IFB__Construction_FAC_85__for_PMV092.pdf

HSCG82-16-B-PMV092

T letter

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.

mailto:OPAP@uscg.mil

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

Table of Contents

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

SECTION B - SUPPLIES OR SERVICES AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

9/22/2016

PAGE OF

PAGES

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

The "offer" section on the reverse must be fully completed by offeror.

The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

21-16-826PMV092

6. PROJECT NUMBER.

4469727

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117

TH

AVENUE

MIAMI, FLORIDA 33177-1630

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117

TH

AVENUE

MIAMI, FLORIDA 33177-1630

9. FOR INFORMATION

CALL

A. NAME

Marvin Bethel, Contract Specialist

B TELEPHONE NUMBER (INCLUDE AREA CODE) (NO COLLECT CALLS)

(305) 278-6718

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):

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

SUMMARY OF WORK: CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS AND SUPERVISION NECESSARY TO

PERFORM A LEAD PAINT ABATEMENT AND ASBESTOS REMOVAL, AND PERFORM MAJOR M&R MAIN BUILDING REPAIRS U.S. COAST

GUARD CENTER KICKAPOO, VICKSBURG, MS. ALL FIXTURES, MATERIAL AND EQUIPMENT MUST BE MANUFACTURED IN THE US. ALL

WORK SHALL BE PERFORMED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS PROJECT NO. 4469727, CONCEPTUAL DRAWINGS

(M1980-D), AND THE CONTRACT.

LOCATION: U.S. COAST GUARD CENTER KICKAPOO, VICKSBURG, MS, 225 Coast Guard Rd, Vicksburg, MS 39813

NOTICE: FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS PROJECT. SEE CLAUSE 52.232-18- “AVAILABILITY FO FUNDS”

NOTICE OF ORGANIZED SITE VISIT: IN ACCORDANCE WITH FAR 52.236-27 PARAGRAPH (b) AND (c), SITE VISIT (CONSTRUCTION) (FEB

1995) ALTERNATE I (Feb 1995):

(b) An organized site visit has been scheduled for 12 October 2016 at 10:00 AM CST.

(c) Participants will meet at:

Address: 225 Coast Guard Rd, Vicksburg, MS 39813

All participants must send an email to MKC Thomas Arnold at mailto:arnold.a.thomas@uscg.mil no later than 7 October 2016 with all personnel full name, company name and a good contact number so your company can gain access to the location.

Offerors are requested to review this IFB as soon as possible upon receipt. If an offeror has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, in writing, referencing section and paragraph of solicitation, to the U.S. Coast Guard, Civil Engineering

Unit Miami, 15608 SW 117 Avenue, Miami, FL 33177. The deadline for submitting Requests for Information (RFIs) is due no later than 2pm EDT 14 October

2016; any RFI's received after this date the Government cannot guarantee an answer. A final amendment with questions and answers will be issued approximately

10 days prior to proposal due date. Email address is: marvin.c.bethel@uscg.mil."

11. The contractor shall begin performance within 10 calendar days and complete it within 210 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See Section F).

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM EST (hour) local time 25 October 2016. If this is a sealed bid solicitation, offers must 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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) mailto:arnold.a.thomas@uscg.mil

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

DUNS: _________________________________________

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

CAGE: _________________________________________

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 this offer is accepted by the Government in writing calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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 NO.

DATE

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

20b. SIGNATURE

20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

BLOCK 27

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117

TH

AVENUE

MIAMI, FLORIDA 33177-1630

COMMERCIAL INVOICES

U. S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

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

ODALYS MCGEE, CONTRACTING OFFICER

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

CEU MIAMI – IFB_Construction 3 (Rev 7/12/16 FAC 2005-85)

SECTION B - SUPPLIES OR SERVICES AND PRICES

**ALL ITEMS ARE TO BE PRICED SEPARATELY**

ITEM 0001

BASE BID ITEM: Contractor shall provide all labor, equipment, tools, and materials and Supervision necessary to perform a Lead Paint Abatement and Asbestos removal. To replace roof; Repair /replace windows’ New reflected ceiling; replace the galley kitchen and renovate recreational and training areas.

