J1 21PAC131 IFB pages 3 to 53.pdf

NOTICE TO

BIDDER/OFFEROR

For proper identification and handling of your bid/offer, ENSURE the following information is on the envelope containing your bid/offer or complete and affix the below label on the lower left corner of the envelope.

BID/OFFER

SOLICITATION NO.

70Z08321BPAC13100

DATE FOR RECEIPT OF BID/OFFER

03/31/2022

TIME OF RECEIPT OF BID/OFFER

2:00 pm EST

OFFICE DESIGNATED TO RECEIVE BID/OFFER

COMMANDING OFFICER, U. S. COAST GUARD

ATTN: Contracting Officer (cp)

CIVIL ENGINEERING UNIT CLEVELAND

1240 E. NINTH ST., ROOM 2179

CLEVELAND, OH 44199-2060

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

You must return one (1) complete copy of the entire solicitation package (SF-1442, and Sections B- M, plus the reference sheet). Please send your bid to the address listed in block 7 of SF-1442.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Base Work: Provide all labor, materials equipment, transportation and supervision required for BUILDING AND SITE REPAIRS AT USCG SECTOR FIELD

OFFICE (SFO) FORT MACON, ATLANTIC BEACH, NC.

All work shall be performed in accordance with the Specifications PN 11731512 Dated 24 MARCH 2021 and USCG Construction Drawings Numbers CG DWG 8601-D Sheets 1 through 134.

Base Work B-1: $____________________________

(Insert offer amounts in Block 17, page 2, of SF1442)

NOTE: All bids shall include taxes – no tax exemption certificates will be issued.

(Offer shall be valid for 90 days after date offer due)

The contractor is required to provide the following information with their offer:

TIN:________________________________________

DUNS:________________________________________

CAGE CODE:_________________________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See Specifications P/N 11731512 & USCG Construction Drawings Numbers:

CG DWG 8601-D Sheets 1 through 134.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails, etc. shall be marked with the solicitation/contract number (70Z08321BPAC13100).

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

F-1. FAR 52.211-10 Commencement, Prosecution & Completion of Work

(APR 1984).

The Contractor shall be required to (a) commence work under this contract within 10 calendar days, (b) prosecute the work diligently, and (c) complete the entire contract within 330 calendar days after receipt of a Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The Performance Period includes 7 bad weather days. The definition of weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor work day and delay work critical to the timely completion of the project. If the number of actual weather days exceeds the number of days anticipated by the Coast Guard, then the Contracting Officer may convert the qualifying days to calendar days and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction).”

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. INVOICE REQUIREMENTS:

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

DESIGNATED BILLING OFFICE AND INVOICE PROCEDURES

(a) Submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

(b) Actions to take:

https://www.ipp.gov/

(1) If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

(2) If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address ay filter into your spam or junk folder:

(3) The first email will have the IPP Logon ID and a link to the IPP application.

(4) A second email, which will be sent within 24 hours of the first email, contains a temporary password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

Toll-free number: 866-973-3131

Email address: IPPCustomerSupport@fiscal.treasury.gov

Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET

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

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

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

mailto:ipp.noreply@mail.eroc.twai.gov

(c) To facilitate processing, all proper invoices and any supporting information submitted proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/.

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

Contract Specialist: kathleen.m.flemingosborne@uscg.mi COR: Clayton.p. Mcbeth@uscg.mil

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

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

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

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

(1) On the later of :

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

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

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

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

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

mailto:kathleen.m.flemingosborne@uscg.mi mailto:Clayton.p.%20Mcbeth@uscg.mil https://www.fincen.uscg.mil/secure/payment.htm

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

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

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

G-2. NOTE: This contract incorporates FAR Clause 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018). All contractors doing business with the U. S. Government are required to register in this database. No payment can be made until you are registered. You can register online via SAM accessed through https://www.sam.gov.

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, it is the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U. S. Coast Guard.

G-3. CORRESPONDENCE

All correspondence shall be sent directly to: (All correspondence, Emails, Invoices, etc. shall reference the contract number.)

Contracting Officer USCG Civil Engineering Unit Attn: Kathleen Fleming Osborne 1240 East Ninth Street, Rm. 2179 Cleveland, OH 44199-2060 Email – kathleen.m.flemingosborne@uscg.mil Telephone: (216) 902-6275

NOTE: The solicitation or contract number (as appropriate) shall appear in the subject line of all correspondence and emails.

G-4. DAILY REPORTS: The contractor is required to complete a Daily Report for each day of work. The report shall be signed by the Superintendent and forwarded to the COR at the end of each work day or no later than 10:00 A.M. the next work day. The Daily Report form is provided as an attachment to the solicitation.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The magnitude of the requirement is between $5M and $10M.

https://www.sam.gov/ mailto:kathleen.m.flemingosborne@uscg.mil mailto:kathleen.m.flemingosborne@uscg.mil

H-2. REQUIRED BONDS ($150,000.00 AND OVER)

A Bid Bond in the amount of 20% is required to accompany your bid and is due on the date of closing.

Awards exceeding $150,000.00: Performance and Payment Bonds in the amount of 100% of the contract price will be required after award of the contract. Performance and Payment Bonds shall be submitted within TEN calendar days after receipt of Notice of Award.

Standard Form (SF-24), Bid Bond (Rev. 08-2016), can be access at http://www.gsa.gov/portal/forms/type/SF

H-3. REQUIRED INSURANCE

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5 (Jan 1997), Insurance - Work on a Government Installation.

Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

TYPE AMOUNT

Worker's Compensation Per state law Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury Automobile Liability Property Damage

$500,000 per occurrence $500,000 per occurrence $200,000 per person $ 20,000 per occurrence

"Comply with applicable Federal and State worker's compensation and occupational disease statutes."

The Certificate shall cite the contract number and name of the Contract Specialist.

H-4. MODIFICATION PROPOSALS – PRICE BREAKDOWN

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

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for-http://www.gsa.gov/portal/forms/type/SF

(i) Material;

(ii) Labor;

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead; and

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

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

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

H-5. SUPERINTENDENCE BY CONTRACTOR – In accordance with FAR 52.236-6 Superintendence by the Contractor (APR 1984), the contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on-site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor). The profile/summary shall include an outline of the superintendent’s qualifications and the extent of his authority.

(Do NOT submit this information in the Safety Plan.)

This information shall be submitted to the Contracting Officer, in writing, within 10 days from issuance of the Notice to Proceed.

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

H-6. FIELD OFFICE - Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

H-7. GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Orders 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy and Economic Performance, the Department of Homeland Security (DHS) is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and wellbeing 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 wellbeing 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.iopreferred.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 Federal Acquisition Regulation (FAR) 52.223-2, Affirmative Procurement of Bio-based 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 bio-based 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.

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 and lower tier) that will be performing work at the construction site. The form(s) shall be submitted before the subcontractor begins work. The form provides an acknowledgement by the subcontractor that mandatory “flow-down” contract clauses have been included in his/her contract in accordance with the Contractor at the time of award. Completion of this form creates no relationship between the subcontractor(s) and the U. S. Government.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

http://epa.gov/cpg http://www.iopreferred.gov/ http://energystar.gov/products http://www.eere.energy.gov/femp/procurement http://www.epeat.net/ http://www.epa.gov/ozone/strathome.html http://epa.gov/watersense

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Upon request, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

(Incorporated by Reference)

52.202-1 Definitions (Jun 2020).

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 (Jun 2020).

52.203-7 Anti-Kickback Procedures (Jun 2020).

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

52.203-13 52.204-14

Limitation on Payments to Influence Certain Federal Transactions (Jun 2020).

Contractor Code of Business Ethics and Conduct (Nov 2021) Display of Hotline Posters (nov 2021)

52.203-19

52.204-1 52.204-4

52.204-9

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017).

Approval of Contract (Dec 1989) (Contracting Officer) Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) Personnel Identity Verification of Contractor Personnel (Jan 2011).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.209-6

52.209-9

52.214-3 52.214-4 52.214-5 52.214-6 52.214-7 52.214-12 52.214-14 52.214-15

52.214-18

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) Amendments to Invitations for Bid(Dec 2016) False Statements in Bids(Apr 1984) Submission of Bids (Dec 2016) Explanation to Prospective Bidders (Apr 1984) Late Submissions, Modifications, and Withdrawals of Bids(Nov1999) Preparation of Bids (Apr 1984) Place of Performance – Sealed Bidding (Apr 1985) Period for Acceptance of Bids Acceptance period 90 calendar days (Apr 1984).

Preparation of Bids –construction (Apr 1984) https://www.acquisition.gov/far

52.214-19 52.214-26 52.214-27

52.214-28

Contract Award-Sealed Bidding-Construction (Aug 1996) Audit and Records- Sealed Bidding (Jun 2020).

Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding (Oct 2021)(Deviation) Subcontractor Certified Cost or Price Data – Modifications-Sealed Bidding.(Oct 2021)(Deviation)

52.214-29 52.215-19

Order of Precedence-Sealed Bidding (Jan 1986) Notification of Ownership Changes (Oct 1997)

52.219-8 Utilization of Small Business Concerns(Oct 2018)

52.219-14 Limitations on Subcontracting (Oct 2021)(Deviation Oct 2021)

52.219-28 Post Award Small Business Program Representation (Sep 2021).

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

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code 236210 assigned to

IFB 70Z08321BPAC13100.

[Contractor to sign and date and insert authorized signer’s name and title].

52.222-3 Convict Labor (Jun 2003).

52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation (May 2018)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (May 2014).

52.222-8 Payrolls and Basic Records (Jul 201).

52.222-9 Apprentices and Trainees (Jul 2005).

52.222-10 Compliance with Copeland Act Requirements (Feb1988).

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

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

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988).

52.222-15 Certification of Eligibility (May 2014).

52.222-21 52.222-23

Prohibition of Segregated Facilities (Apr 2015) Notice of Requirement for Affirmative Action to Ensure Equal Employment for Construction (FEB 1999)

52.222-26 Equal Opportunity (Sep 2016).

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015).

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020).

52.222-37 Employment Reports On Veterans (Jun 2020).

52.222-40

52.222-50

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (Nov 2021)

52.222-55 Minimum Wage Under Executive Order 13658 (Jan 2022)

52.222-62 52.223-2

52.223-5

Paid Sick Leave Under Executive Order 13706 (Jan 2022) Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 52.223-11

52.223-12

Drug-Free Workplace (May 2001) Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) Maintenance, Service, Repair, or disposal of Refrigeration Equipment and Air Conditioners (June 2016)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

52.223-17

52.223-18

52.223-20 52.223-21

Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018).

Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020).

Aerosols (June 2016) Foams (June 2016)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020).

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

52.227-4 Patent Indemnity—Construction Contracts (Dec 2007)

52.227-17 52.228-1

Rights in Data-Special Works (Dec 2007) Bid Guarantee (Sep 1996) 20%

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 (Aug 2018)(Deviation May 2020)

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

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

52.228-15 52.228-17 52.229-2

Performance and Payment Bonds—Construction (Oct 2010).(Deviation May 2020) Individual Surety Pledge of Assets (Bid Guarantee) (Feb 2021)

52.229-3 North Carolina State and Local Sales and Use Tax (April 1984) Federal, State and Local Taxes (Feb 2013)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)

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

52.232-17 52.232-18 52.232-23

Interest (May 2014) Availability of Funds (Apr 1984) Assignment of Claims (May 2014).

52.232-27 Prompt Payment for Construction Contracts (Jan 2017).

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)(Deviation Apr 2020)

52.233-1 Disputes (May 2014).

52.233-3 Protest After Award (Aug 1996).

52.233-4 Applicable Law for Breach of Contract Claims (Oct 2004).

52.236-2 Differing Site Conditions (Apr 1984).

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984).

52.236-5 Material and Workmanship (Apr 1984).

52.236-6 Superintendence by the Contractor (Apr 1984).

52.236-7 Permits and Responsibilities (Nov 1991).

52.236-8 Other Contracts (Apr 1984).

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984).

52.236-10 Operations and Storage Areas (Apr 1984).

52.236-11 Use and Possession Prior to Completion (Apr 1984).

52.236-12 Cleaning Up (Apr 1984).

52.236-13 Accident Prevention (Nov 1991).

52.236-14 Availability and Use of Utility Services (Apr 1984).

52.236-15 Schedules for Construction Contracts (Apr 1984).

52.236-17 Layout of Work (Apr 1984).

52.236-21 Specifications & Drawings for Construction (Feb 1997).

52.236-26 Preconstruction Conference (Feb 1995).

52.242-13 Bankruptcy (Jul 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (Jun 2007).

52.243-5 Changes and Changed Conditions (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Nov 2021)

52.246-21 Warranty of Construction (Mar 1994).

52.248-3 Value Engineering – Construction (Oct 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) (ALT 1) (Sept 1996).

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

52.253-1 Computer Generated Forms (Jan 1991).

I-2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION

REGULATION (48 CFR CHAPTER 30) CLAUSES (IBR)

3052.205-70 Advertisements, Publicizing Awards, and Releases (Sep 2012).

3052.211-70 Index for Specifications (Dec 2003).

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

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

3052.222-90 Local Hire (USCG) (Jun 2006)

North Carolina 3.7% / National 4%

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (Jun 2006).

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

3052.228-70 Insurance (Dec 2003).

3052.228-90 Notification of Miller Act Payment Bond Protection (Dec 2003)

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

Name:_______________________________________ Street Address:_______________________________ City, State, Zip Code:__________________________ Contact & Tel No._____________________________.

I-3. FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020).

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

(b) The use in this solicitation or contract of any CGAP (48 CFR 1.301(a) (2)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I-4. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights(Sep 2013)(DHS-USCG Class Deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C.

2409, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

I-5. 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding (Oct 2021) (DEVIATION).

a) This clause shall become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $2 million on the date of execution of the modification, except that this clause does not apply to a modification if an exception under FAR 15.403-l

(b) applies.

b) If any price, including profit, negotiated in connection with any modification under this clause, was increased by any significant amount because 1) the Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause.

c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which ( 1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data.

d)(l) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense

i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted;

http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%203_9.html#wp1081284

ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer;

iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract; or

iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.

2)(i) Except as prohibited by subdivision ( d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if

A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and

B) The Contractor proves that the certified cost or pricing data were available before the date of agreement on the price of the contract (or price of the modification) and that the data were not submitted before such date.

ii) An offset shall not be allowed if

A) The understated data was known by the Contractor to be understated when the Certificate of Current Cost or Pricing Data was signed; or

B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the date of agreement on price.

e) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid

1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and

2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data which were incomplete, inaccurate, or noncurrent.

(End of clause)

I-6. 52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding (Oct 2021) (DEVIATION).

a) The requirements of paragraphs (b) and( c) of this clause shall

1) Become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $2 million on the date of execution of the modification, and

2) Be limited to such modifications

b) Before awarding any subcontract expected to exceed $2 million, on the date of agreement on price or the date of award, whichever is later, or before pricing any subcontract modifications involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $2 million, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing, as part of the subcontractor's proposal in accordance with Federal Acquisition Regulation FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-l(b) applies. If the $2 million threshold for submission of certified cost or pricing data specified is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.

c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in subsection 15.406-2 of the Federal Acquisition Regulation that, to the best of its knowledge and belief, the data submitted under paragraph (b) above were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that, when entered into, exceeds $2 million.

End of clause

I-7 52.219-14 Limitations on Subcontracting (Oct 2021)(DEVIATION Oct 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts

19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961,

2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c) (1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c) (4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (

End of clause

I-8. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (DEVIATION Apr 2020)

(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

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

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

I-9. FAR 52.225-11 Buy American–Construction Materials under Trade Agreements.

(Nov 2021)

As prescribed in 25.1102(c), insert the following clause:

https://www.acquisition.gov/far/part-25#FAR_25_1102

BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2021)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (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 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— https://www.acquisition.gov/far/part-2#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material

(whether or not such costs are paid to a domestic firm), and any applicable duty

(whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak

Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United

Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or

Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and…