NYAC Incinerator AG-32KW-S-09-0206.doc

Solicitation No. AG-32KW-S-09-0206

Section C

Section C – Description/Specifications

1.0 CONTRACT PROJECT:

1.1 Title: Modernization for USDA-APHIS, Veterinary Services (VS), New York Animal Import Center (Plan C-C4) Incinerator Refurbishments

1.2 Location:

USDA New York Animal Import Center

474 International Blvd

Rock Tavern, New York 12575

1.3 Project Background: The New York Animal Import Center (NYAIC) opened in 1980 to facilitate the importation of livestock, poultry, exotic birds and zoo animals into the United States through the Port of New York. It is also the principal Facility in the United States for examining, testing and isolating imported animals to assure that they are free of disease and parasites harmful to American livestock and poultry. Operational expenses are recovered in full by fees that are collected from the users of this Facility.

Since the establishment of the NYAIC in 1980, many buildings and infrastructures had shown moderate to severe deterioration as identified during a previous Facility Condition Assessment (FCA) conducted by Vanderweil Facility Advisors (VFA). VFA prepared a report and identified their assessment of the entire campus. This assessment was later turned into a full blown design which was done by STV, Inc. and identified as Contract 1 of 4. Construction services under Contract 1 are currently on-going with an estimated completion date of September 30, 2008.

1.4 Project Description: Construction Services are needed for the tasks identified in the STV Final Design Documents under Contract 4 Incinerator Refurbishments. These documents address the long term refurbishment for the two incinerators in Incinerator Building #4. These repairs shall include but not be limited to installing new refractory linings with a combination of a 4.5 inch firebrick and new castable refractory; installation of new loaders with new loading ram hydraulic cylinders; installation of new relocated guillotine door hydraulic cylinders; installation of new stack roof flashings; installation of new solid-state control and instrumentation systems with recording capabilities; installation of new tee section on Unit 2 stack to mount the draft damper; install new motorized draft control dampers; and other miscellaneous repairs. Other services shall include preparation of a new operating manual and certified operator training and installation of a new floor scale and instituting a hand log or electronic log procedure.

1.5 Project Data: An advance copy of the STV 100% design documents dated July 31, 2008 has been provided. STV Final Design Documents will be forthcoming upon completion.

2.0

PROJECT CONTACT PERSONS:

2.1 Contracting Officer (CO):

Martha Garza

Contracting Officer

USDA, APHIS, ASD, ESB

22675 N. Moorefield Rd.

Moore Air Base, Bldg 6407

Tel. No.: 956-205-7604

Fax No.: 956-205-7631

E-mail: Martha.garza@aphis.usda.gov

2.2 Engineering Project Manager (EPM):

Keith O’Brien

USDA, APHIS, ASD, ESB

4700 River Road, Unit 115

Riverdale, MD 20737 - 1238

Tel. No.: (301) 734-5505

Fax No.: (301) 734-4846

E-mail: keith.m.obrien@aphis.usda.gov

2.3 Program Manager (PM):

Dr. Rosemary Sifford

USDA APHIS VS

920 Main Campus Drive, Suite 200

Raleigh North Carolina 27606

Tel No.: 919-855-7259

Fax No.: 919-855-7278

Email: Rosemary.Sifford@aphis.usda.gov

2.4 Program Project Manager (PPM):

Mr. Thomas Smith

USDA,APHIS,VS

474 International Blvd

Rock Tavern, New York 12575

Tel. No.: (845) 564-2950

Fax No.: (845) 564-1075

Email: Thomas.W.Smith@aphis.usda.gov 2.5 Facility Director (FD):

Dr. Kenneth Davis

USDA, APHIS, VS

474 International Blvd

Rock Tavern, New York 12575

Tel. No.: (845) 564-2950

Fax No.: (845) 564-1075

Email: Kenneth.s.davis@aphis.usda.gov

2.6 USDA APHIS Security Specialist

Mr. Christian Lee

USDA, APHIS, Eastern Region Security Specialist

920 Main Campus Drive

Suite 200

Raleigh, NC 27606

Phone: 919-855-7012

Fax: 919-855-7030

Email: Christian.H.Lee@aphis.usda.gov

2.7 USDA APHIS Safety and Health Staff:

Mr. Peter Petch

USDA, APHIS, MRPBS, ESD, SHEWB

4700 River Road, Unit 124

Riverdale, MD 20737

Phone: 301-734-5383

Fax: 301-734- 7828

Email: Peter.a.petch@aphis.usda.gov 2.8 USDA, APHIS Environmental Protection Specialist:

Mr. Thomas Franklin

4700 River Road, Unit 124

Phone: 301-734-5577

Fax: 301-734- 7828

Email: Thomas.E.Franklin@aphis.usda.gov

2.9 USDA APHIS Telecommunications Staff:

Mr. John Brinsko

USDA, APHIS, Eastern Region Telecommunications Specialist

4700 River Road, Unit 104

Phone: 301-734-7651

Fax: 301-734-7965

Email: J.Brinsko@aphis.usda.gov 2.10 STV Corporation. (A/E) Designer of Record

Mr. John Kapusnik

205 West Welsh Drive

Douglassville, PA 19518

Phone: 610-385-8200

Fax: 610-385-8501

Email: John.Kapusnick@stvinc.com

3.0 Scope of Services:

3.1 Construction Services: Construction Services shall be provided per the Final Design Drawings and Specifications developed by STV. A pre-award meeting will be held near or at the job site with the Program Staff, the EPM, STV, and the Construction Contractor/Subcontractors to make sure that everyone has a clear understanding of the contract tasks prior to award.

A list of subcontractors shall be submitted to the project team prior to the notice to proceed along with resumes of the assigned Project Manager and the Alternate Superintendent. All submittals shall be sent to and received by the reviewing officials within the first 45 days after the notice to proceed. All approved submittals requiring ordering of materials and or equipment shall be done such that receipt and installation occurs within the construction period. All work shall be certified and an official “Certificate of Inspection” shall be submitted at the completion of work along with a copy of the as-built drawings and warranties as indicated in the Submittal Quantities Section.

3.2 General Requirements: Construction Services shall be performed strictly as required by the rules, regulations, standards, codes, ordinances and laws of Local, State and Federal Governments and all other authorities that have legal jurisdiction over the site. Construction Services shall comply with the latest edition of the International Building Code (IBC).

4.0 PROJECT SCHEDULE:

4.1 Project Schedule Submittal: The schedule provided indicates project requirements for each submission stage. It is provided for negotiations with the Contractor for setting contract time requirements for meeting contract submissions and construction deadlines.

Pre-award Meeting

2 days

Preconstruction Meeting

15 to 30 days after Award

Notice to Proceed

5 days (within)

Progress Schedule Submittal

14 days

Construction Period

210 days

As-built drawings/Warranties

Closeout

Total

289 days

5.0 SUBMITTALS

5.1 Submittal Quantities:

Contracting Officer:

1 copy

Contracting Officer’s Representative 1 copy

AE-Designer of Record

5 copies

Engineering Project Manager:

2 copies

Program Project Manager:

2 copies

5.2 Final Turnover:

As-built Drawings/Warranty

Contracting Officer:

1 copy, and computer disk

Contracting Officer’s Representative:

AE-Designer of Record:

Program Project Manager:

2 copies, and computer disk

Engineering Project Manger:

Section D

Section D - Packaging and Marking

No Clauses Are Included in This Section

Section E

Section E - Inspection and Acceptance

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

This contract incorporates one or more clauses by reference, with the same force and effect as if 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): http://www.arnet.gov/far

(End of clause)

I.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52.246-12

Inspection of Construction

APR 1996

E.2 452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

Section F

Section F - Deliveries or Performance

F.1 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if 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): http://www.arnet.gov/far

(End of clause)

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52.242-14

SUSPENSION OF WORK

APR 1984

F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 289 calendar days after issuance of the Notice to Proceed. This time period (289 calendar days) also includes the design portion of the project. Depending upon the design phase, the period of performance may require adjustments. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.3 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from date of award through 289 calendar days total. The notice to proceed will be issued for the construction portion of the project, after the approval of the design portion of the project. The time period of 289 calendar days also includes the design portion of the project. Depending upon the design phase, the total calendar days for project period of performance may require adjustments.

(End of Clause)

Section G

Section G - Contract Administration Data

G.1

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) for this project will be designated on or about the date of contract award.

G.2

CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

(a) Within 14 calendar days after the date of receipt of the Notice to Proceed, the Contractor shall prepare and submit an original APHIS Form 38, Construction Progress and Payment Schedule. This Schedule shall first be submitted to the Contracting Officer’s Representative (COR) for approval. After approval by the Contracting Officer, a copy of the approved schedule will be returned to the Contractor and the COR for their file. This file will serve as a Schedule of Estimates, Progress Schedule; and when used with APHIS FORM 39-R, Contractor’s Request for Payment, it will be used as a basis for requesting progress payments. The values employed in making the schedule will be used only for determining progress payments and will not be considered as fixing a basis for additions to or deductions from the contract.

(b) Samples of both APHIS Forms 38 and 39-R are made part of this package. A small supply of these forms will be given to the Contractor with his Notice to Proceed. Additional copies will be made available from the Contracting Officer upon request.

(c) APHIS Form 38 is required even when progress payments are not requested.

