Solicitation 70Z03026QCLEV0038 - Replace and Modernize Sector NGL Front Entry.docx

TO ACCESS THE STANDARD FORM (SF) 1442, DOUBLE-CLICK ON ABOVE ICON.

AFTER OBTAINING THE SF 1442, CLOSE THE DOCUMENT AND CONTINUE SCROLLING DOWN FROM THIS POINT TO OBTAIN THE REMAINDER OF THE REQUEST FOR QUOTE (RFQ).

YOU MUST RETURN ONE (1) COMPLETE COPY OF THE ENTIRE SOLICITATION PACKAGE (SF-1442, AND SECTIONS B-M, PLUS THE REFERENCE SHEET). PLEASE MAIL YOUR QUOTE TO THE ADDRESS LISTED IN BLOCK 7 OF SF-1442.

DO NOT CALL TO INQUIRE IF YOUR BID HAS BEEN RECEIVED AS THIS INFORMATION WILL NOT BE RELEASED.PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Base Quote: Provide all necessary labor, material, equipment, supervision and transportation required for U.S. Coast Guard Sector Northern Great Lakes to replace and modernize secondary security enabled double doors, Sault Sainte Marie, MI 49783-9501.

All work shall be performed in accordance with the Statement of Work (19AUG2025) in Section J and the clauses and provisions incorporated herein.

Base Quote: $____________________________ (Please insert the bid amount in Block 17, SF-1442, Page 2).

NOTE: All quotes shall include taxes – no tax exemption certificate will be issued.

Note: Please insert your UEI and Taxpayer I.D. numbers below:

SAM Unique Entity ID:__________________

TAX ID NUMBER:________________________

CAGE CODE:______________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See the Statement of Work (Dated 19AUG2025) in Section J.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails etc. shall be marked with the solicitation number, 70Z03026PCLEV0038.

SECTION E - INSPECTION AND ACCEPTANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

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

SECTION F - DELIVERIES OR PERFORMANCE

A. FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES

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 60 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 0 weather days. The definition of weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor workday 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).”

To minimize interference with Coast Guard operations, utilize the following phasing sequence to accomplish contract work. Coordinate timing between successive phases with Coast Guard personnel to allow for necessary relocations.

There is no Phasing in this project.

F-2. FAR 52.211-10 Alternate I (Apr 1984)

Alternate I (APR 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 22April2026. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. DESIGNATED BILLING OFFICE AND INVOICE PROCEDURES

INVOICE SUBMISSION PROCEDURES (revised via modification - January 2022):

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Proper Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: Routing code is BASE-CLEV. Submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(13) For Travel: Components in accordance with FAR 31.205-46

(14) Invoice Total

(15) Discount Offerings

(16) Status as a Small Business (if applicable) for accelerated payment

(17) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(18) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:

(1) You will 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.

Actions to take:

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.

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 may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

1. 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

(2) The contractor must email the invoice and supporting documentation to include the invoice receipt generated by FINCEN from step (c)(1) above. Failure to email the invoice and supporting documentation to the following contacts may result in invoice rejection or delay in payment:

Contracting Officer: Timothy.G.Arnold@uscg.mil Contracting Specialist: Jennifer.L.Hipp@uscg.mil Project Point of Contact: Martin.M.Konopko@uscg.mil

(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) Contracting Order Number: 70Z03026PCLEV0038

(2) Advance Copy of Invoice: Sent to KO and Project POC

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

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

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by 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;

(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.

F. The contract states that all progress and final payments are processed on a 30-day payment schedule. (However, in accordance with the OMB Memo M-11-32 “Accelerating Payments to Small Businesses for Goods and Services”, the Coast Guard shall make payments as soon as practicable, or within 15 days after receipt of a proper invoice, whichever is sooner, provided that all proper documentation is received. Establishment of this policy does not change the application of the Prompt Payment Act’s late payment interest penalty provisions. The Coast Guard shall not pay interest penalty if it makes the payment after 15 days, but not later than 30 days, unless otherwise agreed upon.)

G-2. NOTE: This contract incorporated 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 System for Award Management (SAM) accessed through https://www.sam.gov

The Unique Entity ID (generated by SAM.gov) is the primary identifier in System for Award Management (SAM). Contractors are located and identified in SAM by their Unique Entity ID. Therefore, the Unique Entity ID shall be inserted recorded on every invoice submitted to the U. S. Coast Guard.

G-3. CORRESPONDENCE

All correspondence, emails, invoices, etc. shall be sent directly to the address below. The Contract Specialist shall also be “copied” on all emails or other correspondence pertaining to the contract.

NOTE: The contract number, 70Z03026PCLEV0038, shall appear in the subject line of all correspondence and emails.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is between $25K and $100K

H-2. REQUIRED BONDS.

Quotes exceeding $150,000.00 require a Bid Bond.

Awards exceeding $35,000.00 but not exceeding $150,000.00: Within TEN days from the receipt of the Notice of Award the Payment Bond is required at 100% of the award amount.

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. Performance and Payment Bond Forms will be provided with the "Notice of Award."

Standard Form (SF) 24, Bid Bond (Rev. 10-98), can be accessed 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, Insurance - Work on a Government Installation. (JAN 1997) 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 “Comply with applicable Federal and State worker’s compensation and occupational disease statutes.”

Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury $500,000 per occurrence Automobile Liability

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

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--

(i) Material

(ii) Labor

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead and Profit

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, 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 TEN DAYS from issuance of the initial Notice to Proceed letter.

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

Recycled Products are described at: http://epa.gov/cpg Biobased Products are described at: http://www.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 Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the Contracting Officer for resolution.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 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 they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES:

52.203-5 Covenant Against Contingent Fees. (May 2014) 52.203-7 Anti-Kickback Procedures. (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Jun 2020) 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) 52.204-9 Personnel Identity Verification of Contractor Personnel (Jan 2011).

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

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020).

52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025) 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020).

52.219-14 Limitations on Subcontracting (Oct 2022). (15%) 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2023).

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238290 assigned to the provided contract.

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

Authorized signature/title Date

52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014).

52.222-8 Payrolls and Basic Records (MAY 2014).

52.222-9 Apprentices and Trainees (JUL 2005) (DEVIATION FEB 2025) 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).

52.222-27 Affirmative Action Compliance Requirements for Construction

(APR 2015).

52.222-50 Combating Trafficking in Persons. (Nov 2021) 52.222-50 Alternate I (Mar 2015) 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) 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) 52.223-23 Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) 52.227-17 Rights in Data -- Special Works (Dec 2007) 52.228-2 Additional Bond Security (OCT 1997).

52.228-11 Pledges of Assets (JAN 2012).

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

52.228-13 Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

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

52.228-15 Performance and Payment Bonds - Construction (OCT 2010).

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

52.232-18 Availability of Funds (APR 1984).

52.232-23 Assignment of Claims (MAY 2014).

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

The due date for making PROGRESS AND FINAL PAYMENTS shall be 30 days after receipt of a proper payment request by the designated billing office.

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(Mar 2023) 52.233-3 Protest after Award. (Aug 1996) 52.233-3 Alternate I (June 1985) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.236-2 Differing Site Conditions (APR 1984). (Mar 2023) 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) Alt. I (APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.242-14 Suspension of Work (APR 1984) 52.243-5 -- Changes and Changed Conditions. (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Jun 2023) 52.246-21 Warranty of Construction (MAR 1994).

52.248-3 Value Engineering--Construction (OCT 2015).

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984).

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations.

I-2. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION

(48 CFR, CHAPTER 30 CLAUSES):

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).

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

The contractor shall complete the following:

The Contractor certifies that it has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

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: ___________________________________________________

3052.242-72 Contracting Officer’s Technical Representative (DEC 2003).

I-3. FAR 52.225-9 Buy American -Construction Materials (MAY 2014).

(a) Definitions. As used in this clause-

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

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102(4)), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

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

“Domestic construction material” means--

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

(2) A construction material manufactured in the United States, if –

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

(ii) The construction material is a COTS item.

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

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

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

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

_______________________________ None_________________________________ [Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

____________________________________________________________________ FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON Construction Material Unit of Price Description Measure Quantity (Dollars)* Item 1:

Foreign construction material ________ _________ __________ Domestic construction material ________ _________ __________ Item 2 Foreign construction material ________ __________ __________ Domestic construction material ________ __________ __________ (List name, address, telephone number, and contact for suppliers surveyed.

Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

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

I-4. HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH

CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

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

(b) Definitions. As used in this clause:

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

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

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

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

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

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

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

PART III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J-1. Construction Wage Rate Requirements.

J-2. Statement of Work or Performance Work Statement.

J-3. Request for Information (RFI) Sheet.

NOTE: All questions pertaining to this solicitation shall be submitted on the Request for Information (RFI) form by Email to the Contracting Specialist Jennifer L. Hipp at Jennifer.L.Hipp@uscg.mil. All RFIs must be received in this office not later than 05 working days prior to the quote closing.

J-4. Reference Information Sheet.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K-1. FAR 52.204-8 Annual Representations and Certifications (JAN 2018)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290.

(2) The small business size standard is $22.0M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] _x_ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.sam.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K-2. 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Jun 2020)

(a) Definitions. As used in this provision- Person—

(1) Means–

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other…