Solicitation (Sections B - M) Clauses.pdf

70Z08720RPJT93500

SECTION B SUPPLIES OR SERVICES AND PRICES

See Solicitation, Offer (Standard Form 1442)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

All work shall be performed in accordance with the following documents:

Wage Determination General Decision Number: AK20200001 dated 01/31/2020 Statement of Work (with REF A, REF B and REF F)

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

a. 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 practices for commercial packaging.

b. Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

E.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 addresses: https://www.acquisition.gov/browse/index/far

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY INCORPORATED:

CLAUSE NO. TITLE:

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 U.S. COAST GUARD INSPECTION/ACCEPTANCE

Coast Guard inspection and acceptance under this contract will be accomplished by the Contracting Officer's Representative designated in writing by the Contracting Officer.

SECTION F - DELIVERIES/PERFORMANCE

F.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 addresses: https://www.acquisition.gov/browse/index/far

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY INCORPORATED:

FAR 52.242-14 Suspension of Work (APR 1984) https://www.acquisition.gov/browse/index/far

SECTION F - DELIVERIES/PERFORMANCE

F.2 PERIOD OF PERFORMANCE

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER AWARD

DATE OF RECEIPT

001 For the Job 150 Calendar Days

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

a. Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only individual authorized to make changes to a contract.

b. The Contract Administrator for this procurement action is: Tracianne Torklep, Contract Specialist, U.S. Coast

Guard, CEU Juneau (Det. Seattle).

c. The Contracting Officer for this procurement action is: Heather Brubeck, U.S. Coast Guard.

d. All correspondence including modification proposals, extension requests, and contract submittals shall be submitted to the Contract Administrator via email as follows: tracianne.torklep@uscg.mil .

Office Hours: 8:00 A.M. to 4:00 P.M. Pacific Standard Time Monday thru Friday (Except Federal Holidays)

NOTE: Include Contract Number on all correspondence.

i. The Contracting Officer's Representative (COR) will be designated at time of award. The specific duties, authority and responsibility of the COR will be furnished to the Contractor after award in accordance with contract clause HSAR 3052.242-72 in Section I.

mailto:tracianne.torklep@uscg.mil

SECTION G - CONTRACT ADMINISTRATION DATA

G.2 INVOICES – INSTRUCTION REQUIREMENTS (FIRM FIXED-PRICE)

a. Invoices shall be prepared and submitted in accordance with the provisions of FAR Clauses 52.232-5, Payments Under Fixed-Price Construction Contracts (MAY 2014) and FAR 52.232-27, Prompt Payment for Construction Contracts (MAY 2014).

b. Invoices shall be submitted for payment to the U.S. Coast Guard Finance Center website below:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Electronic submission of invoices is MANDATORY for this contract and/or any orders issued in accordance with this contract.

Contractor must also submit a copy of the invoice and any supporting documentation according to detailed invoicing instructions (supplied at time of award), as well as what is listed below.

INVOICING Instructions (Revised May 2019)

(a.) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contracting Officer

(3) Invoice Routing Code (IRC): CEU-JUN

(4) DUNS number

(5) Invoice number

(6) Invoice date

(7) Line item number (Ex. 0001, 0002) and associated amount invoicing for each

(8) Phone number and email contact for inquiries or issues

(9) Company information (identical to information in SAMS)

(10) (**NEW**) Include the REQUISITION/REFERENCE NO. typically in Block 4

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

PLEASE NOTE THAT IF ANY OF THIS INFORMATION IS MISSING OR THE IRC IS INCORRECT THE

INVOICE MAY BE REJECTED AND THE CONTRACTOR REQUESTED TO SUBMIT A CORRECTED

INVOICE.

(b.) The Coast Guard (IRC) for this contract and all delivery/task orders is: CEU Juneau (CEU-JUN)

(c.) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(d.) To facilitate processing, all proper invoices with supporting information which are submitted electronically, using the FINCEN web based invoice submission capability, must be submitted as a single Adobe.pdf formatted file.

(e.) A courtesy copy of the invoice with supporting documentation shall also be e-mailed to the Contracting Officer (and

COR).

