IFB_16-PCR003_ 1M- 5M.doc

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

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

The Ombudsman Hotline telephone number is 202.372.3695.

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:

1.1 BASE WORK: Provide all labor, material, equipment, transportation and supervision necessary to provide a Replace Electrical Distribution Lines at U.S. Coast Guard Base Portsmouth, Portsmouth, VA

B-1 $__________________________________ (Insert Offer Amount in Block 17, page 2, SF-1442.)

NOTE: All proposals shall include taxes – no tax exemption certificate will be issued.

*The accepted costs for all items shall remain in effect for the duration of the contract.

All work shall be performed in accordance with USCG Specification No. 3230120 dated June 2015 and Construction Drawings 7781-D Sheets 1 thru 8 of 8, Reference Documents C7781 Evaluation Report and the clauses and provisions incorporated herein.

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

DUNS NUMBER ___________________________

TAX ID NUMBER___________________________

CAGE CODE NUMBER______________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See USCG Specification No.3230120 dated June 2015 and Construction Drawings 7781-D Sheets 1 thru 8 of 8 and Reference Document C7781 Evaluation Report.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails, etc. shall be marked with contract number. (16-PCR003)

SECTION E - INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION F - DELIVERIES OR PERFORMANCE

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 220 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 7 bad 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)”.

F-2. FAR 52.242-14 Suspension of Work (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. ORIGINAL INVOICE

All Progress Invoices shall be accompanied with a current Construction Schedule and Payrolls or the Invoice shall be rejected. Final Payment shall be accompanied by Contractor Release form.

DESIGNATED BILLING OFFICE AND INVOICE PROCEDURES

(a)Submit the original invoice to the following designated billing address via ONE of the following modes, listed in descending order of preference:

(1) FINCEN website: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm Note: If using Google Chrome and Firefox the web form will work if not you can mail or fax invoice to the following.

(2) FAX: 757-523-6900

(3) Mailed to: Commercial Invoices

U. S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(b) In addition to the items required for submission of a proper invoice under FAR 52.232-5 and 52.232-27, each invoice shall contain the following information:

(1) Contract and/or Delivery/Task Order Number

(2) Last Name of the Contract Specialist

(3) Invoice Routing Code: CEU-CLEV (IRC code for Cleveland, OH office only)

* Remember if you do work for other offices within the US Coast Guard be sure to change the routing symbol to reflect that office.

(4) Annotation of contractor’s small business representation for accelerated payment purposes

(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/task order.

(d) A courtesy copy of the invoice shall be mailed to the Contract Specialist and the Contracting Officer’s Representative (COR) at the following email addresses:

Contract Specialist: Verona.m.wolfe@uscg.mil

COR: Anthony.d.danicki@uscg.mil

(e) Supporting documentation (progress schedule, certified payrolls, documentation of payment to surety, Contractor’s Release form, etc.) shall be mailed directly to the assigned Contract Specialist at USCG CEU Cleveland (or applicable ordering office). If the required documents are not on file at the time the invoice is received, the invoice will be rejected and returned.

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

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

(1) On the later of :

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

(ii) For invoices electronically transmitted by the contractor via web based submission, the date of a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

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

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

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

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

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

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

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: https://www.acquisition.gov The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM 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 US Coast Guard.

G-2. CORRESPONDENCE

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

Contracting Officer

USCG Civil Engineering Unit Attn: Verona M. Wolfe

1240 East Ninth Street, Rm. 2179

Cleveland, OH 44199-2060

Email - Verona.m.wolfe@uscg.mil

Phone – 216-902-6265

NOTE: The contract number shall appear in the subject line of all correspondence and emails. (16-PCR003) Abrev.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is between $1,000,000.00 and $5,000,000.00.

H-2. REQUIRED INSURANCE

Within 10 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 $500,000 per occurrence

Bodily Injury Automobile Liability $500,000 per occurrence Bodily Injury $200,000 per person Bodily Injury Property Damage $ 50,000 per occurrence

H-3. 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/Profit; and bonds

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-4. 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). This shall include an outline of the superintendent’s qualifications and the extent of his authority. These qualifications shall be submitted within 15 days of the award of the contract. Do not submit this information in the safety plan.

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

H-5. 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. Upon request, the full text of a clause may be accessed electronically at this/these address(es):

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

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

52.202-1 Definitions (NOV 2013).

52.203-3 Gratuities (APR 1984).

