TMACC_Solicitation.pdf

UNITED STATES COAST GUARD

REQUEST FOR PROPOSAL HSCG88-17-R-TMACC

INDEFINITE DELIVERY-INDEFINITE QUANTITY NATIONAL TOWER/ANTENNA

MULTIPLE AWARD CONSTRUCTION CONTRACT (IDIQ-TMACC)

AT

VARIOUS COAST GUARD FACILITIES THROUGHOUT THE UNITED STATES

AND TERRITORIES

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

Interested parties are encouraged to seek resolution of their concerns within 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 the concerns, the 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 either to the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. 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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protestor agrees not to file a protest with the GAO or other external forum. If the protest is file with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

PLACEHOLDER SF1442

(Also shown in Section J)

PLACEHOLDER SF1442

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) SECT DESCRIPTION PAGES(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 5

X B SUPPLIES OR SERVICES AND PRICES/COSTS 7

X C DESCRIPTION/SPECS/WORK STATEMENT 8-12

X D PACKAGING AND MARKING 13

X E INSPECTION AND ACCEPTANCE 14

X F DELIVERIES OR PERFORMANCE 15-18

X G CONTRACT ADMINISTRATION DATA 19

X H SPECIAL CONTRACT REQUIREMENTS 20-29

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 30-59

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 60

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

61-69

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFEROR

70-78

X M EVALUATION FACTORS FOR AWARD 79-82

SOLICITATION INFORMATION

The purpose of this contract solicitation is to solicit a Tower/Antenna Multiple-Award Construction Contract (TMACC). The Contractor will perform tower and antenna construction, maintenance, rehabilitation, inspection, and repairs for the U.S. Coast Guard (CG) in any of the 50 United States and its territories. Initial contracts will be competitively solicited and awarded nationally. Task orders will range from $3,500 to $2 million. All orders will be coordinated through the fair opportunity process outlined in FAR 16.505. It will allow CG entities, with construction contracting warrants, the capability to issue task orders for work described above.

Awards will be restricted to small business set-aside firms. The Government intends to make multiple awards of this tower multiple-award construction contracts for one base year with four one-year option periods. The TMACC ceiling will be $35 million.

Consistent with FAR 15.305(a) (2), past performance will be an important part of the evaluation.

Offerors shall be provided the opportunity to identify past or current contracts for efforts similar to the Government requirements.

In order to be selected for award, offerors will be required to submit a hard copy proposal consistent with the requirements of Section L of the solicitation. It is the offerors’ responsibility to insure their proposal meets all of the requirements stated in Section L of the solicitation.

Failure to provide all necessary information may result in a proposal being rejected or not receiving full consideration since the Government reserves the right to award a contract based upon initial proposals and without negotiations. Offerors should provide the submission of information as required by Section L to the Contract Specialist. Please clearly mark the envelope as containing information referencing the solicitation number and name of this procurement.

Send to:

Lilian Librodo, Contract Specialist Coast Guard SILC-COCO Construction Contracting - OL Oakland (CN)

1301 Clay Street 7th Floor, Suite 700N Oakland, CA 94612-5203

As stated in Section M of this solicitation, the Government intends to award a maximum of seven contracts, but reserves the right to adjust the number of contract awards or make no award at all.

All questions will be directed to the Contract Specialist, Lilian Librodo, at (510) 637-5581, fax

(510) 637-5728, email: Lilian.L.Librodo@uscg.mil.

SECTION B

SCHEDULE OF SERVICES AND PRICE/COST

The Contractor’s price shall be all-inclusive to provide for all labor, material, supplies, transportation, supervision, and all other necessary items for a complete and usable project performing all work in a workman like manner in complete compliance with all plans, drawings, and specifications that are contained in the solicitation and ensuing task orders.

B.1 SEED PROJECT: FY2016 TOWER INSPECTION AND MINOR MAINTENANCE

AT VARIOUS COAST GUARD SITES NATIONWIDE

TOTAL PROPOSED PRICE (“Seed Project”) B.1

BASE CLIN 0001: $________________________

Base Year One year from effective award date (The “seed project” is the basis for price evaluation and award of the seed project. The term of the base year will be one year from effective award date for all other awardees)

B.2 Option Year 1 One year after the end of the Base Year

B.3 Option Year 2 One year after the end of the Option Year 1

B.4 Option Year 3 One year after the end of the Option Year 2

B.5 Option Year 4 One year after the end of the Option Year 3

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The requirements provided below are general in nature and will be refined if necessary for each specific task order. If there is a conflict between the requirements contained here and specifications for the task order work being ordered, the specifications for the task order work being ordered will be followed.