(d) Release From Claims: Upon satisfactory completion of all work under this contract, the Contractor shall furnish a “release of claims” to the Government arising under and by virtue of the contract. The Contractor shall complete and submit with his final billing a statement using the following language:

“For and in consideration of the receipt of final payment in the amount of $ ________________ under and pursuant to Contract Number ________________, the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract”.

G.3

BENEFICAL OCCUPANCY/SUBSTANTIAL COMPLETION AND ACCEPTANCE

Attachments 7 and 8 will be used to request and then document substantial completion and acceptance when all contract requirements are complete. The Government may execute substantial completion of the project incrementally for discrete/severable portions of the project.

G.4

SUBCONTRACTOR/VENDOR LIST

On a monthly basis, the contractor will be required to provide a list of subcontractors and vendors utilized for the project. Upon completion by each subcontractor or vendor, a release of claims is to be obtained and a copy provided to the COR.

G.5

CONTRACT CHANGE FORMAT

The provisions of Changes Clause (FAR 52.243-4), or Changes and Changed Conditions (FAR 52.243-5), as applicable, are to be adhered to for submittal of request for changes/change order.

See attachment 5. All change order requests shall address cost and schedule so that an informed decision can be made regarding its approval or disapproval.

G.6

DEFINITIONS

Substantial Completion – the stage in construction when a project or designated portion thereof, has reached a state of completion which would permit the occupancy and/or use of the facility by the Department of Agriculture for its intended function. Unless otherwise indicated, the date of Substantial Completion, as acknowledged by the Government, is also the date of commencement of all warranties and guarantees required by the contract documents.

Section H

Section H - Special Contract Requirements

H.1 52.236-14 Availability and Use of Utility Services. (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Electricity and water should be available at the facility. Contractor is required to conserve utilities.

H.2 452.224-70 Confidentiality of Information. (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.3 452.228-71 Insurance Coverage. (NOV 1996) -- Alternate I (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance required in the amount of $1,000,000.00 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.4 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996)

Neither the Contractor nor any subcontractors performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

H.5 452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.6 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.7 452.236-76 Samples and Certificates. (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.8 452.237-75 Restrictions Against Disclosure. (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Section I

PART II – CONTRACT CLAUSES

Section I - Contract Clauses I.1 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 address(es): http://www.arnet.gov/far

(End of provision)

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

(End of clause)

I.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE/DATE

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-2

Security Requirements (AUG 1996). Alternate II (APR 1996)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.204-7 Central Contractor Registration. (JUL 2006)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2007)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.215-2 Audit and Records - Negotiation. (JUN 1999)

52.215-8 Order of Precedence- Uniform Contract Format. (OCT 1997) 52.222-3 Convict Labor. (JUN 2003)

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (FEB 1988)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations.

(FEB 1988)

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

52.222-15 Certification of Eligibility. (FEB 1988)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

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

Trades

Goals:

Minority Participation Female Participation

All trades 17.0%

6.9%

As used in this Notice, and in any contract resulting from this solicitation, the covered area is State of New York; County of Orange; City of Rock Tavern.

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction.

(FEB 1999)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) 52.222-50 Combating Trafficking in Persons (AUG 2007)

52.223-2 Affirmative Procurement of Bio-based Products Under Service And Construction Contracts (DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) -- Alternate I (Aug 2003)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-4 Patent Indemnity - Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.228-11 Pledges of Assets. (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

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

(APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-16 Progress Payments. (APR 2003)

52.232-17 Interest. (JUN 1996)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-27 Prompt Payment For Construction Contracts. (SEP 2005)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.236-2 Differing Site Conditions. (APR 1984)

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

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

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 and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes (JUN 2007) 52.244-5 Competition in Subcontracting. (DEC 1996)

52.245-1 Government Property (JUNE 2007)

52.245-2 Government Property Installation Operation Services. (JUNE 2007)

52.245-9 Use and Charges. (JUNE 2007)

52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

I.2 52.219-6 Notice of Total Small Business Set-Aside (June 2003)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

I.4 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs.

Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR

470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.5 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products. (AUG 2006)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to Project contact person, reference Section C, sub-paragraph 2.7 and an information copy to the Contracting Officer, Section C, sub-paragraph 2.1.

I.6 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 1008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/ . The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm .

I.7 52.225-9 Buy American Act - Construction Materials. (JAN 2005)

(a) Definitions. As used in this clause -

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; or

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

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 Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. 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 the construction material or components listed by the Government as follows: 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 Act 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 Act 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 Act. (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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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).

I.8 52.228-15 Performance and Payment Bonds - Construction. (SEP 2006)

(a) Definitions. As used in this clause -

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury

Financial Management Service

Surety Bond Branch

401 14th Street, NW, 2nd Floor, West Wing

Washington, DC 20227.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.9 52.233-3 Protest After Award (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or…