RFP_HSCGG1-16-R-PRV022_-_Phase_1.pdf

REQUEST FOR PROPOSALS – PHASE I

SOLICITATION NUMBER: HSCGG1-16-R-PRV022

PHASE I PROPOSALS DUE: 25 APRIL 2016 AT 4:00 P.M. LOCAL TIME, WARWICK, RI

FOR: DESIGN/BUILD – CONSTRUCT ESD BUILDING, USCG STA SHINNECOCK, HAMPTON BAYS,

NEW YORK (SUFFOLK COUNTY)

IMPORTANT - NOTICE TO OFFERORS

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

a) Provide ONE original and THREE copies of the documentation required by Section M, Paragraph 3.0, Evaluation

Factors for PHASE I PROPOSALS.

b) Keep the remaining sections for your records.

c) In July 2012, the Central Contractor Registration (CCR), Online Representations and Certifications Application

(ORCA), Federal Agency Registration (FedReg), and the Excluded Parties List System (EPLS) systems migrated into the

System for Award Management (SAM). Any entity wishing to do business with the federal government under a Federal

Acquisition Regulation (FAR)-based contract or applying for federal grants, cooperative agreements or other forms of federal financial assistance through Grants.gov must be registered in SAM. Visit www.sam.gov to ensure your registration is active or for further information.

2. See Section L for Instructions, Conditions, and Notice to Bidders.

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

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

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

c) Have you completed and signed all required documents?

4. For general information contact the Contracting Officer at (401)736-1764 or via e-mail at Daniel.B.Walker@uscg.mil and the Contract Specialist at (401)736-1721 or via e-mail at Sean.E.Waldon@uscg.mil . Technical questions regarding specifications and/or drawings must be emailed to the Contracting Officer no later than April 8, 2016.

5. Email, telegraphic, telephonic, or facsimile proposals will not be accepted.

6. Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing dates.

http://www.sam.gov/ mailto:Daniel.B.Walker@uscg.mil mailto:Sean.E.Waldon@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-PRV022

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

24 MAR 2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

21-16-G16PRV022

6. PROJECT NO.

PSN3451337

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USCG Civil Engineering Unit Providence

475 Kilvert ST STE 100

Warwick, RI 02886

USCG Civil Engineering Unit Providence

ATTN: Daniel B. Walker/Sean E. Waldron

475 Kilvert ST STE 100

WARWICK, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Sean Waldron

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

401-736-1721

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):

DESIGN/BUILD – CONSTRUCT ESD BUILDING, USCG STA SHINNECOCK, HAMPTON BAYS, NEW YORK

(SUFFOLK COUNTY)

The Contractor shall provide all professional design, permitting and construction services (labor, equipment, materials, transportation, supervision, and disposal necessary) for a new temporary ESD Building, to include parking, associated utilities, and septic system at USCG Station Shinnecock, Hampton Bays, NY (Suffolk County, NY). This project requirement also includes the demolition of the existing ESD Building located at SFO Moriches, East Moriches, NY. The successful offeror must design and construct a complete and usable facility, to be described in greater detail in the RFP Phase II Documents.

CAUTION TO OFFEROR: Offeror is 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 the bidder from the responsibility for estimating properly the difficulty or cost of successfully performing the work. SEE CLAUSE AT SECTION L FOR SITE VISIT INFORMATION.

The NAICS code for this project is 236220, Commercial and Institutional Building Construction.

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within See Section F calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. *(See Section F )

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

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

YES NO

12B. CALENDAR DAYS

Ten

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 4:00 PM (hour) local time 04/25/2016(date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (Required for Phase II only)

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

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

STANDARD FORM 1442 (Rev. 4-85)

OFFER (Must be fully completed by Offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

DUNS:

CODE FACILITY CODE

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

AMOUNTS

NO PRICE REQUIRED FOR PHASE I,

REQUIRED IN PHASE II ONLY

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

See Section G

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

USCG Civil Engineering Unit Providence

ATTN: Sean Waldron, Contract Specialist

475 Kilvert ST STE 100

WARWICK, RI 02886

(401)736-1763

Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

Invoice Routing Code (IRC): CEUPROV

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

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

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

(Type or print)

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

DANIEL B. WALKER, CONTRACTING OFFICER

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 (Rev. 4-85) BACK

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SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) |SEC. | DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X | A |SOLICITATION/CONTRACT FORM 3

