St Albans SOL For Cooling Towers 7-15 Final.pdf

GS-01P-08-BZ-C-0028

REPLACE COOLING TOWERS, VT0018ZZ

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 1 -GS-01P-08-BZ-C-0028

U.S. General Services Administration

SPECIFICATIONS AND BID FORMS

SOLICITATION NO: GS-01P-08-BZ-C-0028

PROJECT: Replace Cooling Towers at the St. Albans Federal Building, VT

BID OPENING:

DATE: 08/19/2008

TIME: 2:00 PM EST

LOCATION:

This procurement is 100% Set-Aside for Small Business firms.

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS

SOLICITATION/ CONTRACT THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN

APPROVED BY THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO THE

PAPERWORK REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

GSA Public Buildings Service US General Services Administration 10 Causeway Street New England Region Boston, MA 02222 North Service Center www.gsa.gov

GENERAL SERVICES ADMINISTRATION

SMALL BUSINESS UTILIZATION CENTER (1AB)

10 CAUSEWAY STREET, ROOM 901

BOSTON, MA 02222-1077

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 2 -GS-01P-08-BZ-C-0028

NOTICE TO BIDDER

YOU CAN HELP TO EXPEDITE THE

HANDLING OF YOUR BID IF YOU

WILL FOLLOW THE FORMAT SHOWN

BELOW FOR SUBMITTING SEALED

BIDS:

ENVELOPES CONTAINING BIDS MUST BE SEALED, MARKED AND ADDRESSED AS FOLLOWS:

FROM: (NAME AND ADDRESS OF BIDDER)

CUT OUT AND STICK THIS LABEL ON

SEALED ENVELOPE:

S GENERAL SERVICES ADMINISTRATION

E B SOLICITATION NO: GS-01P-08-BZ-C-0028 SMALL BUSINESS UTILIZATION CENTER (1AB)

A I DATE FOR RECEIPT OF OFFERS: 8/19/2008 10 CAUSEWAY STREET, ROOM 901

L D TIME FOR RECEIPT OF OFFERS: 2:00 PM EST BOSTON, MA 02222-1077

E BID FOR: Cooling Tower Replacement at St Albans Federal Building, St. Albans, VT

D

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 3 -GS-01P-08-BZ-C-0028

SECTION A

SOLICITATION/CONTRACT FORM

A.1 TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION _____________________PAGE(S)_

PART I - THE SCHEDULE_________________________________________

X | A |SOLICITATION/CONTRACT FORM 1-3

X | B |SUPPLIES OR SERVICES AND PRICES/COSTS _ 4

X | C |DESCRIPTION/SPECS/WORK STATEMENT_______ 4

X | D |PACKAGING AND MARKING 4

X | E |INSPECTION AND ACCEPTANCE 4

X | F |DELIVERIES OR PERFORMANCE 4

X | G |CONTRACT ADMINISTRATION DATA 5

X | H |SPECIAL CONTRACT REQUIREMENTS 6-11___

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 12-19

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 20-24

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 25-26

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 27-33 _

X | M |EVALUATION FACTORS FOR AWARD ___ 34__ _

A.2 The estimated price range for this contract is $100,000.00 to $250,000.00.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR INFORMATION

CALL:

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

���� #$��%&'(�)'%(�*#�++��$,-&�.$(/%(0�&)$ )�+$&1�(�1�2*��&1�)%0.+$'$�-'�3-'#-& )�+$&1�(�1�2*��/'$(�($)$-4-&, &%'-)$�'%�.(%)$$1��� #-*�.$(/%(0�&)$�.$(-%1�-*�3�(15 0�&1�'%(2 &$,%'-��+$������� ��

�������������� �7

1� �//$(*�.(%4-1-&,�+$**�'#�& )�+$&1�(�1�2*�/%(��%4$(&0$&'��))$.'�&)$��/'$(�'#$�1�'$�%//$(*��($�18$�3-++�&%'��$�)%&*-1$($1��&1�3-++��$

($9$)'$1�

++�%//$(*��($�*8�9$)'�'%�'#$�"�:�3%(;�($<-8($0$&'*5��&1�"�:�%'#$(�.(%4-*-%&*��&1�)+�8*$*�-&)%(.%(�'$1�-&�'#$�*%+-)-'�'-%&�-&�/8++�'$='�%(��2

&�%//$(�,8�(�&'$$ -*5 -*�&%'�($<8-($1�

�����$�+$1�%//$(*�-&�%(-,-&�+��&1 )%.-$*�'%�.$(/%(0�'#$�3%(;�($<8-($1��($�18$��'�'#$�.+�)$�*.$)-/-$1�-&��'$0����2 ���� �

+%)�+�'-0$ "1�'$:����/�'#-*�-*���*$�+$1��-1�*%+-)-'�'-%&5�%//$(*�3-++��$�.8�+-)+2�%.$&$1��'�'#�'�'-0$����$�+$1�$&4$+%.$*

)%&'�-&-&,�%//$(*�*#�++��$�0�(;$1�'%�*#%3�'#$�%//$(%(>*�&�0$��&1��11($**5�'#$�*%+-)-'�'-%&�&80�$(5��&1�'#$�1�'$��&1�'-0$�%//$(*��($�18$�

������"�����@A�?:

�($*)(-�$1��2��� �A��

��"@�����:�?����BA�"1:

See Attached

6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

�B������

��� #$�%//$(%(��,($$*�'%�.$(/%(0�'#$�3%(;�($<8-($1��'�'#$�.(-)$*�*.$)-/-$1��$+%3�-&�*'(-)'��))%(1�&)$�3-'#�'#$�'$(0*�%/�'#-*�*%+-)-'�'-%&5�-/�'#-*�%//$(�-*��))$.'$1

�2�'#$��%4$(&0$&'�-&�3(-'-&,�3-'#-& )�+$&1�(�1�2*��/'$(�'#$�1�'$�%//$(*��($�18$������&

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

AWARD (To be completed by Government)

�B��

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

'%�/8(&-*#��&1�1$+-4$(��++� -'$0*�%(�.$(/%(0��++�3%(;�($<8-($0$&'*�-1$&'-/-$1�%&�'#-* /%(0��&1��&2�)%&'-&8�'-%&�*#$$'*�/%(�'#$�)%&*-1$(�'-%&�*'�'$1�-&�'#-*�)%&'(�)'��� #$ (-,#'*��&1�%�+-,�'-%&*�%/�'#$�.�('-$*�'%�'#-*�)%&'(�)'�*#�++��$�,%4$(&$1��2�"�:�'#-* )%&'(�)'� �3�(15� "�:� '#$� *%+-)-'�'-%&5� �&1� "):� '#$� )+�8*$*5� ($.($*$&'�'-%&*5 )$('-/-)�'-%&*5� �&1� *.$)-/-)�'-%&*� -&)%(.%(�'$1� �2� ($/$($&)$� -&� %(� �''�)#$1� '%� '#-*

�E��

%8(�%//$(

%&�'#-*�*%+-)-'�'-%&�-*�#$($�2��))$.'$1��*�'%�'#$�-'$0*�+-*'$1��� #-*��3�(1�)%&*800�'$* '#$�)%&'(�)'5�3#-)#�)%&*-*'*�%/�"�:�'#$��%4$(&0$&'�*%+-)-'�'-%&��&1�2%8(�%//$(5��&1�"�:

'#-*�)%&'(�)'��3�(1����%�/8('#$(�)%&'(�)'8�+�1%)80$&'�-*�&$)$**�(2�

������"�����@A�?:�����

0001 Provide a Lump Sum price to replace two 60 ton cooling towers at the St. Albans Federal Building, VT0018ZZ.

1.00 LS

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 4 -GS-01P-08-BZ-C-0028

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

See page 3 of 3 of Contract Forms.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

SEE ATTACHMENTS FOR SPECIFICATION

DRAWINGS (NONE)

SECTION D

PACKAGING AND MARKING

This section is not used.

SECTION E

INSPECTION AND ACCEPTANCE

This section is not used.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 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 ten (10) 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 90 calendar days after the date the Contractor receives the on-site notice to proceed*. The time stated for completion shall include final cleanup of the premises.

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 5 -GS-01P-08-BZ-C-0028

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINSTRATION/CORRESPONDENCE

This contract will be administered by the Contracting Officer. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer at:

GENERAL SERVICES ADMINISTRATION

GSA/PBS, North Service Center (1PK) Attn.: Brenda Dudevoir, Contracting Officer

T.P. O'NEILL FOB, ROOM 985

BOSTON, MA 02222-1077

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 6 -GS-01P-08-BZ-C-0028

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENT FOR INSURANCE

The Contractor must refer to the FAR clause 52.228-5 "Insurance - Work on Government Installation", referenced herein. The coverage’s specified below, pursuant to Subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required.

(a) Workers' Compensation and Employer's Liability. Contractors are 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. The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the 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.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included. A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.2 PROMPT PAYMENT:

(a) The contractor shall attend payment meetings each month, as scheduled herein, with the designated Government representative, prior to the submission of the contractor's progress payment invoice (payment request). These may be held in conjunction with the progress meetings held pursuant to Section 01040, entitled "Project Coordination. The payment meetings may be conducted in person or by telephone. The meetings will enable payments to be made promptly and within the dates established in the contract. The purpose of the payment meetings is to enable the contractor and the Government representative to discuss the amount of the prospective payment and the supporting documentation required, and to reach agreement on the amount thereof. Inspections by all parties will be completed prior to or during the meeting, thus ensuring timely substantiation and agreement on payment amounts.

