C7261CPBnr.doc

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard 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 General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 protesters 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 at 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. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address below:

Commandant (G-CPM-S/3) 2100 2nd Street, SW, Room 2606 Washington, D. C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011

TO ACCESS THE STANDARD FORM (SF) 1442, DOUBLE-CLICK ON ABOVE ICON.

AFTER OBTAINING THE SF 1442, CLOSE THE DOCUMENT AND CONTINUE SCROLLING DOWN FROM THIS POINT TO OBTAIN THE REMAINDER OF THE INVITATION FOR BID (IFB).

YOU MUST RETURN ONE (1) COMPLETE COPY OF THE ENTIRE SOLICITATION PACKAGE (SF-1442, AND SECTIONS B-M, PLUS THE REFERENCE SHEET). PLEASE MAIL YOUR BID TO THE ADDRESS LISTED IN BLOCK 7 OF SF-1442.

DO NOT CALL TO INQUIRE IF YOUR BID HAS BEEN RECEIVED, AS THIS INFORMATION WILL NOT BE RELEASED.

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Basic Bid: Provide all necessary labor, materials, equipment, supervision and transportation required to replace pier services, U. S. Coast Guard Station Little Creek, Norfolk, VA.

All work shall be performed in accordance with USCG Specification dated July 2006, USCG Drawing Number 7261-D, Sheets 1-9 of 9, and the clauses and provisions incorporated herein.

Item B-1: $_____________________

(Please insert the bid amount in block 17, SF-1442, page 2).

Note: Please insert your DUNS and Taxpayer I.D. numbers below:

DUNS NUMBER:__________________ TAX ID NUMBER:________________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See USCG Specification dated July 2006 and USCG Drawing Number 7261-D, Sheets 1-9 of 9.

SECTION D - PACKAGING AND MARKING

D-1. Not applicable.

SECTION E - INSPECTION AND ACCEPTANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

E-1. FAR 52.246-12 Inspection of Construction (AUG 1996).

SECTION F - DELIVERIES OR PERFORMANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

F-1. FAR 52.211-10 Commencement, Prosecution & Completion of Work

(APR 1984).

The Contractor shall be required to (a) commence work under this contract within 10 calendar days, (b) prosecute the work diligently, and (c) complete the entire contract within 140 calendar days after receipt of a Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The Performance Period includes 0 weather days. The definition of weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor work day and delay work critical to the timely completion of the project. If the number of actual weather days exceeds the number of days anticipated by the Coast Guard, then the Contracting Officer may convert the qualifying days to calendar days and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction).”

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. ORIGINAL INVOICE to be submitted directly to: (Invoices shall be marked with the Contract and DUNS Number)

Contracting Officer USCG Civil Engineering Unit Attn: P. J. Korenchen 1240 East Ninth Street, Room 2179 Cleveland, Ohio 44199-2060

(THIS IS THE DESIGNATED BILLING ADDRESS).

G-2. NOTE: This contract incorporated FAR Clause 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003). All contractors doing business with the U.S. Government are required to register in this database. No payment can be made until you are registered. You can register online at the Central Contractor Registration database at: www.ccr.dlsc.dla.mil.

The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U. S. Coast Guard.

G-3. CORRESPONDENCE

All correspondence, emails, invoices, etc. shall be sent directly to:

Contracting Officer

USCG Civil Engineering Unit Attn: P. J. Korenchen

1240 East Ninth Street, Rm. 2179

Cleveland, OH 44199-2060

Please ensure that all documents reference the Contract Number.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is between $500,000 and $1,000,000.

H-2. EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (ALL CONTRACTORS HOLDING CONTRACTS OF $10,000 OR MORE)

All contractors holding federal contracts of $10,000 or more are required by federal regulation to report at least annually to the U.S. Department of Labor. Further information and necessary forms can be obtained by writing to:

U.S. Department of Labor Office of Veterans' Employment & Training 649 Monroe St.

