RFQ_Construction_Clauses_FBO_(PJT117x).pdf

HSCG50-15-Q-PJT117x

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All shipments of materials, equipment and/or supplies by the Contractor to the project shall be addressed to the Contractor and not the U.S. Coast Guard. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

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

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY INCORPORATED:

CLAUSE NO. TITLE:

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 U.S. COAST GUARD INSPECTION/ACCEPTANCE

Coast Guard inspection and acceptance under this contract will be accomplished by the Contracting Officer's Representative designated in writing by the Contracting Officer.

SECTION F - DELIVERIES/PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

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

FAR 52.242-14 Suspension of Work (APR 1984) https://acquisition.gov/far

HSCG50-15-Q-PJT117

SECTION F - DELIVERIES/PERFORMANCE

F.2 PERIOD OF PERFORMANCE

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM NO. QUANTITY DATE OF RECEIPT OF

NOTICE OF AWARD

001 FOR THE JOB 40 Calendar Days

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

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

b. The Contract Administrator for this procurement action is: Gabriel D. Perez, U.S. Coast Guard

c. The Contracting Officers for this procurement action are:

Gabriel D. Perez, U.S. Coast Guard

d. All correspondence including modification proposals, extension requests, and contract submittals shall be submitted to the contracting officer via email. The address is as follows: gabriel.d.perez@uscg.mil

Office Hours: 8:00 A.M. to 4:00 P.M. Pacific Standard Time Monday thru Friday (Except Federal Holidays)

NOTE: Include Contract Number on all correspondence.

i. The Contracting Officer's Representative (COR) will be designated at time of award. The specific duties, authority and responsibility of the COR will be furnished to the Contractor after award in accordance with contract clause HSAR 3052.242-72 in Section I.

mailto:gabriel.d.perez@uscg.mil

SECTION G - CONTRACT ADMINISTRATION DATA

G.2 INVOICES

a. Invoices shall be prepared and submitted in accordance with the provisions of FAR Clauses 52.232-5, Payments Under Fixed-Price Construction Contracts (MAY 2014) and FAR 52.232-27, Prompt Payment for Construction Contracts (MAY 2014).

b. Invoices shall be submitted for payment to the U.S. Coast Guard Finance Center website below:

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

Electronic submission of invoices is MANDATORY for this contract and/or any orders issued in accordance with this contract.

Contractor must also submit a copy of the invoice and any supporting documentation according to detailed invoicing instructions (supplied at time of award), as well as what is listed below.

c. On the front of the invoice ensure the following information is identified or payment may be delayed:

(1) Name of Contractor

(2) Order Number (Block 3 of OF347)

(3) Discount Terms, if any (Block 16 of OF347)

(4) State the item no., description of services performed, total amount for job (Block 17 of OF347)

(5) List any modifications and applicable amount

(6) The invoice should be dated within two days of the mailing date.

FOR VENDOR PAYMENT INQUIRIES CONTACT: (800) 564-5504

d. The contractor may invoice monthly for progress payments as the work proceeds. All invoices for progress payments shall be accompanied by a Contractor Certification as identified in FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, paragraph (c) and the information required by paragraph (b)(1)(i)-(v).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INFORMATION CONCERNING SAFETY AND ENVIRONMENTAL

All contract work shall be performed in accordance with all applicable federal, state, and local safety and environmental laws and regulations.

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1. https://acquisition.gov/far

2. https://www.dhs.gov/acquisition-policies-regulations http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Timothy.D.Cowley@uscg.mil mailto:Renea.O.Reddish@uscg.mil https://www.dhs.gov/acquisition-policies-regulations

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

FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

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

FAR 52.222-3 Convict Labor (JUN 2003)

FAR 52.222-6

FAR 52.222-7

Construction Wage Rate Requirements (MAY 2014)

Withholding of Funds (MAY 2014)

FAR 52.222-8

FAR 52.222-9

Payrolls and Basic Records (MAY 2014)

Apprentices and Trainees (JUL 2005)

