction criteria for this project shall be included in the Phase II RFP package.

The successful offeror must design and construct a complete and usable facility, as described in the RFP Phase II Documents. The Government intends to award the seed project.

This procurement is being solicited using the Two Phase solicitation process authorized by FAR 36.3. This process requires potential contractors to submit their past performance, basic technical approach, and capability information initially for review and consideration by the Government. Following the review, evaluation, and rating of these proposals, the Government intends to select a maximum of seven (7) of the highest rated contractors to receive a Phase II request for proposal. Phase II offerors shall provide a technical and price proposal for consideration by the Government. The Government will review the technical and price proposals of the Phase II offerors. Evaluations will be conducted in accordance with FAR Part 15 and the evaluation criteria set out in Section M – Evaluation Factors for Award.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The requirements provided below are general in nature and will be refined if necessary for each specific task order. If there is a conflict between the requirements contained here and specification for the work being ordered, the specification for the work being ordered will be followed.

C. 1 SCOPE OF WORK

The purpose of this Indefinite Delivery/Indefinite Quantity contract is to establish terms and conditions upon which the Contractor will perform design/build, performance-based construction, design-bid-build contracts for general construction, renovations, marine construction, demolition, and historical restoration and alterations for the Department of Homeland Security in any of the 50 United States, Puerto Rico, Guam, and the U.S. Virgin Islands. A wide variety of types of facilities are involved, similar to but not limited to, housing, dining halls, office and classroom buildings, multi-mission station buildings, offshore structures, electronics and research buildings, aviation and fuel facilities, utilities distribution systems, hospitals and medical complexes, recreation and morale facilities, hangars, roads, waterfront and harbor structures, vessel shore ties and industrial. Some Task Orders which require design and construction may require stamped drawings or sketches to describe the new construction. In addition, the contractor may be responsible for obtaining all necessary permits.

This contract is intended to provide prompt services on as needed basis at minimum administrative costs and to assume that the work will be performed in an expeditious and efficient manner within the budgetary limitations and performance time established for each task order. The contractor may be required to visit the proposed work site to establish, clarify, and define the scope of work of the individual requirement to prepare a detailed price proposal.

Proposal due dates shall be identified in each Request for Proposal. This contract shall include all supervision, materials, labor, equipment, transportation, and disposal required to perform the work described in these specifications and Request for Proposal.

The Specifications governing all work to be ordered under this contract are contained within this solicitation. Additional specifications may be added for projects and will be issued for pricing prior to placement of a Task Order. Recognizing there may substantive differences in state and local requirements for each project, the specifications for each task will be included with the request for proposals. (RFP).

No more than five (5) contracts will be awarded as a result of this solicitation. The duration of the contract(s) is for one (1) year from the date of contract award with six (6) one-year option periods. Projects will have an estimated construction cost between $3,000,000.00 and $100,000,000.00. The maximum estimated contract value for each contract is $300,000,000.00. The government guarantees a minimum award amount of $25,000.00 to each successful offeror over the full term of the contract, including option years.

C.2 APPLICABLE PUBLICATIONS

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 204 Noise Abatement Program for Construction Equipment

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 761 Polychlorinated Biphenyls (PCB) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1926.62 Lead

29 CFR 1926.1101 Asbestos

(c) U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS:

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

(d) COMDTINST M6260.16 U.S. Coast Guard Asbestos Exposure

Control Manual

C.3 REFERENCE STATUTES

The statutes listed below form a part of this specification to the extent referenced.

Clean Air Act (CAA) (42 U.S.C.7401 to 7642) Clean Water Act (33 U.S.C. 1251 to 1387)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 to 9675)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 to 139y)

Noise Control Act (NCA) (42 U.S.C. 4901 to 4918)

Residential Lead-Based Paint Exposure Reduction Act (15 U.S.C. 2681 to 2692)

Toxic Substance Control Act (TSCA) (15 U.S.C. 2601 to 2654)

Resource Conservation and Recovery Act (RCRA) (42 U.S.C.

