Draft_RMACC_Solicitation_22_March_2016.pdf

HSCG50-16-R-CGRMAC RMACC DRAFT SOLICITATION

Comments on the draft solicitation are due by 11 April 2016 to Mark.W.Snell@uscg.mil

THIS IS A DRAFT SOLICITATION TO PROVIDE INDUSTRY WITH AN

OPPORTUNITY TO PROVIDE COMMENT. THIS NOTICE IS NOT AN

INVITATION FOR BIDS OR REQUEST FOR PROPOSAL. BIDS OR PROPOSALS

RECEIVED AS A RESULT OF THIS DRAFT SOLICITATION WILL NOT BE

ACCEPTED OR EVALUATED.

THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THIS SOLICITATION

EITHER BEFORE OR AFTER THE CLOSING DATE. NO REIMBURSEMENT

WILL BE MADE FOR ANY COSTS ASSOCIATED WITH PROVIDING

INFORMATION IN RESPONSE TO THIS DRAFT SOLICITATION.

REQUEST FOR PROPOSALS

HSCG50-16-R-CGRMAC

INDEFINITE DELIVERY/INDEFINITE QUANTITY REGIONAL MULTIPLE

AWARD CONSTRUCTION CONTRACTS (RMACC)

AT

VARIOUS DEPARTMENT OF HOMELAND SECURITY (DHS)

FACILITIES THROUGHOUT THE

UNITED STATES AND TERRITORIES

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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

HSCG5016RCGRMAC

United States Coast Guard SILC Construction

915 2ND AVE., RM 2664

Seattle, WA 98174

Department of Homeland Security Regional Multiple Award Construction Contracts (RMACC)

North American Industry Classification System Code (NAICS) 236220 Commercial and Institutional Building Construction Small Business Size Standard: $36.5M

Each Regional Multiple Award Construction Contract is set aside for contractors in one or more small business socioeconomic programs. It is anticipated that nine Regional 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 regional seed project as part of Phase Two. Site Visit information for regional seed projects will be provided during Phase Two.

The RMACC is being issued as a single solicitation. Offerors will need to submit unique proposals for each region they wish to be considered for. Proposal submission procedures are described in Section L.

SEE SECTION L

Mark Snell 206-220-7413

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

The U.S. Coast Guard (USCG), Shore Infrastructure Logistics Center (SILC) Construction Contracting Office, has determined the need to re-procure a suite of nine Indefinite Delivery Indefinite Quantity (IDIQ) Regional Multiple Award Construction Contracts (RMACCs) to perform construction on a regional basis nationwide. The contracts will be available on a non-mandatory, enterprise-wide basis to all DHS Directorates and Components. The DHS Components include: United States Citizen and Immigration Services (USCIS), United States Customs and Border Protection (CBP), United States Coast Guard (USCG), Federal Emergency and Management Agency (FEMA), Federal Law Enforcement Training Center (FLETC), United States Immigration and Customs Enforcement (ICE), Transportation Security Administration (TSA), and United States Secret Service (USSS).

The contracts will meet a majority of the DHS infrastructure needs for maintenance, repair, and construction for all projects with a value below $7M within the 50 United States and its territories. These contracts are intended to provide prompt responses on an as-needed basis for routine and emergent requirements. The contracts offer a streamlined approach to construction contracting and ongoing competition between qualified contractors.

The scope of work will include real property repairs, maintenance, and general construction, marine construction, demolition, historical restoration, and remediation. Facilities include, but are not limited to, operations buildings, hangars, boat houses, firing ranges, residential and light commercial buildings and their mechanical and electrical systems, site utilities, waterfront facilities, electronic surveillance/security construction, dredging, and airports/runways. Design-Build, One-Step Turnkey (Design-Build), and Design/Bid/Build project delivery methods will be used.

Each of the nine contracts will be aligned with a specific geographical region corresponding to Coast Guard Districts. A map of the Coast Guard Districts has been provided in the files accompanying this notice. A separate contract will cover the United States territories within the Region of Caribbean and Puerto Rico (Contract Region 7.5) which is actually a part of Coast Guard District 7. This area was separated because the government considers that the market conditions are significantly different than those in the rest of the District. Contract Regions 11 and 13 will be combined as they were on the predecessor RMACC. A regional map is depicted below:

The Coast Guard has six different Civil Engineering Units (CEUs). Each of the CEUs is aligned with one or two of the Coast Guard Districts. Each CEU will award and administer the contracts for the regions that correspond with the Districts to which they are aligned. After contract award, ordering authority and ordering procedures will be provided to all DHS components.

