70FBR218R00000010_STT_Bunker_Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

FEMA REGION 02

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGION II

1 WORLD TRADE CENTER

FEMA R02

52ND FLOOR

NEW YORK NY 10007

Monique Park 202-279-0649

1x 03/16/2018

70FBR218R00000010

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

TITLE: DR-4340 FEMA ST THOMAS BUNKER RESTORATION

Description: Efforts for this requirement may include, but are not limited to, bunker interior wall repairs, electrical repairs, air conditioning repairs, and road repairs. Work may include disposal of hazardous waste materials.

Place of Performance: Charlotte Amalie West, St Thomas, United States Virgin Islands

The Government anticipates awarding a Firm Fixed-Price type contract.

The Period of Performance is a two (2) month Base Period.

Bid Guarantee is required (see FAR clause 52.228-1).

The Magnitude for this construction project ranges between $25,000 and $100,000.

This requirement is solicited under FAR Subpart 26.2 Disaster or Emergency

Assistance Activities, which provides a preference for local firms. Local for this disaster is a firm doing business in the territory of United States Virgin Islands.

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 60 calendar days and complete it within ________________ ________________ calendar days after receiving

Up to 15 days

03/21/2018

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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 within ____________________ 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.)

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FEMA REGION 02

FEDERAL EMERGENCY MANAGEMENT AGENCY

REGION II

1 WORLD TRADE CENTER

FEMA R02

52ND FLOOR

NEW YORK NY 10007

Perry Toomer

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70FBR218R00000010

See Sections L and M of this document for

Instructions and Evaluation of Proposals.

Questions are due no later than 12 PM (EST) on Monday, March 19, 2018. Answers will be posted on FedBizOpps.

Proposals are due no later than 12 PM (EST) on Wednesday, March 21, 2018.

All questions and proposals shall be submitted to Monique.park@fema.dhs.gov ;

jerraine.miller@fema.dhs.gov; and perry.toomer@fema.dhs.gov.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

INSTRUCTIONS TO OFFERORS

SUBJECT TO AVAILABILITY OF FUNDS

FEMA does not currently have funds available for this requirement, and the contract award is subject to final approval. However, the Agency anticipates the funds in time to make this award by March 23, 2018.

Set-Asides: Total 100% Small Business

Pursuant to FAR 26.202-2 -- Evaluation Preference, preference shall be given, to the extent feasible and practicable, to local firms of the United States Virgin Islands (USVI).

You must return:

1) SF 1442 (blocks 14-20 to be filled out by vendor – SECTION A).

2) A complete copy of the solicitation (SECTIONS B-M). The contractor is responsible to review the solicitation, as these provision, clauses and other information will be incorporated into the final contract. The vendor shall fill out what is required in the solicitation.

Lack of one or any of these may make your offer invalid and it may not be considered for award.

Please email your proposal to the address cited in SECTION L of this solicitation.

Table of Contents

SECTION A – SF 1442

SECTION B - SCHEDULE OF SUPPLIES/SERVICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES CONSTRUCTION

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION B - SCHEDULE OF SUPPLIES/SERVICES

The contractor shall provide all management, supervision, labor, supplies, materials, equipment, tools and transportation necessary to repair a bunker at 35 Mosquito Point on the island of St. Thomas. All work shall be performed in accordance with specifications/SOW (attached), and the clauses and provisions incorporated herein.

Item No. Description of Services Qty Unit Amount

0001 Office Bunker Restoration 1 Lot $________

0002 Generator Bunker Electrical Repair 1 Lot $________

0003 OPTION: Storage Bunker Restoration 1 Lot $________

0004 OPTION: Tool Bunker Restoration 1 Lot $________

GRAND TOTAL: $_______________________

(Insert Offer Amount in block 17, page 2, of SF-1442 as well).

*A detailed cost breakdown shall be submitted with your offer.

DUNS Number

Tax ID Number

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SEE ATTACHMENT J.1 STATEMENT OF WORK (SOW)

SECTION D - PACKAGING AND MARKING

D.1 NOT APPLICABLE

SECTION E - INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

CLAUSE NO. TITLE

52.246-12 Inspection of Construction (AUG 1996)

E.2 CONTRACTING OFFICER’S REPRESENTATIVE/TECHNICAL POC

A Contracting Officer’s Representative (COR) or a technical POC, for the purpose of representing the Contracting Officer and assuring contractor compliance with the contract requirements, may be appointed. Neither of these have authority to issue orders/directions which effect cost, money, or time. ONLY THE CONTRACTING OFFICER CAN DO THIS.

The COR or technical POC, is authorized to issue notices regarding noncompliance with contract requirements, and to stop work on any portion of the job if the contractor’s methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work.

E.3 FINAL INSPECTION

Final inspection, acceptance and cleanup of the project site are to be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer or the authorized representative.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 THE FOLLOWING CLAUSES ARE APPLICABLE TO THE RFP AND RESULTING

CONTRACT:

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

The Contractor shall be required to

(a) commence work under this contract within seven (07) 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 sixty (60) CALENDAR DAYS after the award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

FAR 52.211-13 – Time Extension (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PRE-CONSTRUCTION CONFERENCE

The Contractor, at no additional expense to the Government, shall attend a pre-construction conference at the site location on a date and time to be designated by the Contracting Officer, if needed by the parties.

