RFP_SEC_NY_PAINTING.pdf

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: HSCGG1-16-R-PGF022

ISSUED: February 29, 2016

QUESTIONS DUE: March 18, 2016 AT 4:00 PM LOCAL TIME, WARWICK, RI

PROPOSALS DUE: March 30, 2016 AT 4:00 PM LOCAL TIME, WARWICK, RI

FOR: PAINTING OF INTERIOR SURFACES IN FAMILY HOUSING

FACILITIES, USCG SECTOR NEW YORK, STATEN ISLAND, NY

(RICHMOND COUNTY)

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 22)

a) See Section L for instructions

b) Sign and return ONE copy of the entire solicitation form (see SF 1442, Section B and Section K)

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

a) Does your bid set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

b) Have you rechecked your figures, including calculations on your work sheets?

c) Have you completed and signed all required documents?

d) Have you included a bid guarantee? A 20% bid guarantee (SF 24) is required for bids over $150K

(correct form may be obtained at http://www.gsa.gov/portal/forms/download/115982).

3. Bidders offering less than 60 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Submit any QUESTIONS to the Contract Specialist via email at david.mark@uscg.mil .

5. Telegraphic, telephonic, or facsimile proposals will not be accepted. Emailed proposals will be accepted.

6. This solicitation is issued as a 100% Total Small Business Set-aside.

7. Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

http://www.gsa.gov/portal/forms/download/115982 mailto:david.mark@uscg.mil

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 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 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 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 protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-16-R-PGF022

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. Date Issued

02/29/2016

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2116246PGF022

6. PROJECT NO.

7. ISSUED BY CODE 51283 8. ADDRESS OFFER TO

Contracting Officer USCG Civil Engineering Unit Providence 475 Kilvert Street Suite 100 Warwick, RI 02886

USCG Civil Engineering Unit Providence Attn: David Mark 475 Kilvert Street Suite 100 Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

David Mark Contract Specialist

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

401-736-1766

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

HSCGG1-16-R-PGF022, MULTIPLE AWARD PAINTING IDIQ CONTRACT FOR THE PAINTING OF INTERIOR SURFACES IN FAMILY HOUSING FACILITIES, USCG SECTOR NEW YORK, STATEN ISLAND, NY. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform painting of interior surfaces of residential housing buildings on USCG Sector New York facilities in Staten Island, NY. Spaces to be painted include but are not limited to on-station family housing apartment buildings and single detached housing buildings, including common areas such as hallways.

Although in most cases the housing units will be unoccupied, there may be instances that require the temporary relocation of furniture, fixtures and equipment in those areas to be painted. The contractor shall provide a comprehensive painting program that will ensure facilities are available to meet the needs of the government in a timely manner.

Work consists of preparing and painting surfaces (i.e., walls, ceilings, doors, closets, kitchen, cabinets, trim, molding, and other areas). All work shall be accomplished in accordance with specifications “Painting Services for US Coast Guard Sector New York, Staten Island, New York”, dated August 2015.

CAUTION TO BIDDERS: You are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work.

Failure to visit the site for this purpose does not relieve you from the responsibility for estimating properly the difficulty or cost of successfully performing the work. See Section L. paragraph 9. for information regarding an organized site visit.

THIS SOLICITATION IS BEING ISSUED IAW FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Pursuant to FAR Part 19.5, this solicitation is issued as a 100% Total Small Business Set-aside; Total Contract Value (Base two-year period plus three (3) option years) is between $500,000 and $800,000; Applicable NAICS Code is 238320 Painting and Wall Covering Contractors; Small Business Size Standard is $15 million.

The price requested in Box 17 below is for the Representative Project described in Section B.2. of the solicitation.

Payment Bonds shall be required for all task orders exceeding $35,000.00.

BIDDER SHALL INCLUDE ALL FEDERAL, STATE AND LOCAL TAXES. A TAX EXEMPT NUMBER WILL NOT BE PROVIDED.

11. The contractor shall begin performance within 5 calendar days and complete the work within the time set forth in the task order RFP after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 04:00 PM EST local time 30 March 2016. 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, is not 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. 8/2014)

FAR 53.301-1442 HSCGG1-16-R-PGF022 Page 2 FEDERAL ACQUISITION REGULATION

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO./FAX NO. (Include area code)

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

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

REPRESENTATIVE PROJECT – PAINTING OF TWELVE (12) APARTMENTS, USCG SECTOR NEW YORK, STATEN ISLAND, NY (RICHMOND COUNTY)

TOTAL LUMP SUM BID PRICE $_________________________

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

2/P/601/137/30/0/GF/72530/2545

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 USC 2304(c) () 41 USC USC 3304(a) ( )

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

USCG Civil Engineering Unit Providence Attn: David Mark 475 Kilvert Street Suite 100 Warwick, RI 02886 (401)736-1785

COMMANDING OFFICER (0324)

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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 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)

Jean M. Bretz, Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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 4-5

X | C | DESCRIPTION/SPECS/WORK STATEMENT 5-6

| D | PACKAGING AND MARKING 6

X | E | INSPECTION AND ACCEPTANCE 7

X | F | DELIVERIES OR PERFORMANCE 7

X | G | CONTRACT ADMINISTRATION DATA 8-9

X | H | SPECIAL CONTRACT REQUIREMENTS 9-13

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 13-24

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 24

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 24-29

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 29-34

X | M |EVALUATION FACTORS FOR AWARD 34-35

SECTION A

SOLICITATION/CONTRACT FORM

A.1 The minimum guaranteed amount for each contract awarded/resulting from this solicitation is $5,000.00.

A.2 The total aggregate value of all contracts awarded/resulting from this solicitation shall not exceed $900,000.

inclusive of all option years.

A.3 The NAICS code for this project is 238320 Painting and Wall Covering Contractors; Small Business Size

Standard is $15 million.

A.4 Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

A.5 Pursuant to FAR Part 19.5, this solicitation is issued as a 100% Total Small Business Set-aside.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

1. GENERAL SCOPE OF WORK:

PAINTING OF INTERIOR SURFACES IN FAMILY HOUSING FACILITIES, USCG SECTOR NEW YORK, STATEN ISLAND, NY. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform painting of interior surfaces of residential housing buildings on USCG Sector New York facilities in Staten Island, NY. Spaces to be painted include but are not limited to on-station family housing apartment buildings and single detached housing buildings, including common areas such as hallways. Although in most cases the housing units will be unoccupied, there may be instances that require the temporary relocation of furniture, fixtures and equipment in those areas to be painted. The contractor shall provide a comprehensive painting program that will ensure facilities are available to meet the needs of the government in a timely manner. Work consists of preparing and painting surfaces (i.e., walls, ceilings, doors, closets, kitchen, cabinets, trim, molding, and other areas). All work shall be accomplished in accordance with Specification #SECNY-0487 “Painting Services for US Coast Guard Sector New York, Staten Island, New York”, dated August 2015.

The Government anticipates making multiple awards under this one solicitation. There are no fixed unit prices under the IDIQ contract. The contract provides for the award of individual task orders for the execution of various interior painting projects for housing facilities at Sector New York. The Contractor shall provide all labor, material, equipment, transportation, supervision, disposal, and all other costs necessary to fulfill the requirements of each individual task order.

Task Orders will be awarded by the Contracting Officer based on price alone or best value (considering such factors as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, cost control, and price or cost, etc.) The contract period will be one (1) two-year base period and three (3) option years. All work shall be accomplished in strict accordance with contract clauses, applicable wage rates, and the specifications and drawings issued with each individual task order.

2. REPRESENTATIVE PROJECT: A representative project has been chosen for which all prospective bidders are required to submit a bid. This project will then become the first task order award under one of the successful IDIQ contracts. The representative project is as follows:

Representative Project – PAINTING OF TWELVE (12) APARTMENTS, USCG SECTOR NEW YORK, STATEN ISLAND, NY (RICHMOND COUNTY)

Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal necessary for the painting of twelve apartments broken down as follows:

-2-bedroom apartments (950 S.F. each): five (5) units;

-3-bedroom apartments (1,650 S.F. each): three (3) units;

-4-bedroom apartments (1,900 S.F. each): two (2) units; and -4-bedroom converted apartments (1,900 S.F. each): two (2) units.

Typical layouts for the above apartments and 5-bedroom apartments are provided in Technical Exhibit 1. For the purpose of submitting a price proposal, it should be assumed that no furniture shall require moving and no repairs shall be necessary.

Should that change the task order will be modified as necessary. All work for this task order shall be performed in strict accordance with the project scope of work, contract clauses, contract specifications, contract drawings, and applicable wage rate determinations as incorporated herein. The estimated price range for this task order is less than $35,000.00. The period of performance for this task order shall be four weeks*.

*Assumes a minimum of two painting crews; See project scope of work for the period of performance for each apartment type.

TOTAL LUMP SUM PRICE $_________________________

REPRESENTATIVE PROJECT – PAINTING OF TWELVE (12) APARTMENTS, USCG SECTOR NEW YORK, STATEN ISLAND, NY

The estimated value for the Representative Project, consisting of five (5) 2-bedroom units, three (3) 3-bedroom units, two (2) 4-bedroom units, and two (2) converted 4-bedroom units is less than $35,000.00.

For offers greater than $35,000 a payment protection will be required in accordance with FAR 52.228-2.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. GENERAL SCOPE OF CONTRACT

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform painting of interior surfaces of residential housing buildings on USCG Sector New York facilities in Staten Island, NY. Spaces to be painted include but are not limited to on-station family housing apartment buildings and single detached housing buildings, including common areas such as hallways. Although in most cases the housing units will be unoccupied, there may be instances that require the temporary relocation of furniture, fixtures and equipment in those areas to be painted.

The contractor shall provide a comprehensive painting program that will ensure facilities are available to meet the needs of the government in a timely manner. Work consists of preparing and painting surfaces (i.e., walls, ceilings, doors, closets, kitchen, cabinets, trim, molding, and other areas).

This Indefinite Delivery/Indefinite Quantity (IDIQ) painting contract has not fixed unit prices. All costs, such as labor, materials, equipment, transportation, supervision and disposal, as well as all associated overhead and profit, shall be priced under each individual Task Order. Wage determinations shall be issued for individual Task Orders. Task Orders shall be competed among all successful bidders.

All work shall be accomplished in strict accordance with contract clauses, applicable wage rates, and the specifications and drawings issued with each individual task order.

C.2. TERM OF CONTRACT

The contract period shall consist of one (1) two-year base ordering period and three (3) optional one-year ordering periods..

There is no guarantee that the Government will continue performance beyond the initial base ordering period. Based on the criteria as set forth in Federal Acquisition Regulation (FAR) Part 17.207, option periods shall be exercised at the complete discretion of the Contracting Officer.

C.3. TASK ORDERS – PROCESSES AND REQUIREMENTS

(a) Contractors will be provided with a fair opportunity to compete for each task order in accordance with the procedures described in FAR 16.505, unless an exception applies as described below.

(b) The Contracting Officer reserves the right to make award of a Task Order without competition based upon a determination that it is in the Government’s best interest or to meet minimum order requirements. The statutory exceptions to fair opportunity are as follows:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Only one awardee is capable of providing the supplies or services required because the supplies or services ordered are unique or highly specialized.

3. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

5. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

6. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirement identified in part 19 apply.

(c) As the need exists for performance under the terms of this contract, the Contracting Officer will notify the contractor(s) of an existing requirement by issuing a Request for Proposal (RFP) letter including the nature of the work to be performed, the location of the job, and the date of completion.

(d) Upon receipt of Contractor’s proposal, the Contracting Officer, at his/her discretion, may hold discussions if determined to be necessary. The Contracting Officer will then issue a written task order to the successful Contractor authorizing it to proceed with the work.

(1) Work under this contract shall be ordered by written Task Orders issued on Standard Form OF 347 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(2) Task Orders shall be firm-fixed-price and clearly define the specific services to be performed. The Government shall not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

(3) Method of submission for proposals will be defined in the Request for Proposal (RFP) letter for each individual Task Order.

(e) Task Orders may be awarded by the Contracting Officer based on best value – considering such factors as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, cost control, and price or cost, etc. These factors are not all-inclusive and will vary by individual Task Order. The Contracting Officer also reserves the right to make award of a Task Order based solely upon price, upon a determination that it is in the Government’s best interest to do so.

(f) “Oral Orders”. An oral order may be initiated by telephone in emergency circumstances by the Contracting Officer. If oral orders are placed the following conditions will apply.

(1) No oral orders will exceed $3,000.

(2) Award of task orders will be on a firm fixed price basis. Written confirmation on OF Form 347 Order for Supplies, will be issued within three (3) working days after the order is placed.

If an emergency oral order is placed, the contractor shall respond with a reasonable period of time, not to exceed 1 calendar day.

C.4. WAGE RATES

Applicable general wage rates shall be provided for each negotiated task order issued under this contract.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.1. INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996)

This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _*_ days after receipt of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

*Shall be identified in individual task orders

F.2. CONTRACT TIME NOTICE TO PROCEED

(a) Provided the contract is not terminated pursuant to paragraph (c) of FAR 52.228-1, "Bid Guarantee," if, in the opinion of the Contracting Officer, the Contractor's delay in executing formal contract documents or furnishing performance or payment bonds causes a delay in the issuance of the notice to proceed, the time to complete the work as specified in the contract, may be reduced to reflect such delay.

(b) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer.

(c) Notice to proceed may be issued by the Government at its convenience. Any right of the contractor to a price adjustment because of unreasonable delay on the part of the Government in issuing notice to proceed shall be determined in accordance with the clause titled "Suspension of Work."

F.3. SUSPENSION OF WORK (FAR 52.242-14) (APR 1984). This clause is incorporated by reference.

F.4. PERIOD OF PERFORMANCE

The period of performance for this contract shall be from the date of contract award through two (2) years. There are also three (3) option years. Task order(s) awarded prior to the expiration date of the contract shall be completed within the time stated in the task order(s). Exercise of an optional period of performance extends the period of performance of the contract by that option period.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. AUTHORIZED CONTRACTING OFFICERS

Any USCG warranted Contracting Officer may issue task orders under this contract within the constraints of their Certification of Appointment as a Contracting Officer for the Untied States of America.

G.2. INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, "Prompt Payment for Construction Contracts." Payments will not be made more frequently than once per month.

(b) Each invoice shall contain the following information:

(1) Contract and Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

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

NOTE: SCANNED INVOICES FOR FINAL PAYMENT SHALL BE ACCOMPANIED BY A FULLY EXECUTED

CONRACTOR’S RELEASE, DHS FORM 700-3.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: CEUPROV (from FinCen website; no hyphen)

(d) 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

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contract Specialist, and COR (CPM) at the addresses cited below:

david.mark@uscg.mil albert.markowitz@uscg.mil

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

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

a) The agency has actually accepted the property or services before the seventh day in which case the http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:albert.markowitz@uscg.mil 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 (such invoice must be a proper invoice); or

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

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

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

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

G.3. CONTRACT ADMINISTRATION

This contract will be administered by the Contract Specialist, U.S. Coast Guard, Civil Engineering Unit Providence. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer/Contract Specialist at:

USCG, CEU Providence Attn: David Mark 475 Kilvert Street, Suite 100 Warwick, RI 02886 (401)736-1766 david.mark@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. BID GUARANTEE (FAR 52.228-1) (SEP 1996) (Applies to all task order requests, if the bid price exceeds $150,000.00)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3.0 Million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

H.2. PERFORMANCE AND PAYMENT BOND REQUIREMENTS FOR TASK ORDERS

Securities to guarantee faithful performance of the contract and to guarantee payment to all persons supplying labor or materials in the performance of the contract shall be required for each task order in the amount specified in FAR clause 52.228-13 , Alternative Payment Protections (OCT 1997) (task orders over $35,000) or FAR clause 52.228-15, Performance and Payment Bonds – Construction (SEP 2005) (task orders over $150,000).

H.3. NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (HSAR 3052.228-90)(DEC

2003) (FOR TASK ORDERS OVER $35,000)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party.

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

______________________________ (Name) ______________________________ (Street Address) ______________________________ (City, State, Zip Code) ______________________________ (Contact and Telephone No.)

H.4. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)(JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.5. REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage Accident Per Person Per Accident Property Comprehensive

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

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

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.6. SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (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 acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.7. MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. 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.

(2) The request shall state how the proposed change would be incorporated into the schedule; 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 existing schedule.

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. 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. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.8. 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 Federal Acquisition Regulation Part 31.

H.9. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (HSAR 3052.209-70)

(JUN 2006)

(a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent' for ‘at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 USC 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions) --

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held --

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 USC 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USC 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that (check one):

___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473;

___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or, ___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

52.202-1 Definitions ............................................................................................................................. NOV 2013 52.203-3 Gratuities ................................................................................................................................... APR 1984 52.203-5 Covenant Against Contingent Fees ......................................................................................... MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government…………………………… ................ SEP 2006 52.203-7 Anti-Kickback Procedures ....................................................................................................... MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity ................ MAY 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity ........................................................ MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions ......................................... OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to inform Employees of

Whistleblower Rights………………………………………………. ...................................... APR 2014 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper……… ... ............... MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel ............................................................. JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards .................................. OCT 2015 52.204-13 Systems for Award Management Maintenance .......................................................................... JUL 2013 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts ............................ JAN 2014 52.204-18 Commercial and Government Entity Code Maintenance…………………………… .............. JUL 2015 52.209-6 Protecting the Government's Interest when Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment ................................................................................... OCT 2015 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations……………………………NOV 2015 52.215-2 Audit and Records – Negotiation………………………………………………………………OCT 2010 52.219-6 Notice of Total Small Business Set-Aside ............................................................................... NOV 2011 52.219-8 Utilization of Small Business Concerns .................................................................................... OCT 2014 52.219-14 Limitation on Subcontracting ................................................................................................... NOV 2011 52.219-28 Post-Award Small Business Program Representation ................................................................ JUL 2013 52.222-3 Convict Labor .........................................................................................................