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

(1) On the later of:

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

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Timothy.D.Cowley@uscg.mil mailto:Renea.O.Reddish@uscg.mil mailto:Renea.O.Reddish@uscg.mil http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

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

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

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

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

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

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

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

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

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

c. The contractor may invoice monthly for progress payments as the work proceeds. All invoices for progress payments shall be accompanied by a Contractor Certification as identified in FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, paragraph (c) and the information required by paragraph (b)(1)(i)- (v).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INFORMATION CONCERNING SAFETY AND ENVIRONMENTAL

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

H.2 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

Whether performing work on a military installation or not, Contractor must be familiar with and obey established fire, safety, environmental and security regulations.

(a) Security Passes: Contractor personnel shall obtain security passes from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid driver’s license, birth certificate or company ID card to be issued a security pass.

Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the Contracting Officer’s Representative (COR).

(b) Hazardous Materials: The Contractor shall provide the Government with a list of all hazardous materials to be used in the performance of this project and ensure Materials Safety Data Sheets (MSDS) are available at the work site for all hazardous materials used. The Contractor shall immediately contain and clean up the release or spill of a hazardous material and report the incident to the COR or the Environmental Technician.

(c) Protection of Property: The Contractor shall protect the existing surrounding equipment, personal belongings and property during the course of this work. Any damage caused by the Contractor shall be corrected at the Contractor’s expense. The Contractor will be responsible for repair of any damage incurred to turf, landscaping, buildings, utilities or pavement as a result of his work at no additional cost to the government.

(d) Cleanup: The Contractor shall keep the work areas, including storage areas, free from accumulations of waste materials on a daily basis and comply with all federal, state and local regulations pertaining to the storage, transport and disposal of wastes. Contractor shall not use Coast Guard waste disposal facilities including garbage cans, trash piles or dumpsters, unless given authorization by the COR for a specific task.

H.3 WAGE RATES - Applicable Davis Bacon Wage Determination https://www.fincen.uscg.mil/secure/payment.htm

H.4 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect There to, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

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 addresses:

1. https://www.acquisition.gov/browse/index/far

2. https://www.dhs.gov/acquisition-policies-regulations

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE HEREBY INCORPORATED:

FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-8 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (MAY 2014) FAR 52.203-17 Contractor Employee Whistleblower Rights and Regulations to Inform Employees of Whistleblower Rights (Apr 2014) (DHS-USCG Deviation 14-01)

FAR 52.204-7 Systems for Award Management (JUL 2013) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984), Alternate 1 (Apr 1984)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)

FAR 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontractor Effort (Oct 1997)

FAR 52.222-6

FAR 52.222-7

Construction Wage Rate Requirements (MAY 2014)

Withholding of Funds (MAY 2014)

FAR 52.222-8

FAR 52.222-9

FAR 52.222-10

FAR 52.222-11

Payrolls and Basic Records (MAY 2014)

Apprentices and Trainees (JUL 2005)

Compliance with Copeland Act Requirements (FEB 1988)

Subcontracts (Labor Standards) (MAY 2014)

FAR 52.222-12

FAR 52.222-13

Contract Termination-Debarment (MAY 2014)

Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

FAR 52.222-14

FAR 52.222-15

FAR 52.222-26

Disputes Concerning Labor Standards (FEB 1988)

Certification of Eligibility (MAY 2014)

Equal Opportunity (APR 2015) https://www.dhs.gov/acquisition-policies-regulations

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

FAR 52.222-50

FAR 52.223-18

FAR 52.222-35

FAR 52.222-36

Combatting Trafficking in Person (JAN 2019) Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

Equal Opportunity for Veterans (JUL 2014)

Affirmative Action for Workers with Disabilities (JUL 2014)

FAR 52.222-37

FAR 52.222-50

Employment Reports On Veterans (JUL 2014)

Combating Trafficking in Persons (MAR 2015)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

FAR 52.223-5

FAR 52.223-18

Pollution Prevention and Right-to-Know Information (MAY 2011) Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

FAR 52.225-9 Buy American - Construction Material (MAY 2014)

Note: If the offeror intends to provide foreign made materials, this clause must be completed and submitted with the quote. For the full text of the clause, please contact the Contracting Officer identified in Paragraph G.1 b. or access the full text at the following electronic address: https://www.acquisition.gov/browse/index/far

