NMACC_Solicitation2016pja.docx

UNITED STATES COAST GUARD

REQUEST FOR PROPOSALS

INDEFINITE DELIVERY/INDEFINITE QUANTITY DESIGN/BUILD NATIONAL MULTIPLE AWARD CONSTRUCTION CONTRACT (NMACC)

AT

VARIOUS DEPARTMENT OF HOMELAND SECURITY (DHS) FACILITIES THROUGHOUT THE

UNITED STATES AND TERRITORIES

Page of 108

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.

SOLICITATION,

OFFER,

1.

SOLICITATION

NO.

2.

TYPE

OF

SOLICITATION

3.

DATE

ISSUED

PAGE

OF

PAGES

AND AWARD

SEALED

BID

IFB

Construction, Alteration, or

Repair

HSCG47-16-R-3EFK01

NEGOTIATED

RFP

of

IMPORTANT

The “offer” section on the reverse must be fully completed by offeror 4.

CONTRACT

NUMBER

5.

REQUISITION/PURCHASE

REQUEST

NUMBER

6.

PROJECT

NUMBER

CONSTRUCTION

7.

ISSUED

BY

CODE

8.

ADDRESS

OFFER

TO

CONTRACTING

DIVISION,

USCG

CONTRACTING

DIVISION,

USCG

FACILITIES

DESIGN

CONSTRUCTION

CENTER

FACILITIES

DESIGN

CONSTRUCTION

CENTER

ROBIN

HOOD

ROAD,

SUITE

K

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:

Dannetta Townsend (757)

852-3407

FAX

(757)

852-3495

SOLICITATION

10.

THE

GOVERNMENT

REQUIRES

PERFORMANCE

OF THE

WORK

DESCRIBED

IN

THESE

DOCUMENTS

Title, identifying number, date Department of Homeland Security National Multiple Award Construction Contracts (NMACC) North American Industry Classification System Code (NAICS) 236220 Commercial and Institutional Building Construction Small Business Size Standard: $36.5M The National Multiple Award Construction Contract is a full and open competition. It is anticipated that no more than eight National Multiple Award Indefinite Delivery Indefinite Delivery Indefinite Quantity (IDIQ) contracts will be awarded from this single solicitation.

Term of IDIQ Contracts: Base Year + Six Option Years Two-Phase Design-Build Selection Procedures outlined in FAR Subpart 36.3 will be used for this procurement. Those offerors selected as most highly qualified during Phase One will receive the requirements and wage determination for a seed project as part of Phase Two. Site Visit information for the seed project will be provided during Phase Two.

The NMACC is being issued as a single solicitation. Proposal submission procedures are described in Section L.

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 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)

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

Sealed offers in original and three copies to perform the work required are due at the place specified in Item by

2:00

PM

local time

April 5, 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.

An offer guarantee is, is not required.

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 Offers providing less than calendar days for

Government acceptance after the date offers are due will not be considered and will be rejected

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

STANDARD FORM 1442 (REV. 8/2014)

Page of 108 10107107 Prescribed by GSA – FAR (48CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror) PAGE 4 OF 108

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

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

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

(Type or print)

AWARD (To be completed by Government)

21. ITEM ACCEPTED:

CONTRACT COMPLETION DATE:

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 COPIES UNLESS OTHERWISE SPECIFIED)

10 U.S.C.2304(c) ( 5 )

41 U.S.C.253(c) ( )

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 to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be 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.

on this solicitation is hereby accepted as to the items listed. This award con- summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

BY

31C. AWARD DATE

PART

IV

REPRESENTATIONS

AND

INSTRUCTIONS

PART

I

THE

SCHEDULE

)SECTION A

SOLICITATION/CONTRACT FORM

TABLE

OF

CONTENTS

II

CONTRACT

CLAUSES

III

LIST

OF

DOCUMENTS,

EXHIBITS

AND

OTHER

ATTACHMENTS

79-86

87-95

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SEED PROJECT INFORMATION: THE SEED PROJECT INFORMATION WILL BE ISSUED AS AN AMENDMENT TO THE SOLICITATION UPON COMPLETION OF PHASE I.

This procurement is being solicited using the Two-Phase solicitation process authorized by FAR 36.3, Two-Phase Design-Build Selection Procedures. 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 fifteen (15) 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 the specification for the work being ordered, the specification for the work being ordered will be followed.

C. 1 SCOPE OF WORK

The U.S. Department of Homeland Security (DHS), U.S. Coast Guard (USCG), Shore Infrastructure Logistics Center (SILC) Construction Contracting Office, has determined the need to re-procure the National Multiple Award Construction Contract (NMACC) Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle to perform construction services nationwide. This DHS enterprise-wide contract will meet a majority of the DHS infrastructure construction needs within the 50 United States and its Territories including the Caribbean Islands. The scope of work will include design-build and design-bid-build construction including for general construction, marine construction, military housing construction, demolition, historical restoration and other construction consistent with the definition of construction in the Federal Acquisition Regulation (FAR) Part 2. Task order limits will range from $4M to $100M and ordering authority will be available to any Department of Homeland Security components with appropriate warrant authority.