FAR 52.222-10

FAR 52.222-11

Compliance with Copeland Act Requirements (FEB 1988)

Subcontracts (Labor Standards) (MAY 2014)

FAR 52.222-12

FAR 52.222-13

Contract Termination-Debarment (MAY 2014)

Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

FAR 52.222-14

FAR 52.222-15

Disputes Concerning Labor Standards (FEB 1988)

Certification of Eligibility (MAY 2014)

FAR 52.222-26 Equal Opportunity (APR 2015)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015)

FAR 52.222-36

Affirmative Action for Workers With Disabilities (JUL 2014)

FAR 52.222-37

FAR 52.222-50

Employment Reports Veterans (JUL 2014)

Combating Trafficking in Persons (MAR 2015)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

FAR 52.223-5

FAR 52.223-18

Pollution Prevention and Right-to-Know Information (MAY 2011) Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

Note: If the quoter intends to provide foreign made materials, this clause must be completed and submitted with the quote.

For the full text of the clause, please contact the Contracting Officer identified in Paragraph G.1 b. or access the full text at the following electronic address: https://acquisition.gov/far

FAR 52.225-13

FAR 52.226-1

FAR 52.227-1

FAR 52.227-4

FAR 52.228-2

FAR 52.228-11

FAR 52.228-12

FAR 52.228-14

FAR 52.232-5

FAR 52.232-8

FAR 52.232-23

FAR 52.232-27

FAR 52.232-33

FAR 52.232-39

FAR.232-40

FAR 52.233-1

FAR 52.233-3

FAR 52.233-4

FAR 52.236-2

FAR 52.236-3

FAR 52.236-5

FAR 52.236-6

FAR 52.236-7

FAR 52.236-8

FAR 52.236-9

FAR 52.236-11

FAR 52.236-12

FAR 52.236-13

FAR 52.236-14

FAR 52.236-15

Restrictions on Certain Foreign Purchases (JUN 2008)

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (JUN 2000)

Authorization and Consent (DEC 2007)

Patent Indemnity – Construction Contracts (DEC 2007)

Additional Bond Security (OCT 1997)

Pledges of Assets (JAN 2012)

Prospective Subcontractor Requests for Bonds (MAY 2014)

Irrevocable Letter of Credit (NOV 2014)

Payments Under Fixed-Price Construction Contracts (MAY 2014)

Discounts for Prompt Payment (FEB 2002)

Assignment of Claims (MAY 2014)

Prompt Payment for Construction Contracts (MAY 2014)

Payment by Electronic Funds Transfer – Central Contractor Registration (JUL 2013)

Unenforceability of Unauthorized Obligations (JUN 2013)

Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

Disputes (MAY 2014)

Protest After Award (AUG 1996)

Applicable Law for Breach of Contract Claim (OCT 2004)

Differing Site Conditions (APR 1984)

Site Investigation and Condition Affecting the Work (APR 1984)

Material and Workmanship (APR 1984)

Superintendence by the Contractor (APR 1984)

Permits and Responsibilities (NOV 1991)

Other Contracts (APR 1984)

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

Use and Possession Prior to Completion (APR 1984)

Cleaning Up (APR 1984)

Accident Prevention (NOV 1991)

Availability and Use of Utility Services (APR 1984)

Schedules for Construction Contracting (APR 1984)

FAR 52.236-17 Layout of Work (APR 1984)

FAR 52.236-21 Specifications & Drawings For Construction, Alternate II (APR 1984)

FAR 52.236-26

FAR 52.243-5

FAR 52.244-6

FAR 52.246-21

FAR 52.249-1

FAR 52.249-10

Preconstruction Conference (FEB 1995)

Changes and Changed Conditions (APR 1984)

Subcontracts for Commercial Items (APR 2015)

Warranty of Construction (MAR 1994), Alternate I (APR 1984)

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

Default (Fixed-Price Construction) (APR 1984)

THE FOLLOWING DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION CLAUSES

ARE HEREBY INCORPORATED

CLAUSE NO:

3052.222-70

3052.222-90

3052.223-70

3052.223-90

3052.228-70

3052.242-71

TITLE:

Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003)

Local Hire (JUN 2006)

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

Accident and Fire Reporting (DEC 2003)

Insurance (DEC 2003)

Dissemination of Contract Information (DEC 2003)

I.1 52.225-9 Buy American—Construction Materials (MAY 2014.