6901 to 6991i)

SECTION D

PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.

The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E.2 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include task order numbers and work being performed. These reports shall be delivered to, or if directed, mailed to the Construction Manager on Fridays. The daily report shall include the name of Contractors and Subconractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.3 FINAL INSPECTION

Final inspection, punch list, acceptance and cleanup of the project site under conditions defined in Specification will be completed before the task order due date.

For each task order the Contractor shall notify the Contracting Officer and site contact in writing, ten (10) calendar days in advance of the date that work will be ready for final inspection.

Final inspection and acceptance of the work will be by the Contracting Officer or the authorized representative.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time stated in each individual task order. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

The performance period for the Seed Project is 735 calendar days. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (each task order will specify the amount of liquidated damages) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Liquidated damages for the Seed Project will be provided at the beginning of Phase II.

F.3 52.242-14 SUSPENSION OF WORK (APR 1984)

F.4 TERM OF CONTRACT

The initial term of the Contract shall be from the time of award for a period of one year. The Government has the option to extend the term of the contract by one year by written notice to the Contractor in accordance with Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The Government shall give the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. The total duration of this contract, including the exercise of any options shall not exceed 84 months.

F.5 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within 30 days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the

Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.6 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.

F.7 PROJECT SCOPING AND PROPOSAL PROCEDURES

Consistent with FAR 16.505(b) each awardee will be provided a fair opportunity to be considered for each order exceeding $3,000.00, except as outlined at FAR 16.505(b)(2) & Paragraph H.18. Contractor’s failure to comply with the requirements outlined below may affect the consideration of the Contractor for the award of future task orders. (a) The Contracting Officer reserves the discretion to determine the submission requirements for each task order. Each request for proposal will clearly outline the proposal requirements and evaluation criteria. The Contracting Officer may elect to use the appropriate evaluation scheme depending on the complexity of the subject task order. The following procedures may be used:

(1) Price proposal only. For simplified work requirements. Award will be made to the lowest priced proposal.

(2) Price proposal and past performance. For slightly more complex work where work requirements are well defined past performance will be evaluated. The Coast Guard will reserve the right to make a technical price trade-off and may elect to award to a higher priced proposal where the proven past performance justifies this trade-off.

(3) Oral presentations and/or technical proposal along with technical proposal.

Complex work where the requirements are not as well defined. Past performance will also be evaluated along with the Contractor’s proposal. Government reserves the right to make a technical price tradeoff and to award to other than lowest priced proposal.

(b) In most circumstances the contractors shall be provided with a general scope of work, and/or drawings, and/or specifications. The Contractor may be required to provide a design as part of the task order submittal.

(c) Upon receipt of this notification, the Contractor shall:

(1) If necessary, the contractor shall visit the proposed work site in the company of the Contracting Officer or his authorized representative. Establish, clarify, and define the scope of work of the individual requirement to prepare a detailed cost proposal.

(2) Within the time period established in the Request for Proposal the Contractor shall submit a priced proposal, supported when appropriate by necessary documentation, to indicate that adequate planning to accomplish the requirement has been done.

Examples of documentation that might reasonably be expected would include shop drawings, catalog cuts, required submittals, or as otherwise required by the Contracting Officer.

(d) Upon receipt of the Contractors’ proposal, the Government will review the proposal for completeness for the required work, and review line items. The Government may enter into dialogue with the competing Offerors to clarify any discrepancies or inconsistencies in the proposal prior to making an award decision. The Government may also engage in further discussions, to include bargaining, to clarify the work requirements or the proposed price.

Award of the task order will be consistent with the criteria contained in the request for proposal. Task order award shall be acknowledged by the issuance of a task order to the successful Offeror.