Renovate Common head by separating bathroom from laundry room. Renovate gym area & office space; Renovate Bedroom areas; Replace Main building floors; Repair/replace cracked façade; to include, moisture spots which are present on various places along the exterior areas; Repair Overhang where spalling concrete and exposed rebar. Install new HVAC system and duct work in main building.

Conduct electrical interior work and telecommunication requirements. Remove and dispose of the existing plumbing and provide new plumbing fixtures. Replace Exterior lighting upgrade (light poles and flood) at U.S. Coast Guard Center Kickapoo, Vicksburg, MS. All work shall be performed in strict accordance with the specifications Project No. 4469727, Conceptual Drawings (M1980-D), and the contract.

ONE JOB COMPLETE $

OPTION ITEMS: Quantities of the following option item(s) will be determined at time of award or at anytime within 60 calendar days after award of the contract.

ITEM 0002

OPTION ITEM 1: Telecommunication: Contractor shall provide all tools, material, equipment, labor and supervision i n a c c o r d a n c e w i t h t h e S u m m a r y o f W o r k , S p e c i f i c a t i o n a n d

D r a w i n g d o c u m e n t s f o r Telecommunication Requirement.

ITEM 0003

OPTION ITEM 2: Bathroom’s Privacy Door: Contractor shall provide all tools, labor, materials, equipment, supervisor, necessary to provide six (6) 2’-6” x 7’-0” wood Barn doors for bathroom’s privacy. Single door thickness shall be 13/8 in. with heavy duty rolling track system in black, door finish to be hard wood veneer espresso color, including hardware and installation which s hall remain in effect throughout the term of the contract.

Unit Price for Privacy Door (6 EA): Es t . Qty 6 X Unit Price EA = $____________

UNIT PRICE ITEMS: THE CONTRACTING OFFICER RESERVES THE RIGHT TO ACCEPT OR

REJECT ANY INDIVIDUAL UNIT PRICE BID ITEM. IF ACCEPTED, THE QUANTITY LISTED

BELOW WILL BE FUNDED AT THE TIME OF BASE BID AWARD. PAYMENT OF THE UNIT

PRICE ITEM(S) WILL BE MADE ON THE ACTUAL QUANTITY PROVIDED AND AS

VERIFIED BY THE CONTRACTING OFFICER’S REPRESENTATIVE.

Provide all labor, materials, tools, equipment and supervision necessary to perform the following unit price items. All work shall be performed in accordance with the specifications and drawings.

CEU MIAMI – IFB_Construction 4 (Rev 7/12/16 FAC 2005-85)

ITEM 0004

UNIT PRICE ITEM 1: Temporary Trailer Rental: Contractor shall provide all tools, material, equipment, labor and supervision to furnish a 16’-0” x 48’-8” temporary berthing trailer for 4 people with 2 berthing rooms, two bathrooms, one living space, water heater in closet, laundry closet with side by side washer and dryer machines, kitchenette area with refrigerator, microwave oven, aluminum sink and kitchen counter, and complete with air conditioning, lighting, power, water and sewer connections.

Trailer to be used as berthing for USCG personnel during construction. Unit price for monthly rental cost of office trailer shall remain in effect throughout the term of the contract.

Mobilization (one time cost): $_____________

Demobilization (one time cost): $_____________

Unit Price Office Trailer (1 Month): $_____________X Est Qty 7 Months: $__________

ITEM 0005

UNIT PRICE ITEM 2: Concrete Spalls: Contractor shall provide all tools, material, equipment, labor and supervision to provide unit price per cubic feet to repair five (5) cubic feet of concrete spalls on roof precast concrete double tees as per details in the drawings. Unit price p e r Cub i c fee t ( c f ) fo r Concrete Spalls s hall remain in effect throughout the term of the contract.