Montgomery, AL 36131-2279

H-3. REQUIRED BONDS (BIDS EXCEEDING $100,000).

Bid Bond in the amount of 20% of the bid price shall be submitted with the bid by the time set for bid opening. Performance and Payment Bonds in the amount of 100% of the contract price will be required after award of the contract. Performance and Payment Bonds shall be submitted within TEN calendar days after receipt of Notice of Award. Performance and Payment Bond Forms shall be provided with the "Notice of Award."

The bid bond shall be submitted utilizing the standard form, SF 24, Bid Bond. The form may be accessed at:

http://contacts.gsa.gov/webforms.nsf/0/D7C4A76F131B63D0852569B400042AC8/$file/sf24.pdf

H-4. REQUIRED INSURANCE

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5, Insurance - Work on a Government Installation.

Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

TYPE AMOUNT

Worker's Compensation Per State Law

“Comply with applicable Federal and State worker’s compensation and occupational disease statutes.”

Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury $500,000 per occurrence

Automobile Liability

Bodily Injury $500,000 per occurrence $200,000 per person Property Damage $ 20,000 per occurrence

H-5. MODIFICATION PROPOSALS – PRICE BREAKDOWN

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for--

(i) Material

(ii) Labor

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead; and

2. Must cover all work involved in the modification, whether the work was deleted, added or changed.

(c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts.

(d) The contractor's proposal shall include a justification for any time extension proposed.

H-6. SUPERINTENDENCE BY CONTRACTOR – In accordance with FAR 52.236-6, Superintendence by the Contractor, the contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on-site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor). The profile/summary shall be submitted within ten days after contract award and include an outline of the superintendent’s qualifications and the extent of his authority.

Special Notice: The Superintendent and Alternate shall have the ability to speak, read and write English fluently.

H-7. The Coast Guard now distributes the Technical Data Package (TDP) portion of solicitations through the Federal Technical Data Solution (FedTeDS) website. To obtain the TDP portion of the solicitation, the contractor is required to be registered in the Central Contractor Registration (CCR) database and have a Marketing Partner Identification Number (MPIN). For information on CCR and the MPIN, access the website at: http://www.ccr.gov/vendor.cfm.

H-8. FIELD OFFICE: Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

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

http://www.arnet.gov/far http://farsite.hill.af.mil/vffar1.htm.

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES:

52.202-1 Definitions (JUL 2004).

52.203-3 Gratuities (APR 1984).

52.203-5 Covenant Against Contingent Fees (APR 1984).

52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995).

52.203-7 Anti-Kickback Procedures (JUL 1995).

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997).

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997).

52.203-12 Limitation of Payments to Influence Certain Federal Transactions

(SEP 2005).

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000).

52.204-7 Central Contractor Registration (JUL 2006).

52.204-9 Personnel Identity Verification of Contractor Personnel (JAN 2006).

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(JAN 2005).

52.214-26 Audit and Records – Sealed Bidding (OCT 1997).

52.214-27 Price Reduction for Defective Cost or Pricing Data—Modifications--- Sealed Bidding (OCT 1997).

52.214-28 Subcontractor Cost or Pricing Data – Modifications—Sealed Bidding

(OCT 1997).

52.214-29 Order of Precedence-Sealed Bidding (JAN 1986).

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003).

52.219-8 Utilization of Small Business Concerns (MAY 2004).

52.219-14 Limitations on Subcontracting (DEC 1996). (15%) 52.222-3 Convict Labor (JUN 2003).

52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation

(JUL 2005).

52.222-6 Davis-Bacon Act (JUL 2005).

52.222-7 Withholding of Funds (FEB 1988).

52.222-8 Payrolls and Basic Records (FEB 1988).

52.222-9 Apprentices and Trainees (JUL 2005).

52.222-10 Compliance with Copeland Act Requirements (FEB 1988).