X | B |SUPPLIES OR SERVICES AND PRICES/COSTS 4

X | C |DESCRIPTION/SPECS/WORK STATEMENT 6

X | D |PACKAGING AND MARKING 6

X | E |INSPECTION AND ACCEPTANCE 6

X | F |DELIVERIES OR PERFORMANCE 6

X | G |CONTRACT ADMINISTRATION DATA 6

X | H |SPECIAL CONTRACT REQUIREMENTS 7

PART II - CONTRACT CLAUSES _

X | I |CONTRACT CLAUSES 10

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 17

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 17

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 21

X | M |EVALUATION FACTORS FOR AWARD 24

A.1. Magnitude of Construction Estimate: For purposes of disclosing the size of this project, offerors are advised that the total value is estimated between $750,000 and $1,500,000. This value is inclusive of both design and construction costs for the base bid works and option bid items. See Section H.2 for funding limitations

A.2. Performance and Payment Bonds will be required for 100% of the total award amount.

A.3. A bid guarantee is not required with the Phase I RFP submission. A 20% bid guarantee (SF 24) will be required for the Phase II RFP submission.

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SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

THE INFORMATION IN THIS SECTION IS FOR INFORMATIONAL PURPOSES ONLY. THIS IS THE

ANTICIPATED PRICING STRUCTURE FOR THE PHASE II PROPOSALS. THIS INFORMATION IS INCLUDED

TO HIGHLIGHT THE MAJOR WORK ITEMS AND CONSTRUCTION FUNDING LIMITATIONS.

The Contractor shall provide all professional design, permitting and construction services (labor, equipment, materials, transportation, supervision, and disposal necessary) to perform a Design/Build – Construct ESD Building at Station

Shinnecock at USCG STA Shinnecock, Hampton Bays, NY (Suffolk County, NY).

NOTE: Section H of the solicitation, H.2, Design within Funding Limitations, indicates less than $900,000 as the estimated cost of construction. These construction funds apply to Base Bid Work Items A and B, and Bid Option

Items E and F only and do not include design costs.

BASE BID WORK:

CLIN 0001: Base Bid Work- (A) Construct New Building for ESD, (B) Provide New Utility Connections for the

ESD Building, (C) Telephone and Telecommunication Cabling for the ESD Building, (D) Permits:

CLIN 0001A: Design (Base Bid Work A, B, C and D) $_________________

CLIN 0001B: Construction (Base Bid Work A and B) $_________________

CLIN 0001C: Construction for Telephone and

Telecommunications Cabling for the ESD Building (Base Bid Work C) $_________________

CLIN 0001 TOTAL LUMP SUM PRICE (CLINS 0001A, 0001B & 0001C): $__________________

OPTION BID ITEMS:

CLIN 0002: Bid Option Item (E) - Construct Asphalt Parking and Access Drive

CLIN 0002A: Design $__________________

CLIN 0002 B: Construction $__________________

CLIN 0002 TOTAL LUMP SUM PRICE (CLINS 0002A & 0002B): $__________________

CLIN 0003: Bid Option Item (F) - Sanitary/Septic system that serves the existing Multi-Mission Building (MMB)

CLIN 0003A: Design $__________________

CLIN 0003B: Construction $__________________

CLIN 0003 TOTAL LUMP SUM PRICE (CLINS 0003A & 0003B): $__________________

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SECTION B (CONTINUED)

SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN 0004: Bid Option Item (G) - Demolition of the existing ESD Building at SFO Moriches

CLIN 0004A: Design $__________________

CLIN 0004B: Construction $__________________

CLIN 0004 TOTAL LUMP SUM PRICE (CLINS 0004A & 0004B): $__________________

CLIN 0005: Bid Option Item (H) – ADA Compliance

CLIN 0005A: Design $__________________

CLIN 0005B: Construction $__________________

CLIN 0005 TOTAL LUMP SUM PRICE (CLINS 0005A & 0005B): $__________________

TOTAL PROPOSAL (CLINS 0001 THROUGH 0005): $_____________________________

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SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

GENERAL DESCRIPTION:

The Contractor shall provide all professional design, permitting and construction services (labor, equipment, materials, transportation, supervision, and disposal necessary) to perform a Design/Build – Construct ESD Building at Station

Shinnecock at USCG STA Shinnecock, Hampton Bays, NY (Suffolk County, NY).

All work shall be accomplished in accordance with the contract terms and conditions, and the attached Scope of Work.

