FINAL_Solicitation _Astoria_Phase_2_dated_15_JUL_2016.pdf

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: HSCG50-16-R-PFDAH1

CLOSING DATE: AUGUST 30, 2016 AT 2:00 P.M. LOCAL TIME, SEATTLE, WA

FOR: ASTORIA FAMILY HOUSING PHASE 2 SECTOR COLUMBIA RIVER, ASTORIA, OR

IMPORTANT - NOTICE TO OFFERORS

This solicitation contains Sections A through M. Please read the entire solicitation and complete the following:

1. Sign and return ONE ORIGINAL of the SF1442, Sections B and K.

2. See Section L for Instructions, Conditions, and Notice to Offerors.

3. Before mailing your proposal, please recheck the following:

(a) Does your offer set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

(b) Have you rechecked your figures, including calculations on your work sheets?

(c) Have you completed and signed all required documents?

(d) Have you provided the bid guarantee? A 20% Bid Bond is required.

(e) Proposals offering less than ninety (90) calendar days acceptance time may be rejected.

(f) Have you provided proof of current VETS-100?

4. If an Offeror has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, in writing via email, referencing drawing, specification section and paragraph of solicitation, to the U.S. Coast Guard, Facilities Design and Construction Center Det, 915 2nd Ave, Room 2664, Seattle, WA 98174, no later than August 19, 2016. Email address is:

gabriel.d.perez@uscg.mil.

5. Telegraphic, telephonic, or facsimile bids will not be accepted.

6. For general information contact Gabriel D. Perez, Contracting Officer at gabriel.d.perez@uscg.mil.

7. This Solicitation is 100% Set-Aside for Total Small Business concerns.

8. A site visit is scheduled; please see “L.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)” for further details.

mailto:gabriel.d.perez@uscg.mil

APPENDIX B – CHAPTER 3033

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

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

The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2).

If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted 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.

SOLICITATION, OFFER, 1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD SEALED BID (IFB)

(Construction, Alteration, or Repair) HSCG50-16-R-PFDAH1 NEGOTIATED (RFP) 15 July 2016 4 of 51

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USCG FDCC DET SEATTLE USCG FDCC DET SEATTLE

915 SECOND AVE, RM 2664 915 SECOND AVE, RM 2664

SEATTLE, WASHINGTON 98174-1011 SEATTLE, WASHINGTON 98174-1011

9. FOR INFORMATION a. NAME b. TELEPHONE NUMBER. (include area code) (NO COLLECT CALLS)

CALL: GABRIEL D. PEREZ (206) 220-7424 FAX (206) 220-7390

SOLICITATION

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

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

ASTORIA FAMILY HOUSING PHASE 2 SECTOR COLUMBIA RIVER, ASTORIA, OR

Provide all materials and services necessary to perform all work in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings.

Magnitude of Construction: For purposes of disclosing the size of this construction project, Offerors are advised that the total value is estimated between $8,000,000.00 and $10,000,000.00 for the Base Items. The total value is estimated between $10,000,000 and $12,000,000 for the Base Items and Option Item.

THIS SOLICITATION IS A TOTAL SMALL BUSINESS SET-ASIDE

NAICS CODE: 236210 SIZE STANDARD: $36.5 MILLION

Industrial Building Construction

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

11. The Contractor shall begin performance within 15 calendar days and complete it within 720 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See________).

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and three copies to perform the work required are due at the place specified in Item 8 by 2:00 PM. (hour) local time 30th August, 2016 (date).

If this is a sealed bid solicitation, offers, will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the Offeror’s name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are 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 90 calendar days for Government acceptance may be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA-FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror) HSCG50-16-R-PFDAH1 PAGE 4 OF 51

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

DUNS NUMBER: (Must be filled in)

CODE FACILITY CODE

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

AMOUNTS SEE SECTION B

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

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

(4 copies unless otherwise specified) 10 U.S.C.2304(c) ( ) 41 U.S.C.3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

STANDARD FORM 1442 (REV. 8/2014) BACK

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) SECT DESCRIPTION PAGES(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 1-6

X B SUPPLIES OR SERVICES AND PRICES/COSTS 7-9

X C DESCRIPTION/SPECS/WORK STATEMENT 9

X D PACKAGING AND MARKING 9

X E INSPECTION AND ACCEPTANCE 8-10

X F DELIVERIES OR PERFORMANCE 11-12

X G CONTRACT ADMINISTRATION DATA 13-14

X H SPECIAL CONTRACT REQUIREMENTS 15-21

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 22-35

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 36

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

37-41

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFEROR

42-49

X M EVALUATION FACTORS FOR AWARD 50-51

A.1 Magnitude of Construction: For purposes of disclosing the size of this construction project, Offerors are advised that the total value is estimated between $8,000,000 and $10,000,000 for the Base Items. The total value is estimated between $10,000,000 and $12,000,000 for the Base Items and Option Item.