Unit Price for Concrete Spalls (5 c f ) Es t . Qty 1 X Unit _ _ c f = $_____________

TOTAL BID PRICE: (BASE BID, OPTION ITEMS AND UNIT PRICE ITEMS): $ _________________

CEU MIAMI – IFB_Construction 5 (Rev 7/12/16 FAC 2005-85)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATIONS AND DRAWINGS:

(a) SEE SECTION J - “LIST OF ATTACHMENTS”

(b) DRAWINGS MEASUREMENTS SHOULD BE FIELD VERIFIED BY THE SUCCESSFUL CONTRACTOR

PRIOR TO ORDERING MATERIAL

(c) Failure to read the specifications in their entirety will not relieve the offerors from responsibility for properly estimating the difficulty or cost of successfully performing the work. Failure to do so will be at offeror’s risk.

(d) Each offeror shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect will be rejected as non-responsive. Deviations from, or exceptions to, the specifications or delivery schedule are causes for rejection. Offers for supplies or services other than those specified will not be considered unless authorized by this solicitation.

SECTION D - PACKAGING AND MARKING

THIS SECTION IS NOT APPLICABLE

CEU MIAMI – IFB_Construction 6 (Rev 7/12/16 FAC 2005-85)

SECTION E - INSPECTION AND ACCEPTANCE

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) below.

(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 re-inspection 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 non conforming 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.

(End of clause)

E.2 CONTRACTOR INSPECTION SYSTEM

(a) Provide all necessary equipment, instruments, qualified personnel, facilities, and test fluids and gases, and perform all inspections, sampling, testing, and certifications specified in the individual Sections of the Specifications; fill out Daily

CEU MIAMI – IFB_Construction 7 (Rev 7/12/16 FAC 2005-85)

Construction Report forms as documentation and submit the forms to the Government inspector by 10:00 a.m. on the first working day following the day the work was performed. Sample forms are provided in Section J of this contract. Daily

Construction Report forms will be furnished to the Contractor.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY

REFERENCE:

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 IN ADDITION TO THE ABOVE CLAUSES INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES

ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) ALTERNATE I

(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 210 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

No additional time will be added to the contract should Option Items be exercised.

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 schedules 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.

CEU MIAMI – IFB_Construction 8 (Rev 7/12/16 FAC 2005-85)

(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.3 CONTRACTOR’S SCHEDULE

A preliminary copy of the Contractor’s proposed schedule shall be prepared and submitted to the Contracting Officer prior to the preconstruction conference. Any questions or problems that might cause a delay in approval of the schedule can be addressed during this conference.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 SUBMITTALS/SHOP DRAWINGS:

Contractor shall provide a schedule of required submittals indicating the order in which the Contractor proposes to provide the required submittals and the dates on which the Contractor plans to provide said submittals. This schedule shall be provided prior to the preconstruction conference for review and discussion during the conference. The Contractor is to forward five (5) copies of applicable submittals to the Contracting Officer. The Contracting Officer will indicate his/her approval or disapproval of the submittals/shop drawings and if not approved as submitted shall indicate reasons thereof. Any work done prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from the responsibility for complying with the requirements of this contract.

G.2 PRECONSTRUCTION CONFERENCE:

As soon as practicable after the award of contract, a mutually agreeable time and date for a preconstruction conference between the representatives of the Government and the Contractor will be established. This conference will be held either by telephone or, if convenient, at the site or this office to discuss the terms and conditions of the contract. Below are some of the items to be discussed:

(a) Detailed procedures for the administration of the project,

(b) Identify the authorized representatives of the Government and the Contractor’s Superintendent(s),

(c) Contractor’s field office address and telephone number,

(d) Contractor’s draft Construction Progress Schedule (Section F (F.4))

The Notice to Proceed date will be established during this meeting.