C. 1 SCOPE OF WORK

Provide all labor, material, equipment, transportation and supervision required to provide construction for miscellaneous tower and antenna construction, maintenance, rehabilitation, inspections, installations, investigations, designs, repairs, demolition, and corrective action.

Services may be required at various locations nationwide.

Services may include but are not limited to the following types of work:

a. Inspection of towers and antennas to detect and report conditions requiring maintenance or repair before such conditions become safety, structural, or major maintenance problems.

b. Replace all bulbs on the lighting systems.

c. Climb and examine each tower and antenna system to perform the inspection services, minor maintenance, and repairs.

d. Tower maintenance, repairs, installations, and demolitions.

e. Acquisition of soil data for proposed design sites. For example, Determine and perform the soil tests required to produce the data for tower foundation design. The following minimum data required:

(a) Allowable bearing capacity;

(b) Boring log showing composition and variation with depth;

(c) Water table depth and variation;

(d) Type of foundation recommended;

(e) Uplift recommendations pertinent to the type or types of foundations recommended;

(f) Consistency of soil:

(1) Unconfined compression of strength;

(2) Standard penetration – blows per foot, (3) Rock quality designation for rock;

(g) Allowable passive pressure in pounds per sq. ft. depth (PSF/FT);

(h) Backfill considerations;

(i) Factors of safety included in allowable design values.

f. Investigation of design options and final design for self-supporting and guyed towers. The Contractor may design towers, antennas, and their foundations. Investigation of design options may include (but are not limited to) conduct site visit(s) to ascertain possible tower locations; produce report(s) detailing tower installation options to meet specific antenna coverage, footprint layout, and cost estimates. Final design for self-supporting and guyed towers may include preparing complete specification/scope of work and drawing(s) for use by the civil engineering unit. If design work is ordered by the government, a Registered Professional Civil or Structural Engineer shall review, sign and stamp the final reports, scopes of work, and drawings.

g. Tower construction and demolition: Contractor may complete installation or demolition of towers. Towers for installation will be specified as government furnished or Contractor provided. Installation may include, but is not limited to, preparation of site, installation of foundation, erection of tower, installation of antennas and cable, installation of ground rods, and installation of ladder and rigid safety climb rail. Demolition may include, but is not limited to, removal and salvage of antenna and cable, disassembly of tower, removal of foundation and conduit, disposal of associated debris, and return site conditions to that of surrounding area.

h. Structural Analyses of towers: Contractor may be tasked to complete structural analyses on standing towers and/or spare towers at various Coast Guard/DHS storage sites. Work may include site visits, tower parts inventory / repackaging, structural analysis of towers to determine whether they meet current Telecommunication Industries Association / Electronic Industries Alliance (TIA/EIA) standards for various sites, and produce report(s) detailing findings and recommendations as required by the Specification/Scope of Work.

In addition, the Contractor may be responsible for obtaining all necessary permits. This contract is intended to provide prompt services on as needed basis, at minimum administrative costs, and to assume that the work will be performed in an expeditious and efficient manner within the budgetary limitations and performance time established for each task order. The Contractor may be required to visit the proposed work site to establish, clarify, and define the scope of work of the individual requirement to prepare a detailed price proposal. Proposal due dates shall be identified in each Request for Proposal. This contract shall include all supervision, materials, labor, equipment, transportation, supervision, and disposal required to perform the work described in these specifications and Request for Proposal.

The Specifications governing all work to be ordered under this contract are contained within this solicitation. Additional specifications may be added for projects and will be issued for pricing prior to placement of a task order. Recognizing there may substantive differences in state and local requirements for each region, the specifications for each task will be included with the request for proposals (RFP).