A.2 Bid guarantee shall be in the amount of 20 percent of the offer or $3,000,000.00 whichever less is.

A.3 Performance and Payment bonds will be required for 100% of the total award amount.

A.4.The U.S. Coast Guard is requiring the contractor to comply with the City of Astoria’s “Steep Slope Ordinance”. While the Steep Slope Ordinance does not apply to Federally-owned property, the U.S. Coast Guard is requiring the contractor to comply. Because this requirement is being imposed by the U.S. Coast Guard, and not the City of Astoria, any failure to comply shall be addressed through the U.S. Coast Guard contracting process, and shall not be considered a city code infraction.

A.5.The U.S. Coast Guard is requiring the contractor to comply with the City of Astoria’s “Tree Ordinance”.

While the Tree Ordinance does not apply to Federally-owned property, the U.S. Coast Guard is requiring the contractor to comply. The project site does have saleable timber. The Contractor shall discount its proposed price for the appraised value of the site’s saleable timber based on current stumpage rates established by the Washington State Department of Revenue.

A.6.Offerors are required to contact the local servicing utility, Pacific Power & Light, to obtain their list of approved streetlights. The successful offeror shall use one of the approved streetlights in its design/construction of this project.

A.7. In addition to the required Wage Determinations for Building and Residential in Clatsop County the Offeror shall use Wage Determinations OR160029 and OR160017 for those labor categories that are needed, but not included in the Wage Determination for Clatsop County for purposes of developing its price proposal. The USCG is providing Labor Conformance rates from the Astoria Family Housing Phase 1 for informational/estimating purposes only.

A.8.The successful Offeror shall be responsible for submitting labor conformances to the U. S. Department of Labor after contract award. It is anticipated that the Wage Determinations required for this contract in Clatsop County will not include all labor categories that the Offeror will require to meet the scope requirements for this contract. The USCG is providing Labor Conformance rates from the Astoria Family Housing Phase 1 for informational/estimating purposes only.

A.9.The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver's licenses and identification cards from states not meeting the Act's minimum standards. To this purpose there are five states that are not in compliance with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State.

Anyone under this contract, to include subcontractors, who holds a driver's license from any of states without approved licenses and require access to a military facility will be required to provide identification other than a driver's license to gain access. It is the responsibility of the Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for base access. For the states of Washington and Minnesota an enhanced driver's license is acceptable to gain access.

Further information on the Real ID Act can be found here: http://www.dhs.gov/real-id-enforcement-brief#

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

1. BASE ITEM 1 – MAINTENANCE BUILDING

The contractor shall provide all labor, material, equipment, mobilization, demobilization, quality control services and ancillary items required to design and construct a new housing maintenance building including all supporting utilities, paved road access, sidewalks and landscaping. Incorporate all listed RFP prescriptive components for this facility and provide any and all additional ancillary components needed to provide a complete and usable structure for the intended purpose. The TOTAL BASE ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications.

TOTAL BASE ITEM 1 $

2. BASE ITEM 2 – ADA DUPLEX (UNITS 13 & 14)

Design and construct new housing units 13 through 14 including all supporting utilities, incorporating all listed RFP prescriptive components for this facility and provide any and all additional ancillary components needed to provide a complete and usable structure for the intended purpose. Design and construct the paved road, sidewalks and all utilities to the cul-de-sac at the end of the road past unit 24.

Grade all building pads and hill sides as indicated for the future installation of units 13 through 24 stub out utilities and cap outside of road. For electrical and cable provide conduit paths to future buildings 13 through 24. Relocation of existing 10” HDPE water line installed in existing Phase 1 to the new roadway location and elevations. Design and construct a site storm water system capable of meeting the storm water demands for the site through the construction of units 13 through 24. The TOTAL BASE ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications.