(e) Procedures for processing periodic pay estimates (Section G (G.3-6))

(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals

(Section G (G.1))

(g) Requirements and procedures for preparing work schedules and reporting programs,(Section E (E.2))

(h) Procedures for equal opportunity compliance,

(i) Information on delivery of Government-furnished property (If Applicable).

G.3 DESIGNATED BILLING OFFICE

CEU MIAMI – IFB_Construction 9 (Rev 7/12/16 FAC 2005-85)

(a) Submit original invoice to the following 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

(b) Submit a copy of the invoice with any required supporting documentation to the Contracting Office:

U. S. COAST GUARD

CIVIL ENGINEERING UNIT MIAMI

15608 S. W. 117

TH

AVENUE

MIAMI, FLORIDA 33177-1630

(c) 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.

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

(e) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm.

G.4 INVOICE

(a) To be accomplished on the form provided by the Coast Guard. See Section J for copy of said form.

(b) In addition to the items required for a proper invoice under FAR 52.232-5 and 52.232-27, the invoice must also include the following information:

1. Invoice Routing Code: CEU-MIAMI

2. Name of the Contract Specialist

3. Indication that the contractor represents a small business for accelerated payment purposes.

(c) To facilitate the approval and processing of an invoice, contractor shall furnish an advance copy of the invoice to the Contracting Officer’s Technical Representative for review of the invoice amount and estimates of work accomplished prior to submission to the billing office.

G.5 GOVERNMENT REPRESENTATIVES

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

CEU MIAMI – IFB_Construction 10 (Rev 7/12/16 FAC 2005-85)

The Government may, upon contract award or thereafter, name representatives with titles such as Project Engineer, Contracting Officer’s Technical Representative(s), Inspector(s), and so on. Such individuals will be named in writing by the Contracting Officer, with individual responsibilities set forth at that time.

In any event, no such named individual has the authority to issue any direction under this contract either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. Only the

Contracting Officer is authorized to alter the contract in any manner.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. JOB SUPERINTENDENT

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6. The contractor shall provide a job superintendent on the site at all times during contract performance that is able to read, write, understand, and speak English.

H.2 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor, in connection with any proposal made for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

H.3 SANITATION

Adequate sanitary conveniences of an approved type for the use of persons employed on the work, and properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be required or approved by the Contracting Officer. These conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the work they shall be removed from the premises, leaving the premises clean and free from nuisance.

H.4 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, a written request shall be made, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command, where the work is to be performed, normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor’s application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.5 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

CEU MIAMI – IFB_Construction 11 (Rev 7/12/16 FAC 2005-85)

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR

Clause 52.222-11 in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

H.6 REQUIRED BONDING –

PERFORMANCE BOND (Standard Form 25) will be required as follows: 100% of total amount of contract;

PAYMENT BOND (Standard Form 25a) will be required as follows: 100% of total amount of contract;

Performance and payment bonds placed with a surety or sureties acceptable to the Government and in the amounts indicated shall be submitted within ten (10) calendar days after receipt of award and shall be maintained for the entire contract.

H.7 REQUIRED INSURANCE

(a) The contractor shall procure and maintain insurance during the entire period of performance under this contract, in accordance with Federal Acquisition Regulation Clause 52.228-5, INSURANCE - WORK ON A GOVERNMENT

INSTALLATION (JAN 1997) (See Section I). FAR 28.307-2 states the following minimum amounts of liability:

MINIMUM COVERAGE REQUIRED

(1) Workers’ Compensation and Employer’s Liability - 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.

(2) General Liability. - bodily injury liability insurance coverage written on the comprehensive form of policy of at least

$500,000. per occurrence.

(3) Automobile Liability. - automobile liability insurance written on the comprehensive form of policy of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(b) As evidence that the specified insurance has been obtained, the contractor shall furnish the contracting officer with a certificate of insurance. Such certificate shall be furnished prior to commencement of work and shall provide for thirty

(30) calendar days written notice to the Contracting Officer.