C.2 APPLICABLE PUBLICATIONS

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing

Lead-Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 112 Oil Pollution Prevention

40 CFR 136-143 Water Programs

40 CFR 204 Noise Abatement Program for Construction Equipment

40 CFR 260-279 Solid Waste Regulations

40 CFR 280-282 Underground Storage Tank Regulations

40 CFR 311-374 Worker Right-to-Know

40 CFR 761 Polychlorinated Biphenyls (PCB) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1910 Worker Safety Requirements

29 CFR 1926.62 Lead

29 CFR 1926.1101 Asbestos

29 CFR 1926.501-503 Fall Protection

(c) U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS:

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

(d) U.S. COAST GUARD COMMANDANT INSTRUCTIONS (COMDTINSTs)

M6260.16 U.S. Coast Guard Asbestos Exposure Control Manual

(e) COMDTINST M5100.47 U.S. Coast Guard Safety and Environmental Health

Manual

(f) COMDTINST M11000.4 (series) U.S. Coast Guard Tower Manual

(g) AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI):

Z359 Series Fall Protection Code, Version 2 (Z359.0-2007, Z359.1-2007, Z359.2- 2007, Z359.3-2007, Z359.4-2007, Z359.6-2009, Z359.12-2009, Z359.13-2009, Z359.14- 2012, and historical Z359.1-1992 (R1999)

(h) AMERICAN SOCIETY OF TESTING MATERIALS (ASTM):

A780/A780M Standard Practice for Repair of Damaged and Uncoated Areas of Hot- Dipped Galvanized Coatings

D5064-07 Standard Practice for Conducting a Patch Test to Assess Coating Compatibility

D6386 Standard Practice for Preparation of Zinc (Hot-Dip Galvanized) Coated Iron and Steel Product and Hardware Surfaces for Painting

(i) STEEL STRUCTURES PAINTING COUNCIL (SSPC):

SP 1-06 Solvent Clean

SP 2-06 Joint Surface Preparation Standard: Hand Tool Cleaning

SP 3-06 Joint Surface Preparation Standard: Power Tool Cleaning

SP 11-06 Power Tool Cleaning to Bare Metal

(j) National Fire Protection Association 70, National Electrical Code

C.3 REFERENCE STATUTES

The statutes listed below form a part of this specification to the extent referenced.

Clean Air Act (CAA) (42 U.S.C.7401 to 7642)

Clean Water Act (33 U.S.C. 1251 to 1387)

Safe Drinking Water Act (SDWA)

Coastal Zone Management Act (CZMA)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 to 9675)

Emergency Planning and Right-to-Know Act (EPCRA)

Endangered Species Act (ESA)

Energy Independence and Security Act of 2007 (EISA)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 to 139y)

National Historic Preservation Act (NHPA)

Noise Control Act (NCA) (42 U.S.C. 4901 to 4918)

Pollution Prevention Act (PPA) - (42 U.S.C. 13101 to 13109)

Residential Lead-Based Paint Exposure Reduction Act (15 U.S.C. 2681 to 2692)

Resource Conservation and Recovery Act (RCRA) (42 U.S.C.

6901 to 6991i)

Solid Waste Disposal Act (SWDA) - (42 U.S.C. 6901 to 6991i)

Toxic Substance Control Act (TSCA) (15 U.S.C. 2601 to 2654)

C.4. General Contract Information.

This Indefinite Delivery/Indefinite Quantity (IDIQ) tower inspection contract has no fixed unit prices. This contract provides for the award of individual orders defined hereinafter as “Task Orders”, for the accomplishment of various projects for the U.S.

Coast Guard nationwide. Each task order will be awarded separately based on the criteria set in the request for proposal. Some orders may be awarded by price alone, while others may include other factors such as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, and cost control. Each task order awarded shall include all labor wages, management, supervision, mobilization, quality assurance material and equipment costs. The Contractor shall furnish all project management, planning, estimating, labor, transportation materials, equipment, tools, supervision, design and all other associated costs necessary to fulfill the requirements of the Task Order to support the activities in the Specification. The Request for Proposal and Task Order will state the period of performance.

SECTION D

PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the Contractor, nor are they responsible for off-loading shipments. A Contractor representative must be present to accept deliveries.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include Task Order numbers and work being performed. On Fridays, these reports shall be delivered to, or emailed to the Construction Manager, COR, and Contract Specialist. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until all daily reports are current.