See FAR Clause 52.236-26 incorporated by reference in Section I.

G.2 CONTRACT ADMINISTRATION

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, review and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

G.3 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer Name: Perry Toomer Phone: 770.220.5200 Email: perry.toomer@fema.dhs.gov

Contracting Officer’s Representative Name: May Chin Phone: 718.747.4632 Email: may.chin@fema.dhs.gov

Contracting Officer’s Representative (Alternate) Name: Mohammad Elmahmoud Phone: 202.714.9567 Email: Mohamad.Elmahmoud@fema.dhs.gov

G.4 INVOICE APPROVAL

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract: Authorized Invoice Approver:

Name: May Chin Title: Contracting Officer’s Representative Email: may.chin@fema.dhs.gov

Reference FAR 52.232-5 Payments Under Fixed-Price Construction Contracts for detail.

The Government shall pay the contractor partial monthly payments in installments according to the contractor’s submitted invoice, and Project Manager’s approval, progress and schedule. Prior to final payment, the contractor shall furnish the Contracting Officer a release of all claims against the Government under this portion of the contract other than such claims as the contractor may except by mailto:may.chin@fema.dhs.gov mailto:Mohamad.Elmahmoud@fema.dhs.gov mailto:may.chin@fema.dhs.gov description and stated amount of each claim. Biweekly progress payments will be processed only after the contractor meets with the Project Manager at the construction site and they mutually agree on the biweekly invoice amount. Up to ten percent of each invoice amount may be retained by the Government for what the Government perceives as lack of sufficient progress by the contractor or any subcontractor.

The Contractor will be notified of any such indication of insufficient progress prior to any funds being retainage. Additional funds may be withheld by the Government to ensure the correction of contract deficiencies. All original invoices shall be sent to the Contracting Officer whose name appears on the signature block of the contract, and a copy sent to the Project Manager.

G.5 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD

MANAGEMENT

In accordance with FAR Clause 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (JUL 2013), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.

For Registration Assistance:

SAM Customer Service Contact Information US Calls: 866-606-8220 International Calls: 334-206-7828 Websites: http://www.sam.gov

G.6 BILLING INSTRUCTIONS

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at https://www.gsa.gov/reference/forms#SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered.

The Contractor shall not be paid more frequently than on a biweekly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA-Finance-Vendor-Payments (FEMA-Finance-Vendor-Payments@fema.dhs.gov).

A copy of the voucher must be submitted electronically to the Contracting Officer and Contracting Officer’s Representative identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

G.7 DEFECTIVE INVOICES

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Name:

Title:

http://www.sam.gov/ https://www.gsa.gov/reference/forms#SF mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov

Phone Number:

Email:

G.8 INVOICE INSTRUCTIONS

The contractor shall submit a biweekly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions preparation instructions:

SF 1034

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."

(Name of Official) (Title)

(12) Quantity; Unit Price - insert for supply contracts.

(13) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.

SF 1035

The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.

The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:

• U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.

• Voucher Number - insert the voucher number as shown on the Standard Form 1034.

• Schedule Number - leave blank.

• Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.

• Number and Date of Order - insert payee's name and address as in the Standard Form 1034.

Articles or Services - insert the contract number as in the Standard Form 1034.

• Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).

• A summary of claimed current and cumulative goods and services delivered and accepted to date.

Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE

VIETNAM ERA (ALL CONTRACTORS HOLDING CONTRACTS OF $10,000 OR MORE)

All contractors holding federal contracts of $10,000 or more are required by federal regulation to report at least annually to the U.S. Department of Labor. Further information and necessary forms can be obtained by writing to: U.S. Department of Labor Office of Veterans' Employment & Training 649 Monroe St.

Montgomery, AL 36131-2279

H.2 REQUIRED BONDS

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

https://www.acquisition.gov/far/index.html

CLAUSE NO. TITLE

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUEST FOR BONDS (OCT 1995)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010)

The Contractor shall be required to furnish performance and payment bonds to the Contracting Officer, after award but prior to Notice to Proceed, as follows:

(1) Performance Bonds (Standard Form 25):

(a) The penal amount of performance bonds shall be 100 percent of the original contract price.

(b) The Government may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price.

(2) Payment Bonds (Standard Form 25-A):

(a) The penal amount of payment bonds shall equal 50 percent of the contract price.

(b) The Contractor shall furnish all executed bonds, including any necessary insurance agreements, to the Contracting Officer, within the time period specified in the Award Letter or otherwise specified by the Contracting Officer, but in any event, before starting work.

H.3 MODIFCATION 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

(v) Overhead; and https://www.acquisition.gov/far/index.html

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.4 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 and alternate shall be an employee of the prime contractor. This name of the superintendent shall be submitted to the Contracting Officer, in writing, before work commences.

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

SECTION I - CONTRACT CLAUSES CONSTRUCTION

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far/index.html

CLAUSE NO. TITLE

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-7 Anti-Kickback Procedures.

