HSCG86-13-R-CWRR01_-_Solicitation.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for 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.

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCG86-13-R-CWRR01

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2. DATE IISSUED

11/30/13

PAGE OF PAGES

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2413863CWRR01

6. PROJECT NO.

4343175

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Contracting Officer United States Coast Guard Civil Engineering Unit Honolulu 300 Ala Moana Blvd., Rm. 8-134 Honolulu, HI 96850

Same as Block 7

9. FOR INFORMATION

CALL

A. NAME

TAMMY K. KAO

B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(808) 535-3474

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

IMPORTANT - NOTICE TO OFFERORS

1. This solicitation contains Sections A through M. Please read the entire solicitation and complete the following:

(a) Sign and return two copies of the solicitation form - Standard Form 1442.

(b) Complete and return TWO copies of Section A and Section B, and ONE copy of Section I and Section K.

(c) PROVIDE PRICE PROPOSAL AND TECHNICAL PROPOSAL IN ACCORDANCE WITH SECTION L.

(d) AN ORIGINAL BID GUARANTEE IS REQUIRED. Any bid guarantee that is found to be legally insufficient may render the offer ineligible for award.

2. Before submitting your proposal, please recheck the following:

(a) Does your proposal set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

(b) Have you rechecked your figures, including calculations on your worksheets?

(c) Have you completed and signed all required documents?

(d) Due to security concerns regarding the mailing and handling of packages, please be advised that any envelopes or packages not containing a return address may not be opened. Please be sure to clearly identify your offers with the solicitation number.

3. The estimated cost of this work is between $1,000,000 and $5,000,000

4. FACSIMILE AND EMAILED PROPOSALS WILL NOT BE ACCEPTED.

5. TECHNICAL QUESTIONS REGARDING SPECIFICATIONS AND/OR DRAWINGS MUST BE SUBMITTED BY EMAIL TO

THE CONTRACTING OFFICER NO LATER THAN TEN DAYS PRIOR TO THE DATE SET FOR RECEIPT OF OFFERS.

6. THIS SOLICITATION IS COMPETITIVE 8(A) SET-ASIDE WITH A GEOGRAPHICAL RESTRICTION. It has been determined that competition will be limited to 8(a) firms located within the geographical area serviced by the SBA Hawaii District Office (HDO) and other 8(a) construction firms with a bona fide place of business (in accordance with 13 CFR 124.3) within the geographical competitive area and with the assigned NAICS code. All other 8(a) BD Participants are deemed ineligible to submit offers.

11. The contractor shall begin performance within 15 calendar days and complete it within 520 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F )

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and one copy to perform the work required are due at the place specified in Item 8 by 2:00 pm (hour) local time 12/30/13 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

Standard Form 1442 (rev 4-85)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

FAX:

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

E-MAIL ___________________________________ DUNS:

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

X 10 USC 2304(c) ( 5 ) 41 USC USC 253(c) ( )

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

See Block 7 Commanding Officer (1224) USCG Finance Center 1430 Kristina Way Chesapeake, VA 23326-1224 For payment inquiries, call: (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

(Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 PAGE 2 (Rev. 4-85)

FAC 2005-69

Section A Solicitation/Contract Form

Table of Contents

(X) | Sec. |Description |Page(s)|

Part I –The Schedule___________________________________________________________________ X | A |Solicitation/Contract Form | 1-3 | X | B |Supplies or Services and Prices/Costs | 4 | X | C |Description/Specs/Work Statement | 5 | X | D |Safety, Health and Security | 5 | X | E |Inspection and Acceptance | 5-6 | X | F |Deliveries or Performance | 6-7 | X | G |Contract Administration Data | 7-9 | X | H |Special Contract Requirements | 9-11 |

Part II – Contract Clauses_______________________________________________________________ X | I |Contract Clauses | 12-23 |

Part III – List of Documents, Exhibits and other Attachments___________________________________ X | J |List of Attachments | 23 |

Part IV – Representations, and Instructions_________________________________________________ X | K |Representations, Certifications, and other Statements of Offerors | 24-29 | X | L |Instructions, Conditions, and Notices to Offerors | 29-35 | X | M |Evaluation Factors for Award | 36-39 |