E.2 FINAL INSPECTION

Final inspection, punch list, submission of all submittals, as-builts drawings, acceptance, and cleanup of the project site under conditions defined in Specification will be completed before the task order due date.

For each task order, the Contractor shall notify the Contracting Officer and site contact in writing, five (5) calendar days in advance of the date that work will be ready for final inspection.

Final inspection and acceptance of the work will be by the Contracting Officer or the authorized representative.

E.3 WARRANTY OF CONSTRUCTION – ADDITIONAL REQUIREMENTS

If an extended warranty is required on a specific task order, this requirement and the extent of the warranty will be addressed in the scope of work issued to the Contractor for that specific task order.

Cost for the extended warranty will be included in the Contractor’s cost proposal as a non-pre-priced item, unless the warranty is a flow down type from a specific manufacturer.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 TERM OF CONTRACT

The initial term of the Contract shall be from the time of award for a period of one year. The Government has the option to extend the term of the contract for one year by written notice to the Contractor in accordance with Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The Government shall give the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. The total duration of this contract, including the exercise of any options shall not exceed five (5) years, except that services may be extended per FAR Clause 52.217-8.

F.2 PROJECT SCOPING AND PROPOSAL PROCEDURES

(a) Each task order will be competed as required by FAR 16.505(b) Fair Opportunity and will specify the required performance parameters and criteria to be used for the acceptance of the work contracted. The Contracting Officer reserves the discretion to determine the submission requirements for each task order. Each request for proposal will clearly outline the proposal requirements and evaluation criteria. The Contracting Officer may elect to use the appropriate evaluation scheme depending on the complexity of the subject task order. The following procedures may be used:

(1) Price proposal only. For simple work requirements, awards will be made to the lowest priced proposal.

(2) Price proposal and past performance. For work that is slightly more complex and where work requirements are well defined, past performance may be evaluated. The Government will reserve the right to make a technical price trade-off and may elect to award to a higher priced proposal where the proven past performance justifies this trade-off.

(3) Oral presentations and/or technical proposal with past performance. Complex work where the requirements are not as well defined, past performance will be evaluated along with the Contractor’s proposal. Government reserves the right to make a technical price tradeoff and to award to other than lowest priced proposal.

(b) In most circumstances, the Contractors shall be provided with a general scope of work, and/or drawings, and/or specifications. The Contractor may be required to provide a design as part of a task order submittal.

(c) Upon receipt of a task order request for proposals/task order announcement, the Contractor shall:

(1) If necessary, visit the proposed work site in the company of the Contracting Officer or his authorized representative. Establish, clarify, and define the scope of work of the individual requirement to prepare a detailed cost proposal.

(2) Within the time period established in the Request for Proposal the Contractor shall submit a priced proposal, supported when appropriate by necessary documentation, to indicate that adequate planning to accomplish the requirement has been done. Examples of documentation that might reasonably expected would include shop drawings, catalog cuts, required submittals, or as otherwise required by the Contracting Officer.

(d) Upon receipt of the Contractors’ proposal, the Government will review the proposal for completeness. The Government may enter into dialogue with the competing Offerors to clarify any discrepancies or inconsistencies in the proposal prior to making an award decision. The Government may also engage in further discussions, to include bargaining, to clarify the work requirements or the proposed price. Award of the task order will be consistent with the criteria contained in the request for proposal. Award shall be acknowledged by the issuance of a task order to the successful Offeror.

F.3 TASK ORDER (TO)

(a) A task order is the contractual instrument issued by the Government to the Contractor to order work. The task order is issued upon agreement between the Government and the Contractor on the scope of work, performance time, and the fixed price for the work. Each individual task order becomes a fixed priced lump sum contract. Order for Supplies or Services Form, OF 347, will be issued for each task order. Task Orders will be mailed, emailed, or faxed, whichever is more expeditious. The Government reserves the right to issue task orders unilaterally if prior negotiated agreement to the terms of that order cannot be reached before the date that the Contracting Officer determines that prosecution of work must begin.

(b) RFP’s and Task Orders placed under this indefinite delivery contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Scope of work;

(4) Delivery or performance date;

(5) Place of delivery or performance;

(6) Packaging, packing, and shipping instructions;

(7) Accounting and appropriation data;

(8) Bonding requirements; and

(9) Any other pertinent information.