52.203-5 Covenant Against Contingent Fees (MAY 2014).

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006).

52.203-7 Anti-Kickback Procedures (MAY 2014).

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014).

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014).

52.203-12 Limitation of Payments to Influence Certain Federal Transactions (OCT 2010).

52.203-13 Contractor Code of Business Ethics & Conduct (OCT 2015).

52.203-14 Display of Hotline Poster(s) (OCT 2015).

52.203-17 Contractor Employee Whistleblower Rights and Requirements To

Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011).

52.204-7 System for Award Management (JUL 2013).

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (OCT 2015).

52.204-13 System for Award Management Maintenance (JUL 2013).

52.204-14 Service Contract Reporting Requirement (Jan 2014).

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015).

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

(OCT 2015).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013).

52.210-1 Market Research (APR 2011).

52.214-26 Audits and Records – Seal Bidding (OCT 2010).

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications – Sealed Bidding (AUG 2011).

52.214-28 Subcontract Certified Cost or Pricing Data – Modifications – Sealed Bidding (OCT 2010).

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

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011).

52.219-8 Utilization of Small Business Concerns (OCT 2014).

52.219-14 Limitations on Subcontracting (NOV 2011). (25%) 52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013).

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed.

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _238210 assigned to contract number HSCG83-16-C-PCR003. [Contractor to sign and date and insert authorized signer's name and title].

Signature Date

Name and Title

52.222-3 Convict Labor (JUNE 2003).

52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (MAY 2014).

52.222-6 Construction Wage Rate Requirements (MAY 2014).

52.222-7 Withholding of Funds (MAY 2014).

52.222-8 Payrolls and Basic Records (MAY 2014).

52.222-9 Apprentices and Trainees (JULY 2005).

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

52.222-11 Subcontracts (Labor Standards) (MAY 2014).

52.222-12 Contract Termination - Debarment (MAY 2014).

52.222-13 Compliance with 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).

52.222.21 Prohibition of Segregated Facilities (APR 2015).

52.222-26 Equal Opportunity (APR 2015).

52.222-27 Affirmative Action Compliance Requirements for Construction

(APR 2015).

52.222-35 Equal Opportunity for Veterans (OCT 2015).

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014).

52.222-37 Employment Reports on Veterans (OCT 2015).

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010).

52.222-50 Combating Trafficking in Persons (MAR 2015).

52.222-54 Employment Eligibility Verification (OCT 2015).

52.222-55 Minimum Wage Under Executive Order 13658 (DEC 2014).

52.223-2 Affirmative Procurement of Bio-based Products under Service and

Construction Contracts (SEPT 2013).

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011).

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

52.223-17 Affirmative Procurement of EPA-Designated Items in Services and Construction Contracts (MAY 2008).

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011).

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008).

52.227-1 Authorization and Consent (DEC 2007).

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007).

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007).

52.228-1 Bid Guarantee (SEPT 1996). 20% Bid Guarantee Required.

Paragraphs (d) and (e) applicable to performance and payment bonds.

52.228-2 Additional Bond Security (OCT 1997).

52.228-5 Insurance--Work on a Government Installation (JAN 1997).

52.228-11 Pledges of Assets (JAN 2012).

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014).

52.228-14 Irrevocable Letter of Credit (NOV 2014).

52.228-15 Performance and Payment Bonds - Construction (OCT 2010).

52.229-3 Federal, State, and Local Taxes (FEB 2013).

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014).

52.232-17 Interest (MAY 2014).

52.232-18 Availability of Funds (APR 1984).

52.232-23 Assignment of Claims (MAY 2014).

52.232-27 Prompt Payment for Construction Contracts (MAY 2014).

The due date for making PROGRESS PAYMENTS shall be 30 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—System for Award

Management (JUL 2013). Please register via the following website:

https://www.acquisition.gov 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013).

52.233-1 Disputes (MAY 2014).

52.233-3 Protest After Award (AUG 1996).

52.233-4 Applicable Law for Breach of Contract Claims (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 1)

(APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.242-13 Bankruptcy (JULY 1995).

52.243-4 Changes (JUNE 2007).

52.244-6 Subcontracts for Commercial Items (OCT 2015).

52.246-21 Warranty of Construction (MAR 1994).

52.248-3 Value Engineering--Construction (OCT 2015).

52.249-2 Termination for Convenience of the Government (APR 2012).