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 period as 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 Task Order Proposal (RTOP). 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 be substantive differences in state and local requirements for each project, the specifications for each task will be included with the RTOP.

No more than eight (8) 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 $4,000,000.00 and $100,000,000.00. The maximum estimated contract value for each contract is $500,000,000.00. The government guarantees a minimum award amount of $10,000.00 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. The contractor shall comply with all applicable federal, state, and local regulations and laws.

(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 112 Oil Pollution Prevention

40 CFR 136-143 Water Programs

40 CFR 204 Noise Emission Standards for Construction Equipment

40 CFR 260-279 Solid Waste Regulations

40 CFR 280-282 Underground Storage Tank Regulations

40 CFR 311-374 Worker Right-to-Know

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

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1910 Worker Safety Requirements

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 M5100.47 U.S. Coast Guard Safety and Environmental Health 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 (CWA) Safe Drinking Water Act (SDWA) Coastal Zone Management Act (CZMA) Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA) - (42 U.S.C. 9601 to 9675) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) - (7 U.S.C. 136 to 139y) National Historic Preservation Act (NHPA) Noise Control Act (NCA) - (42 USC 4901 to 4918) Pollution Prevention Act (PPA) - (42 U.S.C. 13101 to 13109) Resource Conservation and Recovery Act (RCRA) - (42 U.S.C. 6901 to 6991i) Solid Waste Disposal Act (SWDA) - (42 U.S.C. 6901 to 6991i) Toxic Substance Control Act (TSCA) - (15 U.S.C. 2601 to 2654) Energy Independence and Security Act of 2007 (EISA) Endangered Species Act (ESA) Emergency Planning and Right-to-Know Act (EPCRA)

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 Contracting Officer’s Representative on Fridays. The daily report shall include the name of Contractors and Subcontractors 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

a. Contractor Self-Inspection. Prior to the completion date of each task order, the Contractor’s Quality Control Manager shall conduct a self-inspection of the site and document all items needing correction by means of a punch list. The corrected punch list shall be provided to the Contracting Officer’s Representative at the same time the pre-final inspection is requested. All punch list items must be corrected prior to requesting the pre-final inspection.

b. The Contractor and the Contracting Officer’s Representative will jointly conduct a pre-final inspection prior to requesting a final inspection. Any item needing correction shall be noted on the Pre-Final Inspection Punch List. Any discrepancies noted will be corrected prior to any final inspection. The Contracting Officer Representative may schedule more than one pre-final inspection if he determines it necessary.

c. When the Contractor is ready for final inspection, he will request final inspection in writing to the Contracting Officer and Contracting Officer’s Representative (COR). A copy of the Pre-Final Punch List shall be attached to this request with the corrective action taken noted. The final inspection will be requested at least 48 hours before the desired date.

d. The final inspection shall be performed with the Contractor by the COR, Contracting Officer, Safety Officer, and representatives of the using activity. Any discrepancies noted will be corrected within the time specified in each task order for the completion of work.

e. Prior to close-out and final payment of each task order, the following are required:

1. All submittals. To be submitted as required by each task order and may include product submittals, as-built drawings, manuals, etc.

2. All warranties. To be submitted with the request for Final Inspection.

3. Contractor’s Release: To be submitted with the Contractor’s final invoice.

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)

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.

F.3 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.4 52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.5 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

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 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five 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.8 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.

F.9 FAIR OPPORTUNITY PROCEDURES

Consistent with FAR 16.505(b), each awardee will be provided a fair opportunity to be considered for each order exceeding $3,500.00, 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.

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 consistent with FAR 16.505 procedures.

F.10 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. 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 determines 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 $4,000,000.00 and the maximum single order amount is $100,000,000.00. The U. S. Coast Guard SILC Construction Chief of Contracting Office may approve an exception to the minimum and maximum amounts.

F.11 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 $10,000.00.

F.12 OVERALL CONTRACT MAXIMUM QUANTITY

The maximum quantity of work the Government may order under each contract is $500,000,000.00.

F.13 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.14 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 Representative (COR) is the representative of the Contracting Officer for the purpose of day to day technical administration/inspection 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 COR authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. CORs 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 5505 Robin Hood Rd., Suite K Norfolk, Virginia 23513

Phone Number: (757) 852-3449

FAX: (757) 852-3495

Email: Pamela.j.argilan@uscg.mil

NOTE: All correspondence for individual Task Orders shall be addressed to the issuing contracting office and shall include the Contract Number and Task order Number.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

H.2 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.3 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.4 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.5 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.6 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.

ATTENTION OFFEROR: IF A PROJECT INVOLVES WORK ON NAVIGABLE WATERS, LONGSHOREMEN’S AND HARBORWORKER’S COMPENSATION ACT (33 U.S.C. 901) IS APPLICABLE.

H.7 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

Whether performing work on a military installation or not, the contractor must be familiar with and obey established fire, safety, environmental and…