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Section B

Supplies or Services and Prices

Item Supplies/Services Quantity Unit Unit Price Amount

1 Provide all materials, labor, tools, equipment, and transportation to construct a new clear water aircraft rinse rack at USCG Air Station Barbers Point, Kapolei, Oahu, Hawaii in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings contained herein 1 Job Lump Sum $_______

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Section C Description/Specifications

C.1 Drawings and Specifications

The following drawings and specifications are applicable to this acquisition:

(a) Specifications for Clear Water Rinse Rack at USCG AirSta Barbers Point, Kapolei, Hawaii, May 2013, Project No. 4343175

(b) USCG Drawing H0454, Clear Water Rinse Rack, CG AirSta Barbers Point, Sheets 1-63 NOTE: See Section J

Section D Safety, Health and Security

D.1 The following F.A.R. clauses are incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at https://acquisition.gov/far/:

52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alt I (NOV 1991)

D.2 The following Department of Homeland Security clauses are incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause will be furnished upon request.

3052.233-90 Accident and Fire Reporting (DEC 2003)

Section E Inspection & Acceptance

E.1 Final inspection, punch list, acceptance and clean up of the project site shall be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer. See Section 'G'.

E.2 A Contracting Officer's Representative (COR) to represent the Contracting Officer and inspect all work under the contract will be designated in writing. In no instance is the COR authorized to sign contractual documents, order contract changes (except no-cost-no-time field adjustments), modify contract terms, or create any liability on the part of the Government different from that set forth in the contract.

The Contracting Officer's Representative (COR) is authorized to issue Notices regarding noncompliance with contract requirements. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Clause 52.212-12, Suspension of Work.

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E.3 Daily Reporting Requirement

The Contractor shall prepare and file a "Contractor's Daily Report" for each day of contract performance. These reports shall be delivered to, or if directed, emailed/mailed to the COR each morning for the previous day’s work. Each Daily Report shall include all Contractor and subcontractor personnel on the project site, all work performed, equipment used, tests performed, and all general activities for each day of work. Reports shall be numbered, dated and signed by the Contractor or his superintendent. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.4 The following F.A.R. clause is incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at https://acquisition.gov/far/:

52.246-12 Inspection of Construction (AUG 1996)

Section F Performance

F.1 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work not later than five-hundred twenty (520) calendar days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F.2 Contractor Liability

If the Contractor fails to complete the work within the time specified, or any extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred by the Government due to any unexcuseable delay caused by the Contractor until actual contract completion. Actual damages will consist of, but not be limited to, the following types of costs: Coast Guard Contracting Officer Representative (COR), Project Manager (PM), Inspector and Contracting Officer hours and costs spent on the project past the contract completion date; all per diem travel costs, but not including the final inspection trip, occurring for this project after the scheduled contract completion date; and, technical support contractor costs in supporting the Coast Guard in this period past the contract completion date. The above actual damages are in addition to other contractual, regulatory, statutory, and Federal Common Law remedies, protections, and damages.

F.3 Performance of Work by the Prime Contractor

At all times during the performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who works directly for the prime company (not for a subcontractor), who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

F.4 The following F.A.R. clause is incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at https://acquisition.gov/far/.

52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)

Section G Contract Administration Data

G.1 Contract Administration

This contract will be administered by the Contracting Officer, or her authorized representative located at the U.S. Coast Guard Civil Engineering Unit, 300 Ala Moana Blvd., Rm. 8-134, Honolulu, Hawaii 96850. Telephone number (808) 535-3474. All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.2 Address of Correspondence

All correspondence unless otherwise specified, shall be directed to the following address:

Contracting Officer Civil Engineering Unit 300 Ala Moana Blvd., Rm. 8-134 Honolulu, HI 96850

G.3 Invoicing Requirements (Firm-Fixed Price)

(a) Invoices shall be prepared and submitted in accordance with the provision of F.A.R.

clauses 52.232-5 Payments under Fixed Price Construction Contracts, 52.232-27 Prompt Payment for Construction Contracts, and 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration.

(b) The Data Universal Numbering System (DUNS) number is the primary identifier in the 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 U. S. Coast Guard Finance Center.