52.222-11 Subcontracts (Labor Standards) (JUL 2005).

52.222-12 Contract Termination - Debarment (FEB 1988).

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988).

52.222-14 Disputes Concerning Labor Standards (FEB 1988).

52.222-15 Certification of Eligibility (FEB 1988).

52.222-21 Prohibition of Segregated Facilities (FEB 1999).

52.222-26 Equal Opportunity (APR 2002).

52.222-27 Affirmative Action Compliance Requirements for Construction

(FEB 1999).

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001).

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998).

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (DEC 2001).

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003).

52.223-6 Drug-Free Workplace (MAY 2001).

52.223-14 Toxic Chemical Release Reporting (AUG 2003).

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006).

52.227-1 Authorization and Consent (JULY 1995).

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(AUG 1996).

52.227-4 Patent Indemnity--Construction Contracts (APR 1984).

52.228-1 Bid Guarantee (SEP 1996). 20%

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 (FEB 1992).

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995).

52.228-14 Irrevocable Letter of Credit (DEC 1999).

52.228-15 Performance and Payment Bonds - Construction (SEP 2005).

52.229-3 Federal, State, and Local Taxes (APR 2003).

52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002).

52.232-17 Interest (JUN 1996).

52.232-23 Assignment of Claims (JAN 1986).

52.232-27 Prompt Payment for Construction Contracts (SEP 2005).

The due date for making PROGRESS PAYMENTS shall be 21 days after receipt of the payment request by the designated billing office.

FINAL PAYMENT shall be 30 days after receipt of the payment request by the designated billing office.

52.232-33 Payment by Electronic Funds Transfer— Central Contractor Registration (OCT 2003). Please register via the following website:

http://www.ccr.dlsc.dla.mil.

52.233-1 Disputes (JULY 2002).

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, Structures, Equipment, Utilities, and Improvements (APR 1984).

52.236-10 Operations and Storage Areas (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 (NOV 1991).

52.236-14 Availability and Use of Utility Services (APR 1984).

52.236-15 Schedules for Construction Contracts (APR 1984).

52.236-17 Layout of Work (APR 1984).

52.236-21 Specifications & Drawings for Construction (FEB 1997) Alt. I (APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.242-13 Bankruptcy (JULY 1995).

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (AUG 1987).

52.244-6 Subcontracts for Commercial Items (FEB 2006).

52.246-21 Warranty of Construction (MAR 1994).

52.248-3 Value Engineering--Construction (FEB 2000).

52.249-2 Termination for Convenience of the Government (Fixed-Price)(MAY 2004)(Alternate I)(SEPT 1996).

52.249-10 Default (Fixed-Price Construction) (APR 1984).

52.253-1 Computer Generated Forms (JAN 1991).

I-2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION 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 (JUN 2006).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (DEC 2003). (30) The contractor shall complete the following:

The Contractor certifies that it has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

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 (DEC 2003).

(c) The surety which has provided the payment bond under the prime contract is:

NAME: _________________________________________________________________

STREET ADDRESS: _____________________________________________________

CITY, STATE, ZIP CODE: ________________________________________________

CONTACT & TEL. NO: ___________________________________________________

3052.242-71 Dissemination of Contract Information (DEC 2003).

3052.242-72 Contracting Officer’s Technical Representative (DEC 2003).

I-3. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004).

(a) Definition. As used in this clause -

”United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U. S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities, not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning you rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional Offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB’s website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B – Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to –

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that –

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and ;

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor Management Standards, U. S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B – Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for non-compliance with respect to any such subcontract or purchase order. If the contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I-4. FAR 52.225-9 Buy American Act--Construction Materials (JAN 2005).

(a) Definitions. As used in this clause-

"Component" means an article, material, or supply incorporated directly into 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--

(1) 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

(2) 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 end product.

“Domestic construction material” means--

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

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

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

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

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

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

(iii) The construction material is not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination 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 non-compliant 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 Unit of Price Description Measure Quantity (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).