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

None.

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure

Quantity

Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction

Item 2:

Foreign construction

Domestic construction

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

[Include other applicable supporting information.]

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

I.2 52.228-13 Alternative Payment Protections (JUL 2000)

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

A payment bond An irrevocable letter of credit (ILC) Certificate of deposit United States bonds or notes Certified or Cashier's check, bank draft or Postal money order.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required before Notice to Proceed is issued.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.3 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

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

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C.

395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

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

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

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

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

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

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

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

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

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

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

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

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

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

(d)Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

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

i. warrants;

ii. options;

iii. contracts to acquire stock;

iv. convertible debt instruments; and

v. others similar interests.

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

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

it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003;

it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

SECTION J - LIST OF ATTACHMENTS

J.1 J.2 J.3

General Decision Number AK150005, dated 01/09/2015 for Construction Type: RESIDENTIAL Statement of Work Drawings (S-3510 Sheets 1 through 3)

1.

SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 Annual Representations and Certifications (DEC 2014)

(a)

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

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

[ ] (i) Paragraph (b) applies.

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

(b) The offeror has completed the annual representations and certifications electronically via the Systems for Award Management website at http://www.sam.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(End of provision)

K.2 FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY INCORPORATED:

CLAUSE NO.

FAR 52.204-3

FAR 52.204-8

FAR 52.204-16

FAR 52.204-17

FAR 52.222-21

TITLE:

Taxpayer Identification (Oct 1998)

Annual Representations and Certifications (DEC 2014)

Commercial and Government Entity Code Reporting (NOV 2014)

Ownership or Control of Offeror (NOW 2014)

Prohibition of Segregated Facilities (APR 2015)

FAR Clause # Title Date Change http://www.sam.gov/

FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

FAR 52.223-1 Biobased Product Certification (MAY 2012)

FAR 52.226-3 Disaster or Emergency Area Representations (NOV 2007)

K.3 INFORMATION CONCERNING BRAND NAME OR EQUAL PRODUCTS

52.211-6, Brand Name or Equal (AUG 1999)

(a) ) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) ) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

If the quoter proposes to furnish an "equal" product, the brand name of the product to be furnished shall be inserted in the space provided below. The evaluation of quotes and the determination as to equality of the product being quoted shall be the responsibility of the Government. This determination will be based on information furnished by the quoter, identified in its quote, and provided as a submittal in accordance with the ***statement or scope of work*** as well as other information reasonably available to the contracting office. If more than one product is identified as brand name or equal, please provide a separate listing of each product using the format below. Acceptance of “equal” products is at the sole discretion of the government.

Quoting on:

Manufacturer's Name:

Brand:

No.: _

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:

1. http://www.arnet.gov/far/

2. https://dhsonline.dhs.gov/portal/jhtml/dc/sfi.jhtml?doid=5855

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY INCORPORATED:

PROVISION NO.

FAR 52.225-12

FAR 52.232-38

TITLE:

Notice of Buy America Act Requirement / Balance of Payments Program

Requirement - Construction Materials Under Trade Agreements (MAY 2014)

Submission of Electronic Funds Transfer Information With Offer (MAY 1999) http://www.arnet.gov/far/ https://dhsonline.dhs.gov/portal/jhtml/dc/sfi.jhtml?doid=5855

L.2 FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (MAY 2014)

CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

(a) Definition.—“Site of the work”—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is—

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees.

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program;

provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(End of clause)

L.3 In accordance with the Provision FAR 52.211-6, Brand Name or Equal (AUG 1999), the following requirements apply:

(a) ) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(2) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) ) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

L.4 SUBMISSION OF BRAND NAME OR EQUAL PRODUCTS

If price quote includes an "equal" product in lieu of brand name referenced in the ***statement / scope of work*** complete Section K.3 and submit with quote. Quoters offering other than brand name items identified herein should furnish adequate information to ensure that a determination can be made as to the equality of the product(s) quoted on.