CEU MIAMI – IFB_Construction 12 (Rev 7/12/16 FAC 2005-85)

PART II – CONTRACT CLAUSES

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 it was given in full text. Upon request, the Contracting Officer will make full text available. Also, the full text of a clause may be assessed electronically at this/these address(es): http://www.arnet.gov/far/

I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEPT 2006)

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)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS &

REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-7 SYSTEMS FOR AWARD MANAGEMENT (JUL 2013)

52.204-9 PERSONNEL 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 REPORTING REQUIREMENTS (JAN 2014)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2015)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

52.214-26 AUDIT AND RECORDS - SEALED BIDDING (OCT 2010)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA—MODIFICATIONS—SEALED BIDDING (AUG 2011)

52.214-28 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS -

SEALED BIDDING (OCT 2010)

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

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

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52.217-7 OPTION FOR INCREASED QUANTITY–SEPARATELY PRICED LINE

ITEM (MAR 1989)

The Contracting Officer may exercise the option by written notice to the

Contractor within 60 calendar days from award.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-

OVERTIME COMPENSATION (MAY 2014)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (APR 2015)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(d) The environmental point of contact for this contract is: Odalys McGee, (305) 278-6727, Odalys.McGee@uscg.mil.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA (JAN 1997)

ALT I (JULY 1995)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

52.223-15 ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS (DEC 2007)

CEU MIAMI – IFB_Construction 14 (Rev 7/12/16 FAC 2005-85)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (DEC 2007)

52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007)

52.228-1 BID GUARANTEE (SEPT 1996)

(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price.

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE -WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION STRUCTURE, EQUIPMENT,

UTILITIES AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREA (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION, ALT I (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.236-27 SITE VISIT (CONSTRUCTION), ALTERNATE I (FEB 1995)

52.242-13 BANKRUPTCY (JULY 1995)

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52.243-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUNE 2007)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ALT I (APR 1984)

52.248-3 VALUE ENGINEERING - CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED

PRICE) (APR 2012) – ALT I (SEPT 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.3 DEPARTMENT OF HOMELAND SECURITY REGULATION (HSAR) (48 CFR

CHAPTER 30) CLAUSES

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES

(SEP 2012)

3052.209-79 REPRESENTATION BY CORPORATION REGARDING A FELONY

CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW

OR UNPAID FEDERAL TAX LIABILITY (FEB 2014)

3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF

THE CONTRACT WORK (DEC 2003)

3052-222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS

FACILITY (DEC 2003)

3052.222-90 LOCAL HIRE (USCG) (JUNE 2006)

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES -

APPLICABLE LICENSES AND PERMITS (JUNE 2006) If the

Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 days after date of award.

3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

3052.228-70 INSURANCE (DEC 2003)

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND

PROTECTION (USCG) (DEC 2003)

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(DEC 2003)

I.4 IN ADDITION TO THE ABOVE CLAUSES INCORPORATED BY REFERENCE,

THE FOLLOWING CLAUSES ARE APPLICABLE TO THE SOLICITATION AND

RESULTING CONTRACT:

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Senior Field Contracting

Officer, Civil Engineering Unit Miami and shall not be binding until so approved.

(End of Clause)

52.222-30 – CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE

ADJUSTMENT

(NONE OR SEPARATELY SPECIFIED METHOD) (MAY 2014)

CEU MIAMI – IFB_Construction 16 (Rev 7/12/16 FAC 2005-85)

(a) The wage determination issued under the Construction Wage Rate Requirements statute by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of--

(1) Incorporation of the Department of Labor’s wage determination applicable at the exercise of the option to extend the term of the contract.

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Construction Wage Rate Requirements statute.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause—

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

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

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

2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46

U.S.C. App. 1702), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

CEU MIAMI – IFB_Construction 17 (Rev 7/12/16 FAC 2005-85)

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: “NONE”

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American

Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination…