SF18_Construction.docx
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- Solicitation number
- HSCG82-17-Q-PMV200
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SOLICITATION# HSCG82-17-Q-PMV200
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| 17B0477_2_ECI_email_BULK_ASBESTOS_02_27_17_1043.pdf | ||
| Painting_and_Flooring_Scope_of_Work.pdf |
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
| THIS RFQ |X| IS |_| IS NOT A SMALL BUSINESS SET ASIDE |
| PAGE OF PAGES |
1 12
1 request no.
HSCG82-17-Q-PMV200
2. date issued 3/10/2017
3. REQUISITION/PURCHASE REQuest no.
21-17-827PMV200
4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
rating
5a. ISSUED BY
USCG, CEU MIAMI, 15608 SW 117TH AVE, MIAMI, FL 33177-1630
6. delivery by (Date)
45 CALENDAR DAYS FROM NTP
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. delivery |
| name |
| telephone number |
| |X| FOB DESTINATION |_| OTHER (See schedule) |
| MAUREEN JACKSON |
| area code |
| number |
| 9. DESTINATION |
| CONTRACT SPECIALIST |
| (305) |
| 278-6721 |
| a. NAME OF CONSIGNEE |
| 8. TO: |
| USCG SECTOR MOBILE |
a. NAME
b. COMPANY
b. STREET ADDRESS 1500 15th STREET
c. STREET ADDRESS
c. CITY
MOBILE
d. CITY
e. STATE
f. ZIP CODE
d. STATE
AL
e. ZIP CODE 36615
10. please furnish quotations to the issuing office in block 5a on or before close of business (date)
3/24/2017 IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
PLEASE PROVIDE A PRICE BREAKDOWN WITH YOUR QUOTE.
)0001
CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, AND SUPERVISION TO REPLACE CARPET/VINYL TILE FLOORING AND PAINT INTERIOR WALLS FOR BLDG 102 AT SECTOR MOBILE. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE ATTACHED TERMSAND SPECIFICATIONS.
ONE COMPLETE
JB
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS (%) |
| c. 30 CALENDAR DAYS (%) |
| d. CALENDAR DAYS |
| 12. DISCOUNT FOR PROMPT PAYMENT: |
| NUMBER |
PERCENTAGE
NOTE: Additional provisions and representations |X| are |_| are not attached.
| 13. NAME AND ADDRESS OF QUOTER |
| 14. signature of person authorized to sign quotation |
| 15. date of quotation |
a. name of quoter
| b. street address |
| 16. SIGNER |
| a. name (Type or print) |
| b. telephone |
c. COUNTY
AREA CODE
d. city
e. state
f. zip code
c. TITLE (Type or print)
NUMBER
| Previous edition not usable | STANDARD FORM 18 (Rev. 6-95) |
| Prescribed by GSA - FAR (48 CFR) 53.215 |
PART II
CONSTRUCTION CLAUSES
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.204-7 | SYSTEM FOR AWARD MANAGEMENT (OCT 2016) |
| 52.204-9 | PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) |
| 52.204-13 | SYSTEM FOR AWARD MAINTENANCE (OCT 2016) |
| 52.213-4 | TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2017) |
(c) FAR. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far/
| 52.219-6 | NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013) |
| 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 (JUL 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 CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) |
| 52.222-14 | DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) |
| 52.222-15 | CERTIFICATION OF ELIGIBILITY (MAY 2014) |
| 52.222-27 | AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015) |
| 52.223-2 | AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) |
| 52.223-17 | AFFIRMATIVE PROCUREMENT OF EPA DESTINATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) |
| 52.223-18 | ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) |
| 52.225-25 | PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS |
| (OCT 2015) | |
| 52.227-1 | AUTHORIZATION AND CONSENT (DEC 2007) |
| 52.228-5 | INSURANCE –WORK ON GOVERNMENT INSTALLATION (JAN 1997) |
| 52.232-5 | PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014) |
| 52.232-22 | LIMITATION OF FUNDS (APR 1984) |
| 52.232-23 | ASSIGNMENT OF CLAIMS (MAY 2014) |
| 52.232-24 | PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014) |
| 52.232-27 | PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) |
| 52.232-40 | PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS |
| (DEC 2013) | |
| 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 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 – ALTERNATE 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) |
| 52.242-14 | SUSPENSION OF WORK (APR 1984) |
| 52.243-5 | CHANGES AND CHANGED CONDITIONS (APR 1984) |
| 52.245-1 | GOVERNMENT PROPERTY (JAN 2017) |
| 52.246-12 | INSPECTION OF CONSTRUCTION (AUG 1996) |
| 52.246-21 | WARRANTY OF CONSTRUCTION (MAR 1994) |
B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30) CLAUSES
| 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) (JUN 2006) |
| 3052.223-90 | ACCIDENT AND FIRE REPORTING (DEC 2003) |
| 3052.236-70 | SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (DEC 2003) |
| 3052.242-72 | CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003) |
IN ADDITION TO THE ABOVE CLAUSE 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 (45) calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate “none”]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
| Foreign construction material |
| _______ |
| _______ |
| _______ |
| Domestic construction 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).]
(End of clause)
SOLICITATION NO, HSCG82-17-Q-PMV200
CEU MIAMI – SAP_Construction 12 (FAC 2005-95/ 1/19/2017
SPECIAL CONTRACT REQUIREMENTS – REQUIRED BONDING
NOTE: IF THE PURCHASE ORDER IS OVER $30,000, THE FOLLOWING CLAUSES ARE INCLUDED by reference. Payment bond will be required for 100% of the total contract price
A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
| 52.228-2 | ADDITIONAL BOND SECURITY (OCT 1997) |
| 52.228-11 | PLEDGES OF ASSETS (JAN 2012) |
| 52.228-12 | PROSPECTIVE SUBCONTRACTOR REQUEST FOR BONDS (MAY 2014) |
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)
(a) The Contractor shall submit one of the following payment protections:
(i) A payment bond.
(ii) An irrevocable letter of credit (ILC).
(iii) A deposit of the type of security found in FAR 28.204-1, United States bonds or notes, or FAR 28.204-2, Certified or cashier’s checks, bank drafts, money orders, or currency.
(b) The submission of the payment protection is required within ten (10) calendar days of contract award.
(c) Payment bonds are retained for a period of one-year following final payment or until resolution of all claims filed against the payment bond.
B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30)-CLAUSES
3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003)
**NOTE: ONCE BONDS ARE RECEIVED, A NOTICE TO PROCEED WILL BE ISSUED.
SUBMITTALS ARE DUE WITHIN TEN (10) CALENDAR DAYS UPON RECEIPT OF CONTRACT AWARD.
PART III
ATTACHMENTS
TITLE
(1) WAGE DETERMINATION (AL170057 dated 01/06/2017 AL57)
(2) SPECIFICATIONS
PART IV
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
THE ESTIMATED PRICE RANGE OF THIS REQUIREMENT IS BETWEEN $25,000 and $100,000.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more provisions 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 provision may be assessed electronically at this/these address(es): https://acquisition.gov/far/.
THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(b) Goals for minority participation for each trade is 25.9% Goals for female participation for each trade is 6.9%
(e) As used in this notice, and in any contract resulting from this solicitation, the “covered area” is (Mobile, Mobile County, Alabama)
52.223-1 BIOBASED PRODUCT CERTIFICATION ( MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(b) Site visits may be arranged during normal duty hours by contacting:
USCG SECTOR MOBILE
1500 15th Street Mobile, AL 36615
POC: Mr. Direck Satterfield
(251) 441-5195
IN ADDITION TO THE ABOVE PROVISIONS INCORPORATED BY REFERENCE, THE FOLLOWING PROVISION ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:
A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.
(2) The small business size standard is $15 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.
__ (A) Basic.
__ (B) Alternate I.
__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vi) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
SOLICITATION NO. HSCG82-17-Q-PMV200
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
(End of provision)
52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
| 3052.209-70 | PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES | |
| (JUN 2006) |
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—
(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
[ ] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;
[ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or [ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of provision)
DESIGNATED BILLING OFFICE
(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:
https://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:
CONTRACTING OFFICER
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: -.
INVOICE
(a) To be accomplished on the form provided by the Coast Guard.
(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.
General Decision Number: AL170057 01/06/2017 AL57
Superseded General Decision Number: AL20160057
State: Alabama
Construction Type: Building
County: Mobile County in Alabama.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/06/2017
ENGI0653-003 10/01/2013
Rates Fringes Operating Engineers:
Crane (Conventional & Hydraulic 100 to 400 Tons) and Tower Cranes............$ 27.05 11.38 Crane (Conventional & Hydraulic up to 100 Tons), Derrick (Stationary Crane with 2 or more drums), and Front End Loader............$ 26.05 11.38 Cranes with 350 feet or more boom and/or 400 to 600 Ton capacity............$ 28.15 11.38 Cranes with 500 feet Boom and/or 600 ton capacity.....$ 28.50 11.38 Forklift....................$ 24.80 11.38 Oiler.......................$ 23.85 11.38
* SHEE0441-004 07/01/2014
Rates Fringes Sheet Metal Worker (including HVAC Duct Work)..................$ 20.00 11.72
WAGE DETERMINATION - 5 - ATTACHMENT (1)
SUAL2007-049 10/02/2007
Rates Fringes
BRICKLAYER.......................$ 17.00 0.00
CARPENTER, Includes Form Work....$ 14.95 0.00
CEMENT MASON/CONCRETE FINISHER...$ 13.98 0.00
ELECTRICIAN......................$ 14.39 0.32
IRONWORKER, REINFORCING..........$ 10.87 0.00
IRONWORKER, STRUCTURAL...........$ 14.17 0.00
LABORER: Common/General, Including Landscaping............$ 8.88 0.00
LABORER: Pipelayer..............$ 9.15 1.18
OPERATOR: Backhoe...............$ 11.00 1.30
OPERATOR: Bulldozer.............$ 12.94 2.47
OPERATOR: Excavator.............$ 16.00 0.00
OPERATOR: Grader/Blade..........$ 12.61 0.00
PAINTER: Brush, Roller and Spray............................$ 12.10 0.00
PIPEFITTER.......................$ 17.54 0.00
PLASTERER........................$ 15.00 0.00
PLUMBER..........................$ 14.89 1.39
ROOFER, Includes Built Up, Polyurethane Foam, Metal, Shake & Shingle, and Single Ply Roofs........................$ 9.79 0.00
TILE SETTER......................$ 12.93 0.72
TRUCK DRIVER.....................$ 12.00 0.32
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
File details come from the government source that posted it. Updated .