L.5 INFORMATION CONCERNING SUBMISSION OF PAYMENT BONDS

In accordance with FAR 52.228-13 Alternative Payment Protections (JUL 2000), if payment bonds are submitted, the following requirements apply:

The bonds shall be in the form of a firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of Treasury, Financial Management Service, Surety Bond Branch, 401 14th Street, NW., 2nd Floor, West Wing, Washington, DC 20227.

L.6 FAR 52.236-27 SITE VISIT (CONSTRUCTION), Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, (APR 1984) and 52.236-3, Site Investigations and Conditions Affecting the Work (APR 1984), will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

An organized Site Visit is not planned, but encouraged as it provides the most accurate possibility of obtaining all information necessary to prepare your quote. To schedule a site visit, contact the Engineering Petty Officer (CGC Mustang) MKC Jared Larow at 907.224.5202.

L.7 FAR 52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision)

L.8 SUBMISSION OF QUOTES AND ACKNOWLEDGING AMENDMENTS

(a) Quoters interested in submitting a quote shall complete the following information:

(1) ) On the Standard Form 18 (Page

1): Block 11 Block 12 if a discount is offered Blocks 13, 14, 15, and 16

(2) In the Contract Clauses Section:

****** Section F, F.2 Section I.2, I.3 Section K, K.1, K.3 (brand name or equal)

(b) All inquiries/questions must be received no later than June 01, 2015 at 5:00 PM (Pacific) via email to gabriel.d.perez@uscg.mil.

(c) Quoters shall acknowledge receipt of amendments (if any) prior to the hour and date specified for the receipt of Offers as specified in the amendment (SF-30, Block 11).

(d) Quoters shall e-mail one copy of the signed Request for Quotation and applicable contract clauses to gabriel.d.perez@uscg.mil. Request for Quotations and any amendments shall be received on or before 2:00 p.m.

Pacific Time on the required date specified in Block 10 of the Standard Form 18 or subsequent amendments, if any.

(e) Only written, emailed quotations will be considered - no facsimile transmissions accepted.

(f) This Request for Quotation is 100% Set-Aside for Total Small Businesses located in the State of Alaska.

mailto:gabriel.d.perez@uscg.mil mailto:gabriel.d.perez mailto:timothy.d.cowley@uscg.mil

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 LEGAL EFFECT OF QUOTATIONS

(a) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of a purchase order in response to a supplier's quotation does not establish a contract. The purchase order is an offer by the Government to the contractor to purchase construction services upon specified terms and conditions. A contract is established when the contractor accepts the offer or begins performance.

(b) Normally acceptance of the offer is made in writing by the contractor by signing and returning a copy of the purchase order (see section M.2 (b)).

M.2 AWARD

(a) Award may be made without discussion of quotations received. Hence, quotations shall be submitted on the most favored terms from a price and technical standpoint which the quoter can submit to the Government.

Award will be made based on the lowest quoted price - received in writing from a responsible quoter if the Contracting Officer determines that the price is reasonable.

(b) Award shall be made by mailing or otherwise furnishing a properly executed purchase order to the successful awardee. The Coast Guard will require the awardee to accept the purchase order consistent with the provisions of FAR 13.302-3, Obtaining Contractor Acceptance and Modifying Purchase Orders, prior to undertaking performance. The contractor will be required to submit to the Contracting Officer, within seven

(7) days of notice of selection for award, a signed copy of the purchase order form, OF347, accepting the purchase order. The Coast Guard may, by written notice to the awardee, at any time before acceptance occurs, withdraw, amend, or cancel its offer.

M.3 BONDING REQUIREMENTS

The requirements in FAR 52.228-13, Alternative Payment Protections, (JUL 2000) apply to this quotation. The successful quoter shall furnish all bonds or alternative payment protection, including any necessary reinsurance agreements, no later than 10 calendar days after award.