(c) Consistent with FAR 16.505 (b) (2) Exceptions to the fair opportunity process, emergency work may be orally directed (and followed-up in writing) to a single contractor or it may be orally directed (and followed-up in writing) as an RFP that will be competed with other offerors.

If the emergent work is competed, then proposals will typically be due within 5 calendar days after issuance of the RFP or 5 days after the site visit if one is coordinated. If the emergency work is directed per an exception to the fair opportunity process, site visits will be arranged where possible and as early as possible. Proposals for work that is performed on an emergent basis as an exception to the fair opportunity process may be required in as little as 2 calendar days after issuance of the RFP or 2 days after the site visit if one is coordinated. The method for executing emergent work will be at the Contracting Officer's discretion.

(d) Modifications to task orders may be required. Modifications are issued pursuant to specific standard clauses contained in the basic contract. If a modification to a task order is required, the Contractor shall submit as follows:

MODIFICATION PROPOSALS--PRICE BREAKDOWN

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

(b) The price breakdown—

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for—

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

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

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

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

(e) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(f) When awarding emergency response contracts during the term of a major disaster or emergency declaration by the President of the United States under the authority of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.), preference shall be given, to the extent feasible and practicable, to local firms. Preference may be given through a local area set-aside or an evaluation preference.

The Contracting Officer may set aside solicitations to allow only local firms within a specific geographic area to compete (see 6.207). The contracting officer, in consultation with the requirements office, shall define the specific geographic area for the local set-aside. A major disaster or emergency area may span counties in several contiguous States. The set-aside area need not include all the counties in the declared disaster/emergency area(s), but cannot go outside it.

F.4 GUARANTEED MINIMUM AMOUNT

In accordance with FAR 52.216-22(b), the guaranteed minimum quantity of work the Government agrees to order under this solicitation is $1,000 during the term of the contract.

F.5 OVERALL CONTRACT MAXIMUM QUANTITY

The TMACC has an estimated ceiling of $35 million for the entire contract period (including the base year and each of the four one-year option periods).

F.6 CONTINUITY OF FACILITIES OPERATION

Work must be scheduled to minimize interference with facilities operations. Notify the Contracting Officer and Contracting Officer Representative 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

F.7 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposals shall be done in accordance with federal, state, and local laws and regulations.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in proper sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Prior to final inspection, the Government must receive the operations and maintenance (O&M) manuals. The Contractor shall submit materials, samples, drawings, etc., on Material Approval Submittal form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Representative (COR) is the representative of the Contracting Officer for the purpose of day-to-day technical administration/inspection of all work under the contract.

This includes, but is not limited to, approval of progress payments, final inspection, and providing technical assistance when required. The Contractor is cautioned that in no instance is the COR authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. CORs will be designated on individual task order issued under the contract.

Each task order may be assigned a Construction Manager (CM) and a COR. The CM will assist the Contracting Officer in technical matters. They review the schedule, all submittals, as well as prepare the scope, government estimate, and funding documents for each modification. They also review all operation & maintenance manuals and as-built drawings before final payment is made. They answer all requests for information from the Contractor after award. The Contractor is cautioned that in no instance is the above named person authorized to approve any changes that will involve the quantity, quality, price or performance of the contract. CMs will be designated on individual task order issued under the contract.

G.3 ADDRESS OF CORRESPONDENCE

All correspondence for the basic contract, unless otherwise specified, shall be directed to the address and telephone number of the principal Contract Specialist:

Lilian Librodo, Contract Specialist U.S. Coast Guard

SILC-COCO Construction Contracting - OL Oakland (CN) 1301 Clay Street 7th Floor, Suite 700N

Oakland, CA 94612-5203 Telephone Number: (510) 637-5581

FAX: (510) 637-5728

NOTE: All correspondence for individual Task Orders shall be addressed to the issuing contracting office and shall include the Contract Number and Task order Number.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

Prices will be evaluated in accordance with FAR 15.404-1 proposal analysis techniques. The breakdown must include sufficient detail to permit an analysis of profit and all costs for material, labor, equipment, subcontractors, and overhead. Overhead and profit will be used for the duration of the contract until the contractor can demonstrate that overhead rates have changed.