FAR 52.225-13

FAR 52.226-1

FAR 52.227-1

FAR 52.227-4

FAR 52.228-2

FAR 52.228-11

FAR 52.228-12

FAR 52.228-14

FAR 52.232-5

FAR 52.232-8

FAR 52.232-23

FAR 52.232-27

FAR 52.232-33

FAR 52.233-1

FAR 52.233-3

FAR 52.233-4

FAR 52.236-2

FAR 52.236-3

FAR 52.236-5

FAR 52.236-6

FAR 52.236-7

FAR 52.236-8

FAR 52.236-9

FAR 52.236-11

FAR 52.236-12

FAR 52.236-13

FAR 52.236-14

FAR 52.236-15

Restrictions on Certain Foreign Purchases (JUN 2008)

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (JUN 2000)

Authorization and Consent (DEC 2007)

Patent Indemnity – Construction Contracts (DEC 2007)

Additional Bond Security (OCT 1997)

Pledges of Assets (JAN 2012)

Prospective Subcontractor Requests for Bonds (MAY 2014)

Irrevocable Letter of Credit (NOV 2014)

Payments Under Fixed-Price Construction Contracts (MAY 2014)

Discounts for Prompt Payment (FEB 2002)

Assignment of Claims (MAY 2014)

Prompt Payment for Construction Contracts (MAY 2014)

Payment by Electronic Funds Transfer – Central Contractor Registration (JUL 2013)

Disputes (MAY 2014)

Protest After Award (AUG 1996)

Applicable Law for Breach of Contract Claim (OCT 2004)

Differing Site Conditions (APR 1984)

Site Investigation and Condition Affecting the Work (APR 1984)

Material and Workmanship (APR 1984)

Superintendence by the Contractor (APR 1984)

Permits and Responsibilities (NOV 1991)

Other Contracts (APR 1984)

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

Use and Possession Prior to Completion (APR 1984)

Cleaning Up (APR 1984)

Accident Prevention (NOV 1991)

Availability and Use of Utility Services (APR 1984)

Schedules for Construction Contracting (APR 1984)

CLAUSE NO. TITLE

FAR 52.236-17 Layout of Work (APR 1984)

FAR 52.236-21 Specifications & Drawings For Construction, Alternate II (APR 1984)

Upon completing the work under this contract, the Contractor shall furnish 2 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

FAR 52.236-26

FAR 52.236-27

FAR 52.243-5

FAR 52.243-5

FAR 52.244-6

FAR 52.246-21

FAR 52.249-1

FAR 52.249-10

Preconstruction Conference (FEB 1995)

SiteVisit (Construction) (FEB 1995)

Preparation of Proposals – Construction (OCT 1997)

Changes and Changed Conditions (APR 1984)

Subcontracts for Commercial Items (APR 2015)

Warranty of Construction (MAR 1994), Alternate I (APR 1984)

Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

Default (Fixed-Price Construction) (APR 1984)

THE FOLLOWING DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION CLAUSES

ARE HEREBY INCORPORATED

CLAUSE NO:

3052.209-70

3052.215-70

3052.222-70

3052.222-90

3052.223-70

3052.223-90

3052.228-70

3052.242-71

3052.242-72

TITLE:

Prohibition on Contracts with Corporate Expatriates (JUN 2006)

Key Personnel or Facilities

Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003)

Local Hire (JUN 2006)

Removal or Disposal of Hazardous Substances–Applicable Licenses and Permits (JUN 2006)

Accident and Fire Reporting (DEC 2003)

Insurance (DEC 2003)

Dissemination of Contract Information (DEC 2003)

Contracting Officer’s Technical Representative (DEC 2003)

I.1 52.225-9 Buy American – Construction Materials (MAY 2014)

I.2 52.244-6 Subcontracts for Commercial Items (MAR 2015)

(a) Definitions. As used in this clause---

"Commercial item," as used in this clause, has the meaning contained in the clause at 52.202-1, Definitions.

"Subcontract," includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items.

(i) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and

(3), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246);

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (JUL 2014) (38 U.S.C. 4212(a);

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C.

793); and

(v) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (FEB

2006) (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

SECTION J - LIST OF ATTACHMENTS

J.1. General Decision Number AK20200001 (dated 01 31 20) J.2. Statement of Work J.3. Justification for Brand Name component parts (Allen Bradley PLC) to Meet standardized compatibility with existing SCADA system providing life safety VHF communications

SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 FAR 52.204-8 Annual Representations and Certifications (JAN 2017)

(a) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

The small business size standard is $15M.

(b) The offeror has completed the annual representations and certifications electronically via the Systems for Award Management website at http://www.beta.sam.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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.

(End of provision)

K.2 FAR 2.204-19 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.

(End of clause)

K. 3 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far

(End of Provision)

FAR Clause # Change http://www.beta.sam.gov./

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY INCORPORATED:

PROVISION NO.

FAR 52.204-3

FAR 52.204-8

FAR 52.204-16

FAR 52.204-17

FAR 52.222-21

TITLE:

Taxpayer Identification (OCT 1998)

Annual Representations and Certifications (JAN 2017)

Commercial and Government Entity Code Reporting (JUL 2016)

Ownership or Control of Offeror (JUL 2016)

Prohibition of Segregated Facilities (APR 2015)

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

FAR 52.223-1 Biobased Product Certification (DEC 2007)

FAR 52.226-3 Disaster or Emergency Area Representations (AUG 2006)

(End of Provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:

1. https://www.acquisition.gov/browse/index/far

2. https://dhsonline.dhs.gov/portal/jhtml/dc/sfi.jhtml?doid=5855

THE FOLLOWING FEDERAL ACQUISITION REGULATION PROVISION IS HEREBY INCORPORATED:

PROVISION NO. TITLE:

FAR 52.225-12

FAR 52.232-38

Notice of Buy American Act - Construction Materials under Trade Agreements (MAY 2014)

Submission of Electronic Funds Transfer Information With Offer (MAY 1999) https://dhsonline.dhs.gov/portal/jhtml/dc/sfi.jhtml?doid=5855

SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

NO CORRECTIONS AND/OR CHANGES ARE ALLOWED AFTER SUBMISSION OF PROPOSAL

L.1 FAR 52.216-1 TYPE OF CONTRACT

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation

L.2 A site visit prior to proposal deadline is not available.

L.3 SUBMISSION OF PROPOSAL(S) and ACKNOWLEDGING AMENDMENTS (a.) Offerors shall submit proposals, in response to this solicitation, by completing the following information:

1. Solicitation / Contract Form (Standard Form 1442) completing blocks 14 – 19 and 20 (a-c)

2. In the Contract Clause Section: Section K

(b.) Proposals shall be submitted on or before the deadline indicated in Block 10 of Standard Form 1442.

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS OF AWARD

The award will be made to the lowest total priced responsive Offeror. Offeror must be a small business with an office located in Alaska.

M.2 LEGAL EFFECT OF PROPOSALS

(a) A proposal is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of a Purchase Order in response to a contractor ’s proposal does not establish a contract. The purchase order is an offer by the Government to the contractor to purchase construction services upon specified terms and conditions. A contract is established when the contractor accepts the offer or begins performance.

(b) Normally acceptance of the offer is made in writing by the contractor by signing and returning a copy of the Purchase Order (See Section M.3).

M.3 AWARD

(a) The US Coast Guard will award this contract at a fair market price. Price reasonableness will be used in accordance with the Federal Acquisition Regulation.

(b) Award may be made without discussion of proposals received. Hence, proposals shall be submitted on the most favored terms from a price whereby the offeror can submit to the Government. Award will be made based on the lowest quoted price - received in writing from a responsible offeror if the Contracting Officer determines that the price is reasonable.

(c) Award shall be made by emailing furnishing a properly executed purchase order to the successful awardee accepting the provided proposal. The US Coast Guard will require the awardee to accept the purchase order consistent with the provisions of FAR 13.302-3, Obtaining Contractor Acceptance and Modifying Purchase Orders, prior to undertaking performance. The contractor will be required to submit to the Contracting Officer, within seven (7) days of notice of selection for award, a signed copy of the purchase order form, OF347, accepting the purchase order. The Coast Guard may, by written notice to the awardee, at any time before acceptance occurs, withdraw, amend, or cancel its offer.

(d) The US Coast Guard may, by written notice of the awardee, at any time before acceptance occurs, withdraw, amend or cancel its offer.