(c) Payments will not be made more frequently than once per month.

(d) All requests for progress payments shall include an updated schedule of values and the certification required by F.A.R. clause 52.232-5 "Payments under Fixed Price Construction Contracts".

G.4 Centralized Invoice Submittal Instructions

(a) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard (see item (b) below)

(4) Annotate on the invoice indicating if the contractor represents a small business for accelerated payment purposes.

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: CEU-HONO

(c) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

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

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(d) 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

(e) Supporting documentation along with a courtesy copy of the invoice should also be e-mailed to the Contracting Officer at the addresses cited below. However, only invoices submitted directly to FINCEN will be processed for payment:

Contracting Officer: Tammy.K.Kao@uscg.mil

(f) 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 received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the 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 a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) 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 date of receipt of the invoice at the time of receipt

FAC 2005-69

(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

(g) Web based submission by the contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice

(h) Payment inquiries and status may be obtained at the following website:

https://www.fincen.uscg.mil/secure/payment.htm

(i) All requests for progress payments shall include an updated schedule of values and the certification required by F.A.R. clause 52.232-5 "Payments under Fixed Price Construction Contracts"

(j) Payments will not be made more frequently than once per month.

G.5 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)

(AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

G.6 Contracting Officer’s Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

Section H Special Contract Requirements

H.1 Requirement for Insurance

In accordance with the provisions of contract clause 52.228-5, "Insurance--Work on a Government Installation (JAN 1997)", the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following insurance

FAC 2005-69

coverage in amounts not less than the amount specified below:

Coverage Type of Accident Per Person Per Accident Property

Comprehensive General Liability $200,000 $500,000 $50,000

Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

Insurance coverage under the Longshore and Harbor Workers' Act, 33 U.S.C. Sec 901 et seq. is required for employees engaged in "maritime employment on the navigable waters of the United States".

NOTICE TO CONTRACTORS: ****All insurance policies shall provide for notice of cancellation to be given to the Contracting Officer in writing not less than 30 days before the effective date of such cancellation, and the Contractor shall provide proof that this endorsement has been included in their insurance policy (e.g. by adding the provision on the certificate of insurance, or by providing a copy of the insurance policy showing the 30 day notification provision, etc.)****

H.2 Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract. Refer to Section I, clause 52.222-11 "Subcontracts (Labor Standards)". A copy of Form SF 1413 will be given to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.3 Proposals/Modification Proposals - Price Breakdown

The Contractor, in connection with any proposal submitted for a contract modification, shall furnish a price breakdown, in sufficient detail to show overhead costs, profit, and all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification shall also be furnished. The proposal, together with the price break-down and the time extension justification, shall be furnished by the date specified by the Contracting Officer.

Contractor-initiated requests for changes to the contract (other than corrective) shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the contractor.

FAC 2005-69

(2) The request shall state the measurable benefits available to the Government if the proposed change is approved.

(3) Whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the work.

(4) The request shall include a complete listing of current costs of labor, materials and equipment costs and proposed change. It shall include a listing, with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer.

The Government will reject any request that does not provide all of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer.

H.4 Submission of 10 U.S.C. 2323 Data

10 U.S.C 2323, Contract goal for small disadvantaged businesses and certain institutions of higher education, enacted by Public Law 103-355, requires submission of data on contracts and subcontracts awarded to small disadvantaged businesses, historically black colleges and universities, and minority institutions. The contractor agrees to submit, upon request from the contracting officer, information as maybe required by the government to meet the reporting requirement set forth under 10 U.S.C 2323.

H.5 Contractor Security Requirements

A week prior to the start of onsite work, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. This list will be updated when changes occur as contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities.

Contractor and delivery personnel may be required to present personal photo identification to gain access to the Coast Guard facility. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

Contractors shall provide the Contracting Officer's Representative with 24 hours of advance notice of every delivery to the site (e.g., contract, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to Government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

PART II – Contract Clauses

Section I Contract Clauses

I.1 52.252-02 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. Full text of these clauses can be found at https://acquisition.gov/far/.