H.2 WORK OUTSIDE REGULAR WORK HOURS

If the Contractor desires to perform work under this contract outside regular work hours such as Saturdays, Sundays, or holidays, they shall apply in writing to the Contracting Officer no less than 5 calendar days prior to the planned start of such work. For the purpose of this clause, regular work hours are those hours that the activity or Command normally performs work on a daily basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.3 SAFETY AND HEALTH

(a) The Contractor shall take all reasonable safety and health measures in performing under this contract. The Contractor is subject to (i) all applicable Federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this contract;

(ii) shall comply with all pertinent provisions of the latest version of the U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of this contract; and (iii) shall comply with the Safety and Health Standards, specifications and issuances, reporting requirements, and provisions as set forth in the Schedule of the contract.

(b) Further, the Contractor shall take other safety and health measures as directed by the Contracting Officer. To the extent that the Contractor is entitled to an equitable adjustment under the terms and conditions of this contract, or any other obligations of the parties, such equitable adjustment shall be determined pursuant to the procedures of the Federal Acquisition Regulation (FAR) 52.243-4 Changes (June 2007) provided, that no adjustment shall be made under this clause for any change for which an equitable adjustment is expressly provided under any other provision of this contract.

(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property beyond stated acceptable threshold limits set forth in the Schedule of the contract, or property loss of $10,000 or more arising out of work performed under this contract. However, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident, and injury experience reporting requirement set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to conclude what cause or causes resulted in said accident or incident. The Contractor will furnish the Contracting Officer with a report of the investigative findings along with proposed and/or completed corrective actions.

(d) (1) The Contracting Officer may notify the Contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. After receipt of such notice, the Contractor shall immediately take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with

(d) (1) above, the Contracting Officer may invoke the provisions of the clause in the contract entitled "Stop Work", or may invoke whatever other rights are available to the Government under the terms and conditions of this contract or at common law, to remedy such failure or refusal to institute prompt corrective action.

(e) The Contractor (or subcontractor or supplier) shall cause the substance of this clause including this paragraph (e) and any applicable Schedule Provisions, with appropriate changes of designations of the parties to be inserted in subcontracts of every tier which: (i) Amount to $1,000,000 or more unless the Contracting Officer makes a written determination that this is not required; (ii) require construction, repair, or alteration in excess of $10,000; or (iii) the Contractor, regardless of dollar amount, determines that hazardous materials or operations are involved.

(f) The Contractor agrees that authorized Government representatives of the Contracting Officer shall have access to and the right to examine the sites or areas where work under this contract is being performed. This is to determine the adequacy of the Contractor's safety and health measures under this clause.

H.4 REAL ID ACT OF 2005

The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver's licenses and identification cards from states not meeting the Act's minimum standards. To this purpose, there are five states that do not comply with the Act nor have they received an extension to come into compliance with the act. Those states are Illinois, Minnesota, Missouri, New Mexico and Washington State.

Anyone under this contract, to include subcontractors, who holds a driver's license from any of states without approved licenses and require access to a military facility will be required to provide identification other than a driver's license to gain access. It is the responsibility of the

Contractor to ensure that they are in accordance with the Real ID Act and any other requirements for base access. For the states of Washington and Minnesota, an enhanced driver's license is acceptable to gain access. Other forms of identification that are acceptable for military facility access are discussed at the below hyperlink.

Further information on the Real ID Act can be found here:

http://www.dhs.gov/real-id-enforcement-brief#

H.5 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of performance consistent with FAR 52.2228-5, HSAR 3052.228-70, and FAR 28.307, which states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability. When contract performance involves use of vessels, Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(f) Prior to commencement of work on any task order, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

ATTENTION OFFEROR: IF A PROJECT INVOLVES WORK ON NAVIGABLE WATERS,

LONGSHOREMEN’S AND HARBORWORKER’S COMPENSATION ACT (33 U.S.C. 901)

MAY BE APLLICABLE.

H.6 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

The Contractor whether performing work on a military installation or not must be familiar with and obey established fire, safety, environmental and security regulations.

(a) Security Passes: Contractor personnel shall obtain security passes from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid driver’s license, birth certificate or company ID card to be issued a security pass.

Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the Contracting Officer’s Representative (COR).

(b) Hazardous Materials: The Contractor shall provide the Government with a list of all hazardous materials to be used in the performance of this project. The Contractor needs to ensure that Materials Safety Data Sheets (MSDS) are available at the work site for all hazardous materials used. The Contractor shall immediately contain and clean up the release or spill of a hazardous material and report the incident to the COR or the Environmental Technician.

(c) Protection of Property: The Contractor shall protect the existing surrounding equipment, personal belongings, and property during the course of this work.

Any damage caused by the Contractor shall be corrected at the Contractor’s expense. The Contractor will be responsible for repair of any damage incurred to turf, landscaping, buildings, utilities or pavement because of his work at no additional cost to the government.

(d) Cleanup: The Contractor shall keep the work areas, including storage areas, free from accumulations of waste materials on a daily basis. The Contractor shall comply with all federal, state and local regulations pertaining to the storage, transport, and disposal of wastes. Contractor shall not use Government waste disposal facilities including garbage cans, trash piles or dumpsters, unless given authorization by the COR for a specific task.

H.7 VEHICLE PASSES

The Contractor may obtain a temporary vehicle pass at the CG work location. To obtain a temporary vehicle pass, the Contractor must have in his possession at the time of application, a current vehicle registration card for each vehicle he wishes to register; a current valid driver’s license for each operator; and proof of insurance covering each vehicle to be registered. If the Contractor changes vehicle or a new vehicle is used, a new vehicle pass will be needed.

CONTRACTOR'S SHALL NOT EXCHANGE VEHICLE PASSES. A violation of the Base Security Regulations or Motor Vehicle Regulations could result in the Contractor being barred from the base, and the contract terminated for default.

H.8 WAGE RATES

Applicable Wage Rate Requirements (Construction) in effect at the time of issuance of a task order will apply to construction. Service Contract Labor Standards Wage Rates are applicable to all service and maintenance work to be performed and are in effect at the time of issuance of a task order. Contractors will be provided with the wage determination prior to issuance of a task order for pricing purposes. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision (See Section J), the Contracting Officer shall be notified in writing. No work in unlisted crafts or trades will be permitted until a wage has been negotiated between the Contracting Officer and the Contractor.

The negotiated wages are subject to the approval of the Department of Labor in accordance with FAR 52.222-6(c).

H.9 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 shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in this contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.10 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractors are required to comply with local VOC laws and regulations, and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and cleaners comply with local VOC laws and regulations governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOC's, in the air quality district in which the work will be performed.

(b) The compliance plan shall be submitted by the Contractor to the Contracting Officer within ten calendar days after receipt of a Task Order, and prior to the use of any "VOC" materials on the project site. The Government will approve or disapprove the Contractor's compliance plan within ten calendar days after receipt. Should the Government reject the compliance plan, the Contractor shall resubmit a revised compliance plan within five calendar days after receipt of the rejection notification. Failure on the part of the Contractor to submit an acceptable "VOC" plan, shall not be grounds for a time extension to the performance period.

(c) An acceptable compliance plan shall contain, as a minimum:

(i) A listing of each material subject to restrictions in the air quality management district in question;

(ii) The rule governing its use;

(iii) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

(iv) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H.11 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES

OR CONSULTANTS

Any key in-house personnel, subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during task order negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions for these designated key personnel, subcontractors, associates, or consultants.

H.12 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on any task order], the Contractor shall provide a list of all on-site personnel, including subcontractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The Contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Government facility. Contractor personnel will be restricted to designated working areas.

Any personnel violating this policy may lose access to the Government facility. Contractor personnel shall have photo identification at all times while working on Government facilities.

Contractors shall provide the Contracting Officer's Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. Otherwise, access to the Government facility may be denied. Special security provisions may apply to some task orders.

Employees may be required to submit to a background check and be United State citizens.

H. 13 TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the Contracting Officer’s Representative (COR). The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities may be available for Contractor use. The Contractor shall ensure the facilities remain clean. Contractors may be required to provide toilet facilities at some sites.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor. If available, the Contractor will bear connection costs. Cost of these utility connection and disconnection is the responsibility of the Contractor.

(d) TELEPHONE: The job superintendent must have a…