52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity.

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-13 System for Award Management Maintenance.

52.204-22 Alternative Line Item Proposal 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's

Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.215-8 Order of Precedence-Uniform Contract Format.

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

52.219-6 Notice of Total Small Business Set-Aside.

52.219-14 Limitations on Subcontracting. (See Note 2.)

52.219-28 Post-Award Small Business Program Re-representation.

52.222-1 Notice to the Government of Labor Disputes.

52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation 52.222-6 Construction Wage Rate Requirements.

52.222-7 Withholding of Funds.

52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees.

52.222-10 Compliance with Copeland Act 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination- Debarment.

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

52.222-14 Disputes Concerning Labor Standards.

52.222-15 Certification of Eligibility 52.222-17 Nondisplacement of Qualified Workers 52.222-21 Prohibition of Segregated Facilities.

https://www.acquisition.gov/far/index.html

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

52.222-26 Equal Opportunity.

52.222-27 Affirmative Action Compliance Requirements for Construction.

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately

Specified Method).

52.222-31 Construction Wage Rate Requirements--Price Adjustment (Percentage Method).

52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method).

52.222-50 Combating Trafficking in Persons.

52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order13706 52.223-3 Hazardous Material Identification and Material Safety Data.

52.223-6 Drug-Free Workplace.

52.223-11 Ozone- Depleting Substances and High Global Warming Potential

Hydrofluorocarbons.

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners.

52.223-15 Energy Efficiency in Energy-Consuming Products.

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

Contracts.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases.

52.227-1 Authorization and Consent.

52.227-4 Patent Indemnity- Construction Contracts.

52.229-3 Federal, State, and Local Taxes.

52.232-5 Payments under Fixed-Price Construction Contracts.

52.232-17 Interest.

52.232-18 Availability of Funds.

52.232-23 Assignment of Claims.

52.232-27 Prompt Payment for Construction Contracts.

52.232-33 Payment by Electronic Funds Transfer—System for Award Management.

52.232-39 Unenforceabilityof Unauthorized Obligations.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-5 Material and Workmanship.

52.236-7 Permits and Responsibilities.

52.236-8 Other Contracts.

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

Improvements.

52.236-10 Operations and Storage Areas.

52.236-11 Use & Possession Prior to Completion.

52.236-12 Cleaning Up.

52.236-13 Accident Prevention. Alt I 52.236-14 Availability and Use of Utility Services.

52.236-15 Schedules for Construction Contracts.

52.236-17 Layout of Work.

52.236-21 Specifications and Drawings for Construction.

52.236-26 Preconstruction Conference.

52.242-13 Bankruptcy.

52.242-14 Suspension of Work.

52.243-4 Changes.

52.243-5 Changes and Changed Conditions.

52.244-6 Subcontracts for Commercial Items.

52.245-1 Government Property.

52.246-21 Warranty of Construction.

52.249-10 Default (Fixed-Price Construction).

52.253-1 Computer Generated Forms.

I.2 THE FOLLOWING DEPARTMENT OF HOMELAND SECURITY ACQUISITION

REGULATION CLAUSES ARE HEREBY INCORPORATED

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

http://farsite.hill.af.mil/vmhsara.htm

CLAUSE NO. TITLE

HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) HSAR 3052.242-72 Contracting Officers Technical Representative (DEC 2003)

I.3 IN ADDITION TO THE ABOVE CLAUSE INCORPORATED BY REFERENCE, THE

FOLLOWING PROVISIONS AND CLAUSES ARE APPLICABLE TO THE RFP AND

RESULTING CONTRACT:

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

FAR 52.217-8 Option to Extend Services (NOV 1999)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at http://farsite.hill.af.mil/vmhsara.htm least 2 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 8 months.

(End of Clause)

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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

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

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

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

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-10 -- Notice of Buy American Requirement—Construction Materials (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.226-5 – Restrictions on Subcontracting Outside Disaster or Emergency Area. (Nov 2007)

(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

(End of clause)

52.228-1 -- Bid Guarantee (Sep 1996)

(a) 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 20 percent of the bid price or $3 million, whichever is less.

(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 Provision)

SECTION J - LIST OF ATTACHMENTS

The following listed attachments are a part of this solicitation and any resulting contract:

J.1 Statement of Work (SOW) J.2 SOW - Pictures J.3 Davis-Bacon Wage Rates J.4 Standard Form 25 (Performance Bonds) and Standard Form 25-A (Payment Bonds)

SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

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

This contract incorporates one or more provisions 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. 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/browsefar

CLAUSE NO. TITLE

52.236-28 Preparation of Proposal – Construction 52.225-25 Prohibition of Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-Representation and Certifications.

K.2 IN ADDITION TO THE ABOVE PROVISIONS INCORPORATED BY REFERENCE, THE

FOLLOWING PROVISION ARE APPLICABLE TO THE SOLICITATION AND RESULTING

CONTRACT:

FAR 52.204-8 Annual Representations and Certifications (Nov 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5M.

(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— https://www.acquisition.gov/browsefar

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

(iv) 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.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

(ix) 52.219-1,…