All contracts awards will be based on a single solicitation. The solicitation will prescribe phased proposal due dates for each regional contract. Offerors will submit a separate proposal for each regional contract to the CEU assigned to conduct the procurement. The terms and ordering procedures of each contract will be uniform among the nine contracts, in a manner to promote a standardized method of delivery. Also the evaluation factors for each region will be uniform and a single source selection authority will take responsibility for all contract awards that stem from the solicitation; but, separate source selection teams will be formed to evaluate each regional contract.

Pre-proposal inquiries will be reviewed programmatically and any amendments will be issued to the solicitation as required. Any protests received after close of the solicitation will be directed in a manner to allow ongoing efforts to continue, where possible. For instance, in the case of a protest related to a specific regional contract, it is our intention to resolve these matters at the regional contract level, in order to isolate any delays to the regional contract that is under protest.

Each Regional Multiple Award Construction Contract is set aside for contractors in one or more small business socioeconomic programs. Each of the contracts will include a base year and six option years. Task order limits will range from $2,000 to $7M. As previously noted, ordering authority will be available to any Department of Homeland Security component with appropriate warrant authority. The minimum guarantee for each individual contract will be $5,000. The anticipated aggregate capacity for the nine new regional RMACCs is $1.25 Billion.

Each separate multiple-award IDIQ contract (regional contract) will have a separate aggregate capacity for the duration of the contract and there will be no annual limits or limits on a “per contract basis.” Up to ten individual contracts (individual contractors) are anticipated for each regional contract.

Following is a table showing the CEU assignment, the socioeconomic program set-aside, and the proposed aggregate capacity for each of the contracts:

RMACC Contract

Region

Regional CEU Contract

Set-Aside

Aggregate

Capacity

Region 1

CEU

Providence 8(a)

$150M

Region 5 CEU Cleveland

SDVOSB

$150M

Region 7 CEU Miami

8(a) $125M

Region 7.5 CEU Miami

8(a) $50M

Region 8 CEU Miami

HUBZone $125M

Region 9 CEU Cleveland

8(a) $150M

Region 11 / 13 CEU Oakland

SDVOSB

$275M

Region 14 CEU Honolulu

8(a) $75M

Region 17 CEU Juneau HUBZone;

8(a) $150M

*Note Regions set aside for 8(a): See regional SBA 8(a) acceptance letters for additional information on eligibility.

**Note on Region 14: Guam is included in this region.

**Note on Region 17: The contract will be set aside for contracts in the HUBZone program and/or the 8(a) program. Awards will be made in a manner where at least two contracts are reserved for 8(a) contractors and at least two contracts are reserved for HUBZone contractors. After award of the contract, the Contracting Officer will be able to set-aside orders to either the HUBZone program or the 8(a) program, where the rule of two is met. The contract will be administered in accordance with FAR 19.502-4, Multiple-Award Contracts and Small Business Set-Asides.

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

X

SEC

T

DESCRIPTION PAGES

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM

X B SUPPLIES OR SERVICES AND PRICES/COSTS

X C DESCRIPTION/SPECS/WORK STATEMENT

X D PACKAGING AND MARKING

X E INSPECTION AND ACCEPTANCE

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA

X H SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR

X M EVALUATION FACTORS FOR AWARD

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The source selection is being conducted in accordance with the Federal Acquisition Regulation (FAR) Subpart 36.3 Two-Phase Design-Build Selection Procedures. Phase One of the selection will be conducted as outlined in FAR 36.303-1. Phase Two is prepared in accordance with FAR Part 15 and includes evaluation factors developed in accordance with FAR 15.304. Evaluation factors are identified in Section M. Only the most highly qualified offerors will advance from Phase One to Phase Two. Up to ten individual IDIQ contract awards for each region are anticipated to be made and the number of offerors selected to submit phase-two proposals will be no more than fifteen per region.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 Scope of Work

This DHS-wide contract is intended to provide prompt response on an as-needed basis for regional routine and emergency construction services nationwide. This DHS-wide multiple award contract will meet the majority of DHS’s infrastructure needs for maintenance, repair, and construction for projects with a value up to $7M within the 50 United States and its Territories. This contract is a re-compete of the current Regional Multiple Award Construction Contract (RMACC). The multiple award contract offers a streamlined approach to construction contracting and ongoing competition between qualified contractors. The RMACC is set aside for contractors in one or more of the following small business socioeconomic programs: Historically Underutilized Business Zone (HUBZone), certified Small Disadvantaged Businesses under the Small Business Administration’s 8(a) Program, or Service Disabled Veteran Owned Small Business (SDVOSB).