F.8 TASK ORDER (TO)

(a) A task order is the contractual instrument issued by the Government to the Contractor to order work. The task order is issued upon agreement between the Government and the Contractor on the scope of work, performance time, and the fixed price for the work. The task order will be the Notice-To-Proceed. Each individual task order becomes a fixed priced lump sum contract. Order for Supplies or Services Form, OF 347 will be issued for each task order.

Task Orders will be mailed, emailed, or faxed, whichever is more expeditious. The Government reserves the right to issue task orders unilaterally if prior negotiated agreement to the terms of that order cannot be reached before the date that the Contracting Officer determine that prosecution of work must begin.

(b) Orders placed under this indefinite delivery contract shall contain the following information, (1) Date of order. (2) Contract number and order number. (3) Item number and scope of work. (4) Delivery or performance date. (5) Place of delivery or performance. (6) Packaging, packing, and shipping instructions. (7) Accounting and appropriation data. (8) Bonding requirements. (9) Any other pertinent information.

(c) Modifications to task orders may be required due to differing site conditions, increased scope of work or a decreased scope of work. Modifications are issued pursuant to specific standard clauses contained in the basic contract. If a modification to a task order is required, the Contractor shall submit a detailed cost proposal to include at minimum the following:

material cost breakdown, labor rate breakdown, overhead, and profit.

(d) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(e) In accordance with FAR 52.216-19, the minimum single order amount is $3,000,000.00 and the maximum single order amount is $100,000,000.00.

F.9 GUARANTEED MINIMUM AMOUNT

In accordance with FAR 52.216-22(b), the guaranteed minimum quantity of work the Government agrees to order during the life of the contract, including any options exercised is $25,000.00.

F.10 OVERALL CONTRACT MAXIMUM QUANTITY

The maximum quantity of work the Government may order under each contract is $300,000,000.00.

F.11 CONTINUITY OF FACILITIES OPERATION

Schedule work to minimize interference with any on-site housing residents and the facilities normal operations. Notify the Contracting Officer and Project Manager 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

F.12 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposal shall be done in accordance with federal, state, and local laws and regulations.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Technical Representative (COTR) is the representative of the Contracting Officer for the purpose of day to day technical administration/inspector of all work under the contract. This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the COTR authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. COTR’s will be designated on individual task orders issued under the contract.

G.3 ADDRESS OF CORRESPONDENCE

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

(a) The address and telephone number of the principal Contracting Officer is:

U.S. Coast Guard Facilities Design and Construction Center, Atlantic

5505 Robin Hood Rd., Suite K Norfolk, Virginia 23513

(757) 852-3449 FAX (757) 852-3495

email: cathy.c.broussard@uscg.mil

All correspondence for individual Task Orders shall be addressed to the issuing contracting office.

NOTE: Include Contract Number and Task order Number on all correspondence.

G.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after contract closeout.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

H.2 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, he shall apply, in writing, 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.3 SAFETY AND HEALTH

(a) The Contractor shall take all reasonable safety and health measures in performing under this contract and shall, to the extent set forth in the Schedule of the contract, submit a safety plan and a health plan for the Contracting Officer's approval. The Contractor is subject to (i) all applicable Federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this contract; and (ii) shall comply with all pertinent provisions of the latest version of the U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of this contract; and (iii) shall comply with the Safety and Health Standards, specifications and issuances, reporting requirements, and provisions as set forth in the Schedule of the contract.

(b) Further, the Contractor shall take or cause to be taken such other safety and health measures as the Contracting Officer shall direct. To the extent that the Contractor is entitled to an equitable adjustment under the terms and conditions of this contract, or any other obligations of the parties, such equitable adjustment shall be determined pursuant to the procedures of the clause of this contract entitled "Changes"; provided, that no adjustment shall be made under this clause for any change for which an equitable adjustment is expressly provided under any other provision of this contract.

(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property beyond stated acceptable threshold limits set forth in the Schedule of the contract, or property loss of $10,000 or more arising out of work performed under this contract; provided, however, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and injury experience reporting requirement set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the Contracting Officer with a report, in such form as the Contracting Officer may require, of the investigative findings, together with proposed and/or completed corrective actions.

(d) (1) The Contracting Officer may, from time to time, notify the Contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with (d)(1) above, the Contracting Officer may invoke the provisions of the clause in the contract entitled "Stop Work", or may invoke whatever other rights are available to the Government under the terms and conditions of this contract or at common law, to remedy such failure or refusal to institute prompt corrective action.

(e) The Contractor (or subcontractor or supplier) shall cause the substance of this clause including this paragraph (e) and any applicable Schedule Provisions, with appropriate changes of designations of the parties to be inserted in subcontracts of every tier which: (i) Amount to $1,000,000 or more unless the Contracting Officer makes a written determination that this is not required; (ii) require construction, repair, or alteration in excess of $10,000; or (iii) the Contractor, regardless of dollar amount, determines that hazardous materials or operations are involved.

(f) The Contractor agrees that authorized Government representatives of the Contracting Officer shall have access to and the right to examine the sites or areas where work under this contract is being performed to determine the adequacy of the Contractor's safety and health measures under this clause.

H.4 GOVERNMENT RIGHTS (UNLIMITED)

The Government shall have unlimited rights in all drawings, designs, specifications, notes and all other works developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.

H.5 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of performance, in accordance with Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE - WORK ON A GOVERNMENT INSTALLATION”. (See Section I) FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability. When contract performance involves use of vessels, Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(f) Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H.6 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

The whether performing work on a military installation or not must be familiar with and obey established fire, safety, environmental and security regulations.

(a) Security Passes: Contractor personnel shall obtain security passes from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid drivers license, birth certificate or company ID card to be issued a security pass.

Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the Contracting Officer’s Technical Representative (COTR).

(b) Hazardous Materials: The Contractor shall provide the Government with a list of all hazardous materials to be used in the performance of this project and ensure Materials Safety Data Sheets (MSDS) are available at the work site for all hazardous materials used. The Contractor shall immediately contain and clean up the release or spill of a hazardous material and report the incident to the COTR or the Environmental Technician.

(c) Protection of Property: The Contractor shall protect the existing surrounding equipment, personal belongings and property during the course of this work.

Any damage caused by the Contractor shall be corrected at the Contractor’s expense. The Contractor will be responsible for repair of any damage incurred to turf, landscaping, buildings, utilities or pavement as a result of his work at no additional cost to the government.

(d) Cleanup: The Contractor shall keep the work areas, including storage areas, free from accumulations of waste materials on a daily basis and comply with all federal, state and local regulations pertaining to the storage, transport and disposal of wastes. Contractor shall not use Coast Guard waste disposal facilities including garbage cans, trash piles or dumpsters, unless given authorization by the COTR for a specific task.

H.7 VEHICLE PASSES

The Contractor shall obtain a temporary vehicle pass, if required at the DHS location where performance is to take place.

To obtain a temporary vehicle pass, the Contractor must have in his possession at the time of application, a current vehicle registration card for each vehicle he wishes to register, a current valid drivers license for each operator, and proof of insurance covering each vehicle to be registered.

If the Contractor changes vehicles, or a new vehicle is used, a new vehicle pass will be needed.

CONTRACTOR'S SHALL NOT EXCHANGE VEHICLE PASSES

A violation of the Base Security Regulations or Motor Vehicle Regulations could result in the Contractor being barred from the base, and the contract terminated for default.

H.8 WAGE RATES

Applicable Davis Bacon Wage Rates in effect at the time of issuance of a Task Order will apply. Contractors will be provided with the wage determination prior to issuance of a task order for pricing purposes. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision, the Contracting Officer shall be notified in writing. No work in unlisted crafts or trades will be permitted until a wage has been negotiated between the Contracting Officer and the Contractor.

The Department of Labor Wage Decision for the seed project will be…