TOTAL BASE ITEM 2 $

3. BASE ITEM 3 – 4-PLEX (UNITS 15, 16, 17 & 18)

Design and construct new housing units 15 through 18 including all supporting utilities incorporating all listed RFP prescriptive components for this facility and provide any and all additional ancillary components needed to provide a complete and usable structure for the intended purpose. The TOTAL BASE ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications.

TOTAL BASE ITEM 3 $

4. BASE ITEM 4 – 4-PLEX (UNITS 19, 20, 21 & 22)

Design and construct new housing units 19 through 22 including all supporting utilities incorporating all listed RFP prescriptive components for this facility and provide any and all additional ancillary components needed to provide a complete and usable structure for the intended purpose. The TOTAL BASE ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications.

TOTAL BASE ITEM 4 $

TOTAL BASE ITEMS $_______________________

5. OPTION ITEM 1 – DUPLEX (UNITS 23 & 24)

Design and construct new housing units 23 through 24 including all supporting utilities incorporating all listed RFP prescriptive components for this facility and provide any and all additional ancillary components needed to provide a complete and usable structure for the intended purpose. The TOTAL OPTION ITEM shall be deemed to include all costs required for the specified work to be completed in accordance with the plans and specifications. The Contract Completion Date is 720 calendar days from contract award.

TOTAL OPTION ITEM 1 $

TOTAL BASE ITEMS AND OPTION ITEM $_______________________

OPTION ITEM 1 is an option available to the Government, which may be unilaterally exercised at time of contract award. A firm-fixed-price is required for option item. If Option Item is exercised, the contract completion date remains the same.

Evaluation of each price proposal will include the total evaluated price for Base Items and Option Item.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

All work shall be performed in accordance with the following documents:

Wage Determination General Decision Number: OR160003 and OR160033 Specifications/Drawings: Astoria Family Housing Phase 2, USCG Sector Columbia River, Astoria, OR (SFRL #5067019) dated 27 January 2016 (1177 pages)

Offerors may choose to use current established Residential (OR17) or Building (OR29) Davis-Bacon Wage Determination for Multnomah County in Oregon as a basis for estimation and development of your price proposal.

Listed below for informational purposes in developing your price proposal are labor classification wage rates that were provided by the Department of Labor. Please note that these wage rates were for workers performing under the Astoria Family Housing Phase One contract only. This is informational data:

• Common General Laborer ($24.84/hour + $10.86 fringe);

• Plumber ($39.71/hour + $19.44 fringe);

• Forklift Operator ($33.43/hour + $13.70 fringe);

• Soft Floor Layer-Carpet ($24.84/hour + $10.86 fringe);

• Soft Floor Layer-Ceramic Tile ($24.84/hour + $10.86 fringe);

• Painter ($24.84/hour + $10.86 fringe);

• Journeyman Sheet Metal Installer ($24.84/hour + $10.86 fringe);

• Waterproofer ($24.84/hour + $10.86 fringe);

• Iron Worker/Rebar Work ($24.84/hour + $10.86 fringe);

• Drywall Hanger ($24.84/hour + $10.86 fringe);

• Drywall Finisher ($24.84/hour + $10.86 fringe).

• Pipefitter ($49.51/hour + $0 fringe);

• Pipe layer ($16.00/hours + $0 fringe).

• Mechanical Insulator ($24.84/hour + $10.86 fringe)

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.

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 fifteen (15) calendar day after the date the Contractor receives the notice of award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 720 calendar days from award. 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 $825 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 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.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least TWENTY

(20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the contracting Officer determines that the reduction would be to advantage of the Government.

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

(a) The Contractor shall, within thirty (30) days after award or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

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

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

F.6 52.242-14 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.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, "Prompt Payment for Construction Contracts." Payments will not be made more frequently than once per month.

(b) Each invoice shall contain the following information:

(1) Contract Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: SMC

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

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

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

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

(f) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contract Specialist and/or COR at the addresses cited below:

gabriel.d.perez@uscg.mil dana.e.hiatt@uscg.mil

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

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

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm.

G.2 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, U.S. Coast Guard, Facilities Design and Construction Center Det. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and direct to the Contracting Officer at:

USCG Facilities Design and Construction Center Det.