I-5. FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (MAY 2002).

(a) Definitions. “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 Act--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 Act 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 Act 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 Act, 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.

I-6. HSAR 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 the acquisition described in subsection (b)(1) of Section 835 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 after the date of enactment of this Act and 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 3009.104.70 through 3009.104-73;

___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104.73, but it has submitted a request for waiver pursuant to 3009.104.74, 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 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(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.

PART III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J-1. Davis-Bacon Area Wage Rates.

J-2. Request for Information (RFI) Sheet.

J-3. Reference Information Sheet.

NOTE: All questions pertaining to this solicitation shall be submitted on this form by facsimile to 216-902-6278 or 6277, Attn: P. J. Korenchen. All questions must be received in this office not later than 5 working days prior to the Invitation for Bid (IFB) Opening.

The Specifications and Drawings are posted as a Technical Data Package (TDP) in the Federal Technical Data Solution (FedTeds) website. A link to this website is located with the solicitation in Federal Business Opportunities (FEDBIZOPS) website, www.fbo.gov. Further information about FedTeds is located in Paragraph H-7 above.

J-4. Daily Report form.

J-5. Specification 7261X dated July 2006.

J-6. USCG Construction Drawings set C7261.tif, Sheets 1–9 of 9.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) SOLICITATION

PROVISIONS:

K-1. FAR 52.204-8 Annual Representations and Certifications (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $31.0M.

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) 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 (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offeror that the representations and certifications currently posted electronically 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 ORCA.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) SOLICITATION

PROVISIONS:

L-1. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998).

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far or: http://farsite.hill.af.mil/vffar1.htm.

52.204-6 Data Universal Numbering System (DUNS) Number (OCT 2003).

(For information on obtaining a DUNS number, call Dun and Bradstreet at 1-866-705-5711 or via the website at:

http://www.dnb.com. The DUNS number must be inserted in Block #14 on page 2 of the SF-1442).

52.214-3 Amendments to Invitations for Bids (DEC 1989).

52.214-4 False Statements in Bids (APR 1984).

52.214-5 Submission of Bids (MAR 1997).

52.214-6 Explanation to Prospective Bidders (APR 1984).

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999).

52.214-18 Preparation of Bids--Construction (APR 1984).

52.214-19 Contract Award-Sealed Bidding-Construction (AUG 1996).

52.214-34 Submission of Offers in the English Language (APR 1991).

52.214-35 Submission of Offers in U. S. Currency (APR 1991).

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999).

Goals for minority Goals for female participation/each trade participation/each trade

26.6% 6.9% As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is independent City of Norfolk, VA.

L-2. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 1998).

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions, cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Bureau Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW.

Washington, D.C. 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

L-3. FAR 52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JAN 2006).

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSIST docs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by –

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSOP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

L-4. FAR 52.211-3 Availability of Specifications Not Listed in the Index of Federal Specifications, Standards and Commercial Item Descriptions

(JUN 1988).

The specifications cited in this solicitation may be obtained from:

Contracting Officer USCG Civil Engineering Unit 1240 East Ninth Street, Rm. 2179 Cleveland, OH 44199-2060 Attn: P. J. Korenchen Telephone: (216) 902-6218

L-5. FAR 52.216-1 Type of Contract (APR 1984).

The Government contemplates award of a Firm Fixed Type Contract resulting from this solicitation.

L-6. FAR 52.222-5 Davis-Bacon Act – Secondary Site of the Work (JUL 2005).

(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, Davis-Bacon Act, 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 wage determination for a secondary site of the work.

L-7. FAR 52.233-2 Service of Protest (AUG 1996).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgement of receipt from Contracting Officer, USCG Civil Engineering Unit,1240 East Ninth Street, Rm. 2179, Cleveland, OH 44199-2060.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L-8. FAR 52.236-27 Site Visit Construction (FEB 1995).

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b)…