52.202-01 Definitions (JAN 2012) 52.203-03 Gratuities (APR 1984) 52.203-05 Covenant Against Contingent Fees (APR 1984) 52.203-07 Anti-Kickback Procedures (OCT 2010) 52.203-08 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 on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-13 Contractor Code of Business Ethics & Conduct (APR 2010) (Applicable if over

$5million) 52.203-14 Display of Hotline Poster(s) (DEC 2007) (Applicable if over $5million) 52.204-04 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-07 System for Award Management (JUL 2013) 52.204-09 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-06 Protecting the Government’s Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.210-01 Market Research (APR2011) (Applicable if over $5million) 52.214-34 Submission of Offers in the English Language (APR 1991) 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 52.215-02 Audit and Records - Negotiation (OCT 2010) 52.215-08 Order of Precedence - Uniform Contract Format (OCT 1997) 52.219-08 Utilization of Small Business Concerns (JUL 2013) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-03 Convict Labor (JUN 2003) 52.222-04 Contract Work Hours and Safety Standards Act--Overtime Compensation (JUL 2005) 52.222-06 Davis-Bacon Act (JUL 2005) 52.222-07 Withholding of Funds (FEB 1988) 52.222-08 Payrolls and Basic Records (Deviation) (JUN 2010) 52.222-09 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)

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52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative-Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (AUG 2013) 52.223-02 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) 52.223-03 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) 52.223-05 Pollution Prevention and Right-To-Know Information (MAY 2011) 52.223-06 Drug-Free Workplace (MAY 2001) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) 52.223-15 Energy Efficiency in Energy Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designation Items in Service 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) 52.227-01 Authorization & Consent (DEC 2007) 52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-04 Patent Indemnity - Construction Contracts (DEC 2007) 52.228-01 Bid Guarantee (SEP 1996)

(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price or $3,000,000, whichever is less.

52.228-02 Additional Bond Security (OCT 1997) 52.228-05 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledge of Assets (JAN 2012) 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 (OCT 2010) 52.229-03 Federal, State, and Local Taxes (FEB 2013) 52.232-05 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL

2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (AUG 2012) 52.233-01 Disputes (JUL 2002) 52.233-03 Protest After Award (AUG 1996) 52.233-04 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-02 Differing Site Conditions (APR 1984)

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52.236-03 Site Investigation & Conditions Affecting Work (APR 1984) 52.236-05 Material & Workmanship (APR 1984) 52.236-06 Superintendence by the Contractor (APR 1984) 52.236-07 Permits & Responsibilities (NOV 1991) 52.236-08 Other Contracts (APR 1984) 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations & Storage Area (APR 1984) 52.236-11 Use & Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-14 Availability & Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications & Drawings for Construction (FEB 1997) Alternate I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-04 Changes (JUN 2007) 52.243-07 Notification of Changes (APR 1984) 52.244-06 Subcontracts for Commercial Items (JUL 2013) 52.246-21 Warranty of Construction (MAR 1994) 52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) 52.248-03 Value Engineering—Construction (OCT 2010) 52.249-02 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.252-04 Alterations in Contract (APR 1984) Portions of this contract are altered as follows: Section D has been changed to "Safety, Health and Security."

52.253-01 Computer Generated Forms (JAN 1991)

I.2 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters

(JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of

FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

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(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer --

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) The offeror’s approved business plan is on the file and serviced by the SBA Hawaii District Office.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total

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amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.

(2) The ____________ [insert name of SBA’s contractor] will notify the _U.S. Coast Guard CEU Honolulu_ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

I.4 52.219-71 Section 8(a) Direct Awards (Deviation) (NOV 2005)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the Department of Homeland Security (DHS). SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

Hawaii District Office SBA Requirement No. 0951-14-400287

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract.

However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) to notify the Contracting Officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.

Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control.

(2) to adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting.

I.5 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated

Products (MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

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(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

I.6 52.225-9 Buy American Act–Construction Materials (SEP 2010)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(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

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(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: __NONE__ [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 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.

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(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 noncompliant with the Buy American Act.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction

Item 2

Foreign construction

Domestic construction

[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).]

II. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR,

Chapter 12) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Full text of these clauses can be provided upon request.

3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 2012) 3052.211-70 Index For…