Attention: Gabriel Perez, Contracting Officer 915 2nd Ave, Room 2664 Seattle, WA 98174 Phone: 206-220-7424 Fax: 220-7390 E-mail: gabriel.d.perez@uscg.mil; and dana.e.hiatt@uscg.mil https://www.fincen.uscg.mil/secure/payment.htm

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIRED INSURANCE

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

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

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

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

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

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

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

H.2 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

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

(a) Security Passes: Contractor personnel shall obtain security passes from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid driver’s license, birth certificate or company ID card to be issued a security pass. Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the Contracting Officer’s Technical Representative (COTR).

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

(c) Protection of Property: The Contractor shall protect the existing surrounding equipment, personal belongings and property during the course of this work. Any damage caused by the Contractor shall be corrected at the Contractor’s expense. The Contractor will be responsible for repair of any damage incurred to turf, landscaping, buildings, utilities or pavement as a result of his work at no additional cost to the government.

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

H.3 VEHICLE PASSES

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

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

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

SHALL NOT EXCHANGE VEHICLE PASSES

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

H.4 WAGE RATES

Applicable Davis Bacon Wage Determination. Also, see reference Attachment J.5 Special Contract Requirements.

H.5 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor's Release, DHS form 700-3.

Failure to submit this completed release shall result in delay of final payment.

H.6 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.07 ACCIDENT PREVENTION STATE OSHA HEALTH AND SAFETY STANDARDS

This contract is for construction, dismantling, demolition or removal of improvements and the contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

In addition to the safety requirements above, all State OSHA Health and Safety Standards are included into this contract in full force and effect, and the most stringent of the standards will apply.

H.08 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractor's are required to comply with local VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work will be performed.

(b) The compliance plan shall be submitted by the Contractor to the Contracting Officer within thirty calendar days after receipt of award , and prior to the use of any "VOC" materials on the project site. The Government will approve or disapprove the Contractor's compliance plan within five calendar days after receipt. Should the Government reject the compliance plan, the Contractor shall resubmit a revised compliance plan within three calendar days after receipt of the rejection notification. Failure on the part of the Contractor to submit an acceptable "VOC" plan, shall not be grounds for a time extension to the performance period.

(c) An acceptable compliance plan shall contain, as a minimum:

(i) A listing of each material subject to restrictions in the air quality management district in question;

(ii) The rule governing its use;

(iii) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

(iv) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H.09 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. Otherwise access to the Coast Guard facility may be denied. Special security provisions may apply to some task orders. Employees may be required to submit to a background check and be United State citizens.

H.10 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS

This is to clarify that contract clause 52.236-21 refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

H. 11 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

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

H. 12 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE

In the event of conflict or inconsistency between any of the below described portions of the conformed contract, precedence shall be given in the following order:

(1) Any portions of the proposal or final design that exceed the requirements of the solicitation.

(a) Any portion of the proposal that exceeds the final design.

(b) Any portion of the final design that exceeds the proposal.

(c) Where portions within either the proposal or the final design conflict, the portion that most exceeds the requirements of the solicitation has precedence.

(2) The requirements of the solicitation, in descending order or precedence:

(a) Standard Form 1442, Price Schedule, and Davis-Bacon Wage Rates.

(b) Part 1 - Contract Clauses.

(c) Part 2 - General Requirements.

(d) Part 3 - Project program Requirements.

(e) Part 6 - Attachments (excluding Concept Drawings).

(f) Part 5 - Prescriptive Specifications exclusive of performance specifications.

(g) Part 4- Performance Specifications exclusive of prescriptive specifications.

(h) Part 6 - Attachments (Concept Drawings).

SECTION I

CONTRACT CLAUSES

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

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

www.acquisition.gov/FAR and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf and https://www.dhs.gov/sites/default/files/publications/CPO_HSAR.pdf http://farsite.hill.af.mil/vffara.htm

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER (MAY 2011)

52.204-7 SYSTEMS FOR AWARD MANAGEMENT (JUL 2013)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2015)

52.204-13 SYSTEMS FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.204-14 SERVICE CONTRACT REORTING REQUIREMENT (JAN 2013)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY

CONTRACTS (JAN 2014)

52.204-16 COMMERICAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (NOV 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (OCT 2015)

52.