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)

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 ten (10) calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than 365 calendar days (Design Phase NTE 90 calendar days) after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 SUSPENSION OF WORK (FAR 52.242-14) (APR 1984)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, 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 and Contract Specialist at:

USCG CEU Providence

Attn: Daniel Walker/Sean Waldron

475 Kilvert ST STE 100

Warwick, RI 02886

Phone: (401)736-1765/1721

Fax: (401)736-1704

Email: Daniel.B.Walker@uscg.mil; sean.e.waldron@uscg.mil mailto:sean.e.waldron@uscg.mil

HSCGG1-16-R-PRV022******************************************************************************* 7

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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.2 DESIGN WITHIN FUNDING LIMITATIONS (FAR 52.236-22)(Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The

Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction cost for the project described in this contract is less than $900,000.00. NOTE: These construction funds apply to Base Bid Work Items A and B, and Bid Option Items E and F only and do not include design costs.

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H.3 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR (FAR 52.236-23) (APR 1984)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

H.4 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS (FAR 52.236-24) (APR 1984)

The extent and character of the work to be done by the Contractor shall be subject to the general oversight, supervision, direction, control, and approval of the Contracting Officer.

H.5 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (FAR 52.236-25) (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the

District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

H.6 CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the total contract period of performance of 365 calendar days to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing material and equipment purchases to meet critical schedules, effectively interfacing the construction Quality Control (QC) with the design QC, and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

H.7 HSAR 3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003)

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

(a) The prime contract is subject to the Miller Act (40 U.S.C. 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 owned for work performed and materials delivery 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.

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

(Name) _________________________________________

(Street Address) __________________________________

(City, State, Zip Code) _____________________________

(Contact & Tel. No.) ______________________________

H.8 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 FAR 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.6 GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation

Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the

Department of Homeland Security is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at http://epa.gov/cpg

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are at http://energystar.gov/products for Energy Star products

Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated products

Environmentally Preferable Computers are at http://www.epeat.net

Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html

Water efficient plumbing products are at http://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the

Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR 52.223-2, Affirmative Procurement of

Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming

Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content.

In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

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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/far/

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

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 Postconsumer 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

52.204-14 Service Contract Reporting Requirements 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 OCT 2015

Debarred, Suspended, or Proposed for Debarment

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

52.215-2 Audit and Records – Negotiation OCT 2010

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.217-4 Evaluation of Options Exercised at Time of Contract Award JUN 1988

52.219-6 Notice of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.219-28 Post-Award Small Business Program Re-representation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirement FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination - Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wage Under Executive Order 13658 DEC 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and http://www.acquisition.gov/far/

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Construction Contracts SEP 2013

52.223-3 Hazardous Material Identification and Material Safety Data, Alt I (July 1995) JAN 1997

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

52.223-6 Drug-Free Workplace MAY 2001

52.223-15 Energy Efficiency in Energy Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts MAY 2008

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.228-1 Bid Guarantee (20%, use form SF24) (Perf & Pay Bonds 100% of Award) SEP 1996

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work on a Government Installation JAN 1997

52.228-11 Pledges of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance & Payment Bonds – Construction OCT 2010

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY2014

52.232-17 Interest MAY 2014

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts paragraph (a)(1)(i)(A) (“30 days” in lieu of “14 days”) MAY 2014

52.232-33 Payment by Electronic Funds Transfer – System of Award Management JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and APR 1984

Improvements

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction (Alt 1 APR 1984) FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items FEB 2016

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering - Construction OCT 2015

52.249-2 Termination for Convenience of the Government APR 2012

(Fixed-Price) - Alt I (SEP 1996)

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

52.253-1 Computer Generated Forms JAN 1991

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR, CHAPTER 30,

CLAUSES BY REFERENCE)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address:

http://dhsconnect.dhs.gov/org/comp/mgmt/cpo/Documents/HSAR.pdf

3052.205-70 Advertisements, Publicizing awards, and Releases SEP 2012

3052.211-70 Index for Specifications DEC 2003

3052.219-70 Small Business Subcontracting Plan Reporting JUN 2006

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

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

3052.222-90 Local Hire (USCG) JUN 2006

3052.223-90 Accident and Fire Reporting DEC 2003

3052.228-70 Insurance DEC 2003

3052.242-72 Contracting Officer's Technical Representative DEC 2003

I.2 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if— http://dhsconnect.dhs.gov/org/comp/mgmt/cpo/Documents/HSAR.pdf https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

HSCGG1-16-R-PRV022******************************************************************************* 14 contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (HSAR 3052.209-70) (JUNE 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986

(without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting

`more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security

Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

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

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

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

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

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the

Internal Revenue Code of 1986, respectively.

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

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

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

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the

Homeland Security Act, 6 U.S.C. 395(b)(1).

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

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

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C.

395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of

(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of

(HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-

7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of

(HSAR) 48 CFR…