IFB__Construction_HSCG-16-B-PMV128.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

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

HSCG82-16-B-PMV128

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/31/2016

PAGE OF PAGES

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

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

21-16-826PMV128

6. PROJECT NUMBER

5147648

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

SAME AS BLOCK 7

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

ATTN: ODALYS MCGEE, CONTRACTING BRANCH

9. FOR INFORMATION

CALL

A. NAME

ODALYS MCGEE

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

(305) 278-6727

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 CONCERN SET-ASIDE

SUMMARY OF WORK: CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS AND SUPERVISION NECESSARY TO PROVIDE SITE DEMOLITION, AND NEW SITE WORK. THE WORK INCLUDES REPLACEMENT OF BULKHEAD, REPLACEMENT OF EXISTING CLEATS, DESIGN AND INSTALLATION OF NEW SOIL ANCHORS, LOAD TESTS, CONCRETE FILL, CONCRETE PILE CAP AND BULKHEAD FACE, , UNDERWATER SURVEY& REMOVAL OF DEBRIS, MINOR EXCAVATION AND FILL.

ALL WORK SHALL BE PERFORMED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS PROJECT NO. 5147648, DRAWINGS

NUMBER M2140-D, AND THE CONTRACT.

LOCATION:U.S. COAST GUARD BASE MIAMI BEACH, 100 MACARTHUR CSWY, MIAMI BEACH, FLORIDA 33139

NOTICE: FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS PROJECT. SEE CLAUSE 52.236-18- “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 Wednesday, April 13, 2016 at 10:00am.

(c) Participants will meet at the Gator Den Annex Address: 100 MacArthur Causeway, Miami Beach, FL 33139 Must Confirm attendance prior to arriving by contacting LT Stephanie Wood via email: Stephanie.D.Wood@uscg.mil or (305) 535-4589,Or MAT Jason Kotz via email: Jason.A.Kotz@uscg.mil or (305) 535-4547.

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) and be guaranteed answers is (15 days before Bid Opening Date at 2:00PM); any RFI's received after this date the Government cannot guarantee an answer. A final amendment with questions and answers will be issued 10 days prior to proposal due date. Email address is: Odalys.McGee@uscg.mil."

11. The contractor shall begin performance within 10 calendar days and complete it within 220 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 (Eastern Standard Time) local time MAY 3, 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.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) mailto:Stephanie.D.Wood@uscg.mil mailto:Jason.A.Kotz@uscg.mil

OFFER (Must be fully completed by offeror)

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: _________________________________________

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 117TH 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)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/214) BACK

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SECTION B - SUPPLIES OR SERVICES AND PRICES

**ALL ITEMS ARE TO BE PRICED SEPARATELY**

BASE BID ITEM: Contractor shall provide all labor, equipment, tools, materials and supervision necessary to perform site demolition and new site work. The work includes but is not limited to the following; Replacement of bulkhead, replacement of existing cleats, design and installation of new soil anchors, load test, concrete fill, concrete pile cap, underwater survey, removal of debris, minor excavation and fill, replacement of concrete fill, fabrication and installation of warring signs, new slab, installation of new pavement. Design and installation of short anchors and new soil anchors, design bulkhead termination and tie in to existing wall and installation of sheet piles. All work shall be performed in strict accordance with the specifications project No. 5147648, Drawings number M2140-D, and the contract.

ONE JOB COMPLETE $

OPTION ITEM(S): 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.

OPTION ITEM 1: RUBBER FENDERS: Provide all tools, materials, equipment, labor and supervision to remove, and install 15, 8 ft long X 5 ft wide (+/- 1’ on either dimension) Super Heavy Duty Rubber Elliptical Fenders with stainless steel hardware at location indicated by Contracting Officer (KO). No additional days shall be added to the performance period if this item is awarded.

OPTION ITEM 2: TIMBER FENDERS: Provide all tools, materials, equipment, labor and supervision to provide and install new 10 X 10 marine treated timber fendering throughout the construction zone with through bolts to new curb. Match existing. No additional days shall be added to the performance period if this item is awarded.

UNIT PRICE ITEMS: Provide all labor, materials, tools, equipment and supervision necessary to perform the following unit price items. Actual quantities shall be determined by the government and adjusted accordingly. All work shall be performed in accordance with the specifications and drawings.

UNIT PRICE ITEM 1: RUBBER FENDER: Provide all tools, materials, equipment, labor and supervision to remove, and install 15, 8 ft long X 5 ft wide (+/- 1’ on either dimension) Super Heavy Duty Rubber Elliptical Fenders with stainless steel hardware at location indicated by Contracting Officer (KO) . No additional days shall be added to the performance period if this item is awarded.

EST QTY: 1 Rubber Fender UNIT PRICE: $_________ ITEM TOTAL: $_________

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UNIT PRICE ITEM 1: SHORT ANCHORS: Provide all tools, materials, equipment, labor and supervision to provide and install one set of Short Anchors.

EST QTY: 1 Set of Short Anchors UNIT PRICE: $_________ ITEM TOTAL: $_________

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

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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

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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

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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:

52.242-14 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)

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 220 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

(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

(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. 117TH 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

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.

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H.5 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

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.

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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)

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 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)

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 days form award.

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

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

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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)

52.222-6 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)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

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)

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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)

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)

3052.211-70 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)

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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)

(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 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

CEU MIAMI – IFB Construction 16 parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 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).

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical…