RFP_Kodiak_Paving_IDIQ_4-5-23.pdf

UNITED STATES COAST GUARD

CIVIL ENGINEERING UNIT - JUNEAU

PAVING, BASE SUPPORT UNIT KODIAK ISLAND, ALASKA

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

REQUEST FOR PROPOSAL

PROJECT NO. 8270978

APPENDIX B – CHAPTER 3033

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government.

The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed, or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to OPAP@uscg.mil or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

Table of Contents

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM/INDEX

SECTION B - SUPPLIES OR SERVICES AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

70Z08723RKODI8270978

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/05/2023

PAGE OF PAGES

IMPORTANT –

The "offer" section on the reverse must be fully completed by the Contractor.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

TBD

6. PROJECT NUMBER.

8270978

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT JUNEAU

709 WEST 9TH STREET, ROOM 817

JUNEAU, ALASKA 99801

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT JUNEAU

709 WEST 9TH STREET, ROOM 817

JUNEAU, ALASKA 99801

9. FOR INFORMATION

CALL

A. NAME

Cheryl A. Berry, Contracting Officer

B TELEPHONE NUMBER (INCLUDE AREA CODE) (NO COLLECT CALLS)

(907) 463-2435

SOLICITATION

NOTE:

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS:

THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

REQUEST FOR PROPOSAL (RFP) 70Z08723RKODI8270978 INCLUDING SPECIFICATIONS AND DRAWINGS ENTITLED: UNITED STATES COAST GUARD PAVING, BASE SUPPORT UNIT KODIAK ISLAND, ALASKA.

Contractor shall provide all labor, material, equipment, transportation, supervision, and disposal necessary for paving repairs and replacement in support of USCG Base Support Unit (BSU) Kodiak, AK. All work shall be accomplished in accordance with the contract terms and conditions, the specifications attached hereto, and applicable wage rates.

A bid guarantee IS required in the amount of $1,000,000.00 for the “seed project” RFP included with this solicitation. Payment and performance bonds will be required for all task orders exceeding $150,000. Payment bonds will be required for all orders exceeding $35,000.

SMALL BUSINESS SIZE STANDARD: Refer to Section K-1, page 27 of this RFP.

The total aggregate ceiling of the base period and all potential option periods is $10,000,000.

The Government contemplates a single award task order contract (SATOC) indefinite-delivery-indefinite-quantity (IDIQ). This IDIQ and resulting task orders will be firm fixed price.

The Contractor is requested to review this RFP as soon as possible upon receipt. If the Contractor has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, in writing, referencing section and paragraph of solicitation to the U.S. Coast Guard Contracting Officer, Cheryl A.

Berry. Email address is: Cheryl.a.berry@uscg.mil.

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

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Contractor’s proposal to perform the work required is due via email to cheryl.a.berry@uscg.mil by 10:00 AM AKST (hour) 4/26/2023.

b. An offer guarantee is, is not required. ($1,000,000.00)

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.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) mailto:Cheryl.a.berry@uscg.mil mailto:cheryl.a.berry@uscg.mil

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

SAM.GOV UEI: _________________

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

CAGE: ___________

CODE FACILITY CODE

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

AMOUNTS

18. The Contractor 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

Minimum guaranteed amount of $10,000

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

Invoice Processing Platform

(IPP)

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C.3304 (a) ( )

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

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT JUNEAU

PO Box 25517

709 WEST 9TH STREET, ROOM 817

JUNEAU, ALASKA 99802-5517

COMMERCIAL INVOICES

U. S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copy 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)

Cheryl A. Berry 30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

See Attached Price Schedule

CEU JUNEAU 5 (FAC 2023-02/3-16-2023)

SECTION B - SUPPLIES OR SERVICES AND PRICES

USCG BASE SUPPORT UNIT KODIAK PAVING

B.1 General Scope of Work This is a Single Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Task Order Contract (SATOC) for professional construction services - paving.

Construction Services to be provided under this contract are described in the Section C, and as further specifically defined in each individual task order as it is negotiated. The contractor shall provide construction services – paving at the rates delineated herein.

Contractor shall provide all labor, material, equipment, transportation, supervision, and disposal necessary for the Kodiak Island Paving Replacement and Repairs Indefinite Delivery/Indefinite Quantity construction contract in support of USCG Base Support (BSU) Kodiak, Alaska in accordance with this solicitation and the attached specifications.

The minimum total of all orders shall be $10,000.00 over the life of the contract. The maximum total of this contract $10,000,000.00, or 5 years, whichever comes first. The contract will include a Base Year and four (4) one-year options. Yearly rates, indirect costs rates and escalation rates will be negotiated after receipt of proposal.

An order is placed when the OPTIONAL FORM 347 (Rev. 5/2011) or the appropriate form is signed by the Contracting Officer. All orders shall be recorded in a Government document access system (e.g., the Federal Procurement Data System (https://www.fpds.gov/fpdsng) or the Financial Systems Modernization Solution (FSMS).

B.2 Contractor shall be required to submit a listing of rates (unburdened) for specific work tasks intended to be used to perform services via task orders awarded under this contract. An overhead rate and profit shall also be provided separately. The Kodiak Paving IDIQ Price Schedule (Attachment 2) shall be completed by the Contractor and will become a part of the resultant contract.

B.3 Complete Attachment 2 – Kodiak Paving IDIQ Price Schedule

**ALL ITEMS ARE TO BE PRICED SEPARATELY**

B.4 A seed project (FY23 Paving-Polaris Ave/Cape St. Elias) Request for Proposal (RFP) has been included with this solicitation package. Contractor shall provide a proposed price to USCG using the rates proposed in the Kodiak Paving IDIQ Price Schedule. The pricing submitted in this seed project RFP will be used as the basis of price evaluation of this solicitation. The RFP package for FY23 Paving-Polaris Ave/Cape St. Elias is attached.

Award of the FY23 Paving-Polaris Ave/Cape St. Elias will fulfill minimum guarantee set by the IDIQ.

CEU JUNEAU 6 (FAC 2023-02/3-16-2023)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 General Scope of Contract The purpose of this Indefinite Delivery/Indefinite Quantity (IDIQ) contract is to establish terms and conditions upon which the Contractor will perform miscellaneous pavement & associated repairs at U.S. Coast Guard Base Support Unit (BSU) Kodiak, Alaska. Work shall be accomplished pursuant to the pricing schedule in Section B, the contract terms and conditions, the attached specification, and the applicable wage rates.

C.2 Wage Rates The applicable general wage rates will be incorporated into the individual task orders at the time of issuance.

C.3 Specifications and Drawings:

(a) See Section J - “List of Attachments”

(b) DRAWINGS MEASUREMENTS SHOULD BE FIELD VERIFIED BY THE SUCCESSFUL CONTRACTOR PRIOR TO

ORDERING MATERIAL

(c) Failure to read the specifications in their entirety will not relieve the Contractor from responsibility for properly estimating the difficulty or cost of successfully performing the work. Failure to do so will be at the contractor’s risk.

C.4 The Contractor shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect will be rejected.

SECTION D - PACKAGING AND MARKING

D.1 All correspondence shall include the contract number and project number. All email correspondence shall include the contract number and project number in the subject line.

D.2 All shipments of materials, equipment and/or supplies by the Contractor to the project shall be addressed to the Contractor and not the U. S. Coast Guard. Preservation, packaging, and packing shall be in accordance with standard practice for commercial packaging.

CEU JUNEAU 7 (FAC 2023-02/3-16-2023)

SECTION E - INSPECTION AND ACCEPTANCE

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

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not –

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

CEU JUNEAU 8 (FAC 2023-02/3-16-2023)

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

E.2 Contractor Inspection System:

The Contractor shall prepare and file a "Contractor's Daily Report" for each day of contract performance.

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

E.3 Acceptance:

Final inspection, punch list, acceptance and clean-up of the project site shall be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer’s Representative designated in writing by the Contacting Officer.

CEU JUNEAU 9 (FAC 2023-02/3-16-2023)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 The following Federal Acquisition Regulation (Far) Clauses are Incorporated by Reference:

52.211-13 Time Extensions (SEP 2000)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.242-14 Suspension of Work (APR 1984)

F.2 The following Federal Acquisition Regulation (Far) Clauses are Incorporated in Full Text and are Applicable to the Solicitation and Resulting Contract:

52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ** . The time stated for completion shall include final cleanup of the premises.

**Note: Completion times shall be addressed in individual task orders issued hereunder.

F.3 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty percent (50%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.4 Period of Performance

The period of performance for this contract shall be from the date of contract award for a period of one year.

There are also four (4) one-year option periods. Task order(s) awarded prior to the expiration date of the contract shall be completed within the time stated in the task order(s). Exercise of an option period of performance extends the life of the contract by that option period.

F.5 Guaranteed Minimum Amount

In accordance with FAR 52.216-22(b), the guaranteed minimum quantity of work the Government agrees to order under this contract is $10,000 for the base period. This shall be guaranteed during the base period and no guarantee is made for subsequent option years. Seed project FY23 Paving-Polaris Ave/Cape St. Elias at Base Kodiak, AK shall be awarded concurrently with the IDIQ and will satisfy the guaranteed minimum amount.

CEU JUNEAU 10 (FAC 2023-02/3-16-2023)

F.6 The following Department of Homeland Security clauses are incorporated by reference in accordance with Section I, paragraph I.2. Full text of this clause will be furnished upon request.

3052.223-90 Accident and Fire Reporting (DEC 2003)

CEU JUNEAU 11 (FAC 2023-02/3-16-2023)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contract Administration:

This contract will be administered by Ms. Cheryl A. Berry, Contract Specialist, or authorized representative located at the U.S. Coast Guard Civil Engineering Unit - Juneau, PO Box 22517, 709 West 9th Street, Room 817, Juneau, Alaska, 99802-5517. All matters related to the performance of this contract shall be coordinated through Ms. Berry, cheryl.a.berry@uscg.mil, 907-463-2435 and the appointed Contracting Officer’s Representative.

All correspondence unless otherwise specified shall be directed to: Cheryl.a.berry@uscg.mil. All correspondence will include the solicitation number in email subject line: 70Z08723RKODI8270978.

G.2 Contracting Officer’s Representative:

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

The Contracting Officer's Representative (COR) is authorized to issue Notices regarding noncompliance with contract requirements. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Clause 52.242-14, Suspension of Work (APR 1984).

G.3 Contracted Support Personnel: Contracted support personnel subject to the NDA obligations of FAR

52.203.16 will be involved in the evaluation of quotations in response to this solicitation. Specifically, Ms. Eva Melancon and Mr. Isaac Stark, employees of Bowhead Mission Solutions, LLC, are assigned to the Technical Advisor Team and may be granted access to contractor proprietary information. In accordance with FAR 9.505-4, prospective quoters are advised to enter into a third-party Non-Disclosure Agreement (NDA) with Bowhead Mission Solutions, LLC; David Briar, (David.briar@bowheadsupport.com) and to provide a copy of the signed NDA to John.wright@uscg.mil and Cheryl.A.Berry@uscg.mil PRIOR to submission of its quotation.

G.4 Submittals/Shop Drawings:

Contractor shall provide a schedule of required submittals indicating the order in which the Contractor proposes to provide the required submittals and the dates on which the Contractor plans to provide said submittals. This schedule shall be provided prior to the preconstruction conference for review and discussion during the conference. Reviewed submittals by the Government will indicate approval or disapproval of the submittals/shop drawings and if not approved as submitted shall indicate reasons thereof. Any work done prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from the responsibility for complying with the requirements of this contract.

mailto:cheryl.a.berry@uscg.mil mailto:Cheryl.a.berry@uscg.mil mailto:John.wright@uscg.mil mailto:Cheryl.A.Berry@uscg.mil

CEU JUNEAU 12 (FAC 2023-02/3-16-2023)

G.5 Post Award Conference:

As soon as practicable after the award of contract, a mutually agreeable time and date for a post award conference between the representatives of the Government and the Contractor will be established. This event is in addition to the preconstruction conference. This conference will be held either by telephone or, if convenient, at this office to discuss the terms and conditions of the contract. Below are some of the items to be discussed:

(a) Detailed procedures for the administration of the project,

(b) Identify the authorized representatives of the Government and the Contractor’s Superintendent(s),

(c) Contractor’s draft Construction Progress Schedule (Section F.4)

(e) Procedures for processing periodic pay estimates (Section G.5)

(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals (Section G.3)

(g) Requirements and procedures for preparing work schedules and reporting programs, (Section E.2)

(h) Procedures for equal opportunity compliance,

(i) Information on delivery of Government-furnished property (If Applicable).

G.6 Invoicing via IPP. The contractor awarded the resulting contract from this solicitation is required to submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/.

IPP Customer Support is available to assist users and can answer questions related to accessing IPP.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

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

Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

https://www.ipp.gov/ http://www.ipp.gov/ https://www.uscg.mil/fincen/IPP/

CEU JUNEAU 13 (FAC 2023-02/3-16-2023)

G.7 Payment for Material Delivered Off Site

As provided in, and subject to the requirements of, FAR 52.232-5(b)(1)-(2), payment for material acquired for incorporation into the project and stored off site by the Contractor, may, at the discretion of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials and be identified as "PROPERTY OF THE UNITED STATES, Project Name, and Contract Number." In addition, the Contractor shall furnish the Government with a right to ingress and egress to the property together with the right of removal. The Contractor shall remain liable for any loss, damage, or destruction of the materials until incorporated into the project or otherwise disposed of in accordance with Government instructions.

G.8 Government Representatives:

The Government may, upon contract award or thereafter, name representatives with titles such as Project Engineer, Contracting Officer’s Representative(s), Inspector(s), and so on. Such individuals will be named in writing by the Contracting Officer, with individual responsibilities set forth at that time.

In any event, no such named individual has the authority to issue any direction under this contract either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner.

In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.9 Contracting Officer’s Authority:

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

CEU JUNEAU 14 (FAC 2023-02/3-16-2023)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Bid Bond Requirement: FAR 52.228-1 Bid Guarantee (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be $1,000,000.00. This bid bond is applicable to the seed project, FY23 Paving-Polaris Ave/Cape St. Elias at Base Kodiak, AK.

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

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

(End of clause)

H.2 Performance and Payment Bond Requirements for Task Orders:

Securities to guarantee faithful performance of the contract and to guarantee payment to all persons supplying labor or materials in the performance of the contract shall be required for each task order in the amount specified in FAR Clause 52.228-13, Alternative Payment Protections, or FAR clause 52.228-15, Performance and Payment Bonds - Construction.

PERFORMANCE BOND (Standard Form 25) will be required as follows: 100% of total amount of contract.

PAYMENT BOND (Standard Form 25a) will be required as follows: 100% of total amount of contract.

Performance and payment bonds placed with a surety or sureties acceptable to the Government and in the amounts indicated shall be submitted within ten (10) calendar days after receipt of award and shall be maintained for the entire contract.

CEU JUNEAU 15 (FAC 2023-02/3-16-2023)

H.3 Job Superintendent:

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6. The contractor shall always provide a job superintendent on the site during task order performance.

H.4 Statement and Acknowledgment Form (SF 1413):

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR Clause 52.222-11 (MAY 2014) in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract. A copy of Form SF 1413 will be given to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

Form SF 1413 will be completed at the task order level.

H.5 Modification Proposals - Price Breakdown:

The contractor, in connection with any proposal made for a task order modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

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

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

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

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

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

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

CEU JUNEAU 16 (FAC 2023-02/3-16-2023)

H.6 Required Insurance:

(a) The contractor shall procure and maintain insurance during the entire period of performance under this contract, in accordance with Federal Acquisition Regulation Clause 52.228-5, INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (See Section I) and HSAR 3052.228-70, INSURANCE. FAR 28.307-2 states the following minimum amounts of liability:

MINIMUM COVERAGE REQUIRED

(1) Workers’ Compensation and Employer’s Liability - at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(2) General Liability. - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile Liability. - Automobile liability insurance written on the comprehensive form of policy of at least $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage.

(b) As evidence that the specified insurance has been obtained, the contractor shall furnish the contracting officer with a certificate of insurance. Such certificate shall be furnished prior to commencement of work and shall provide for thirty (30) calendar days written notice to the Contracting Officer.

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

H.9 Information Concerning Safety and Environmental

All work shall be performed in accordance with all applicable federal, state, and local safety and environmental laws and regulations.

CEU JUNEAU 17 (FAC 2023-02/3-16-2023)

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

I.2 Federal Acquisition Regulation (48 CFR CHAPTER 1) Clauses

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 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 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements TO INFORM Employees of

Whistleblower Rights (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 System for Award Management (OCT 2018) 52.204-9 Personnel Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-12 Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 Systems for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.215-2 Audit and Records-Negotiation (JUN 2020) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications

(JUN 2020)

52.215-12 Subcontractor Certified Cost or Pricing Data (JUN 2020) 52.215-15 Pension Adjustments and Asset Revisions (OCT 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

(JUL 2005)

http://www.arnet.gov/far/

CEU JUNEAU 18 (FAC 2023-02/3-16-2023)

52.216-22 Indefinite Quantity (OCT 1995) 52.217-5 Evaluation of Options (July 1990) 52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) 52.217-8 Option to Extend Services (NOV 1999) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2022) 52.219-14 Limitations on Subcontracting (OCT 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (MAR 2023) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act-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 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (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) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 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 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages Under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification & Material Safety Data (FEB 2021) ALT I (JAN 1995) 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 (MAY 2020) 52.223-17 Affirmative Procurement Of EPA-Designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-4 Patent Indemnity - Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997)

CEU JUNEAU 19 (FAC 2023-02/3-16-2023)

52.228-5 Insurance -Work on A Government Installation (JAN 1997) 52.228-11 Individual Surety-Pledge of Assets (FEB 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) 52.228-13 Alternative Payment Protections (July 2000) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction (JUN 2020) 52.229-3 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 Interest (MAY 2014) 52.232-23 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 Payment to Small Business Subcontractors (MAR 2023) 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 Structure, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Area (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, Alt I (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 (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) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Products and Services (MAR 2023) 52.245-1 Government Property (SEP 2021) 52.245-9 Use and Charges (APR 2012) 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 I (SEP 1996)

CEU JUNEAU 20 (FAC 2023-02/3-16-2023)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

I.3 Department of Homeland Security Regulation (HSAR) (48 CFR CHAPTER 30) CLAUSES

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) 3052.223-70 Removal or Disposal of Hazardous Substances - Applicable Licenses and Permits (JUNE

2006) If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 days after date of award.

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 (USCG) (DEC 2003) 3052.236-70 Special Precautions for Work at Operating Airports (DEC 2003) 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

I.4 In Addition to The Above Clauses Incorporated by Reference, The Following Clauses Are Applicable to The Solicitation and Resulting Contract:

52.204-1 Approval of Contract (DEC 1989) This contract is subject to the written approval of Senior Field Contracting Officer, Civil Engineering Unit Juneau and shall not be binding until so approved.

(End of Clause)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2023 through April 30, 2028.

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

(c) A delivery order or task order is considered "issued" when—

CEU JUNEAU 21 (FAC 2023-02/3-16-2023)

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,000,000.00

(2) Any order for a combination of items in excess of $4,000,000.00; or

(3) A series of orders from the same ordering office within seven days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at…