The project delivery methods include Design-Build, One-Step Turnkey (Design-Build), and Design/Bid/Build. The scope of work will include real property repairs, maintenance, and general construction, marine construction, demolition, historical restoration, and remediation. Facilities include, but are not limited to, operations buildings, hangars, boat houses, firing ranges, residential and light commercial buildings and their mechanical and electrical systems, site utilities, waterfront facilities, electronic surveillance/security construction, dredging, and airports/runways.

The contract awardees under this procurement shall be able to provide all necessary personnel, facilities, equipment, and materials for multiple and concurrent task orders within the respective regions across the United States and its territories. The firm shall ensure that all activities performed by its personnel, subcontractors and suppliers are executed as required in compliance with all applicable environmental and safety laws and regulations and will meet all relevant, appropriate, and applicable standards. Specific requirements will be detailed in each task order general requirements, specifications, and drawings. The description of these requirements will vary for each acquisition dependent upon the needs of the requiring entity. Projects will include a variety of assignments involving the U.S. Department of Homeland Security (DHS) and Components within DHS.

RMACC contractors should have Design-Build capabilities; however, it should be noted that the Coast Guard is expected to place the majority of orders on the contract and the Coast Guard does not intend to routinely use the RMACC for projects that require complex or collaborative designs that are difficult to forward price, require lengthy review processes, or require significant expense for the presentation of a proposal. Instead, the Coast Guard intends that the majority of the work on the RMACC will utilize the Design/Bid/Build project delivery method or the One-Step (Design-Build) Turnkey delivery method for which the Coast Guard has special statutory authority (See 14 USC 677). The One-Step Turnkey process on this contract will entail selection of a contractor through the fair opportunity process on the basis of price or price in combination with other evaluation criteria to perform, in accordance with the provisions of a firm fixed price contract, both the design and construction of a facility using performance specifications. When utilizing this process, the Coast Guard will be sensitive to any advanced design costs necessary to offer a proposal and will attempt to minimize or eliminate these costs by restricting the One-Step Turnkey process to only non-complex design that can be easily coordinated between the contractor and designer and approved through a contract submittal process.

C. 2 Applicable Publications

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

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

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

40 CFR 61 National Emission Standards for Asbestos

40 CFR 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 (PCB) 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 M6260.16 U.S. Coast Guard Asbestos Exposure Control Manual

(e) 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 (33 U.S.C. 1251 to 1387)

Safe Drinking Water Act (SDWA)

Coastal Zone Management Act (CZMA)

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

Emergency Planning and Right-to-Know Act (EPCRA)

Endangered Species Act (ESA)

Energy Independence and Security Act of 2007 (EISA)

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

National Historic Preservation Act (NHPA)

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

Pollution Prevention Act (PPA) - (42 U.S.C. 13101 to 13109)

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

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)

SECTION D

PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

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

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

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

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

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

E.2 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance.

Description must include task order numbers and work being performed. These reports shall be delivered to, or if directed, mailed to the Construction Manager on Fridays. The daily report shall include the name of Contractors and 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.

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 m a y 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. Note each IDIQ contract has six one-year option periods in addition to the one-year base period.

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 52.236-15 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.7 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.8 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).

The Contracting Officer has 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.9 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.

Order for Supplies or Services Form, OF 347 will be issued for each task order.

(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 $2,000.00 and the maximum single order amount is $7,000,000.00. The U. S. Coast Guard SILC Construction Chief of Contracting Office may approve an exception to the minimum and maximum amounts.

F.10 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 $5,000.00.

F.11 OVERALL CONTRACT MAXIMUM QUANTITY

The maximum quantity of work the Government may order under each regional contract is:

RMACC Region CEU Set-Aside Capacity

Region 1 CEU Providence 8(a) $150M

Region 5 CEU Cleveland SDVOSB $150M Region 7 CEU Miami 8(a) $125M Region 7.5 CEU Miami 8(a) $50M Region 8 CEU Miami HUBZone $125M Region 9 CEU Cleveland 8(a) $150M Region 11/13 CEU Oakland SDVOSB $275M Region 14 CEU Honolulu 8(a) $75M Region 17 CEU Juneau HUBZone; 8(a) $150M

F.12 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 or as identified in the task order. 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.13 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/inspector of all work under the contract.

This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the COR authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. COR’ss 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 SILC Construct ion 915 2ND Ave., RM 2664

Seattle, WA 98174

Phone Number: (206) 220-7413 Email: Mark.W.Snell@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, they shall apply, in writing, to the Contracting Officer no less than 10 calendar days or as identified in the task order 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.