(Fixed-Price)(Alt.1)(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)

3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 2012) 3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUNE 2006). The Contractor must obtain all licenses and permits within 30 days of award.

3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70 Insurance (DEC 2003).

3052.228-90 Notification of Miller Act Payment Bond Protection (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: _______________________________

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

I-3. 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 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.

I-4. FAR 52.225-9 Buy American —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--

(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 construction material.

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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: _None_ [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

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 52.236-4 Physical Data (APR 1984).

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the C7781 Evaluation Report.

(b) Weather conditions ___________________. [insert a summary of weather records and warnings].

(c) Transportation facilities ________________. [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) ___________ [insert other pertinent information].

I-6. FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of an "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DHS/SBA MOU (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I-7. HSAR 3052.204-71 Contractor Employee Access (SEP 2012)

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

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

RAPIDGate Program Enrollment Information

1. Enroll your company by calling 1-877-727-4342.

To enroll your company in the RAPIDGate Program, please go to the following web address to fill out the Enrollment Forms, https://eform.rapi dgate.com/. On the Enrollment Forms you will need to provide your USCG Base Elizabeth City sponsor (Contracting Officer Technical Representative (COTR)) point of contact, including a name, phone number, and e-mail address. USCG Base Elizabeth City must authorize your request to participate in the RAPIDGate Program. The minimum elapsed time from company enrollment to an employee receiving his or her RAPIDGate Credential is approximately two weeks. If you would like additional information please call Eid Passport at 1-877-RAP/DGate(1-877-727-4342). A Customer Service Representative will give you all the necessary information regarding the RAP/DGate Program. Enroll today to ensure your employees have their RAPIDGate Credentials by the Program effective date 1 April 2013.

If your company is already enrolled in the RAP/OGate Program at another installation, it may request access for its employees at this installation by calling 1-877-RAP/OGate (1-877-727- 4342). Once your company is approved by USCG Base Elizabeth City, your employees who already hold RAPIOGate Credentials may be able to use the same Credentials at the additional installation.

2. Employees register at onsite Registration Stations.

Once your company has been approved for enrollment and paid the enrollment fee your company will receive an email with your company's RAPIDGate Company Code. Instruct your employees who need access to USCG Base Elizabeth City to register at the self-service registration station located at USCG Base Elizabeth City. Each employee should be ready to provide your company's RAPIDGate company code, his or her address, phone number, date of birth, and Social Security Number. The registration station will capture the employee's photograph for credentialing and fingerprints for identity verification.

Assisted registration at your company's location may be available if you have 50 or more employees to register. Call 1-877-RAP/OGate (1-877-727-4342) for details.

3. The RAPIDGate Program performs background screening and credentialing.

Once your company has approved each employee for participation and paid the registration fee, the RAP/OGate Program performs identity authentication and background screening. Your company will be notified when qualified employees may pick up their personalized RAP/DGate Credentials at the USCG Base Elizabeth City Pass and ID. To retrieve a Credential, each employee must show proof of identity by presenting one form of identification from List A (next page), or two forms of identification from List B.

After activating their RAP/DGate Credentials, employees present their Credentials to request entry to USCG Base Elizabeth City, and must wear and display the Credentials at all times while on the installation. Questions about the USCG Base Elizabeth City RAPIDGate Program should be addressed to info@rapidqate.com with the subject line RE: RAP/DGate Program.

Forms of Acceptable Identification for picking up your credential:

List A - One Needed

· U.S. Passport (unexpired)

· Permanent Resident Card or Alien Registration Receipt Card (Form 1-551)

· Unexpired foreign passport, with 1-551 stamp or attached Form 1-94 indicating unexpired employment authorization

· Unexpired Employment Authorization Document that contains a photograph (Form 1-766, 1-688, 1688A, l-688B)

List B - Two Needed

· Driver's license or ID card issued by a state

· ID Card issued by federal, state or local government agencies or entities

· School ID card with a photograph

· Voter's registration card

· U.S. Military card or draft record

· Military Dependent's ID card

· U.S. Coast Guard Merchant Mariner Card

· Native American tribal document

· Driver's license issued by a Canadian government authority

· U.S. Social Security card issued by the Social Security Administration

· Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350)

· Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

· U.S. Citizen ID Card (Form 1-197)

· ID Card for use of Resident Citizen in the United States (Form 1-179)

· Unexpired employment authorization document issued by DHS (other than those listed under List A)

1-8. HSAR 3052.209-70 Prohibition on Contract 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…