The schedule for payment meetings is as follows:

(A schedule will be determined at the pre-construction conference.)

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 7 -GS-01P-08-BZ-C-0028

(b) The contractor shall submit the original invoice to the contracting officer, with a copy to the COR or, if a contract is being administered with the assistance of a CQM or CM contractor, a copy to such contractor, as follows (separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments):

(Name and Address - To be determined at pre-construction conference)

(c) Payment requests shall not be submitted until the scheduled payment meetings are held. If the contractor fails to attend a payment meeting, the Government will make payment on the contractor's payment request based upon the results of the Government inspection, in an amount of no more than the Government's estimate of the amount due. The balance of the contractor's payment request will remain in dispute and will not be subject to any late payment penalty until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the contracting officer on any payment amount being due.

(d) Payment due dates are based upon the receipt of a proper invoice by the contracting officer. If the invoice is defective (see FAR Clause 52.232-27, Prompt Payment for Construction Contracts, and GSAR Clause 552.232-70, Invoice Requirements), it will be returned to the contractor for appropriate action. If there is a disagreement over the payment amount, the contracting officer may pay the portion of the requested payment that is not in dispute.

(e) Any inquiries on payments are to be directed to the contracting officer, or designated representative.

H.5 SECURITY REQUIREMENTS

A. SUITABILITY DETERMINATIONS

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

(c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination. Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 8 -GS-01P-08-BZ-C-0028

any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f) The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

B. COMPLIANCE WITH SECURITY REQUIREMENTS

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

C. IDENTIFICATION CREDENTIAL

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the building(s) where work is being performed.

(d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

D. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 9 -GS-01P-08-BZ-C-0028

E. REMOVAL FROM CONTRACT WORK

(a) The contracting officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the employee's removal from the work site and from other work in connection with the Contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.

F. SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy of which will be made available upon request.

G. REQUIRED INFORMATION SUBMISSIONS

Unless otherwise specified, the Contractor shall submit the information required below to the Government, as directed by the CO, as soon as possible after contract award (but not later than 14 calendar days before contract start date) for all personnel. The following information will be submitted to the Government for all new or replacement personnel within five (5) working days after contract award.. The CO will advise the Contractor on where this information will be submitted.

(1) All contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities and/or information systems for more than 6 months, and/or who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of the FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed SF 85P with original signature, Questionnaire for Public Trust Positions, with SF 86A, Continuation Sheet. The medical release form attached to the back of the 85P form is not required to be completed for NACI and NACIC background investigations. The SF-85P and 86A are available for download at http://www.gsa.gov/formslibrary. Alternatively, contractors may be required to submit this information electronically through a web-based network.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 10 -GS-01P-08-BZ-C-0028

(d) INCLUDE FOR IT CONTRACT EMPLOYEES ONLY - THOSE MAINTAINING OR WORKING ON GSA IT SYSTEMS/APPLICATIONS - One original GSA Form 3665, Credit Authorization Release.

(2) “Temporary” contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities for less than 6 months, or other “Temporary” contract employees as designated by the CO, who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of a FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed "Statement of Personal History" (FPS 176T or other prescribed form) which will be provided to the Contractor at time of award.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

H. The Contractor shall furnish the required information to the Government, as specified by the CO, in a sealed envelope together with a transmittal letter on company letterhead for each applicant. The transmittal letter shall be attached to the outside of the envelope and list the following:

(1) The Contractor Applicant’s full name;

(2) The contract number and if applicable, the order number;

(3) The Contracting Officer’s name;

(4) The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical

Representative (COTR) name;

(5) The Prime Contractor name, address, and telephone number;

(6) If applicable, the subcontractor, name, address and telephone number; and

(7) The name, address, and title of the Contractor representative submitting the security packet.

I. GENERAL DESCRIPTION OF THE CLEARANCE PROCESS

(1) Name Check and Fingerprint Check. Upon receipt of the sealed envelope containing the required forms, the Government will forward each clearance package to the clearance processing office for initial processing. A preliminary review will be conducted of various national criminal and security data files. If these checks are favorable the Contractor employee may be granted limited access to Federally-controlled facilities and Federal information systems with a preliminary favorable suitability determination. This process takes approximately 3 to 10 business days but could take longer.

(2) For Contractor employees who receive a favorable preliminary check as described above, and depending on the location and type of work to be performed, a more detailed agency check may also be initiated. The check may include record searches with selected sources covering specific areas of the employee’s background, including credit, and written inquiries covering specific areas of the employee’s background.

(3) Issuance of Identification Credential. Upon receipt of favorable suitability determination, each contract employee may be issued a 5-year identification credential in accordance with the federally-controlled facility procedures and, if applicable, be granted access to those Federal information systems necessary to accomplish the contract. A temporary ID may be issued after a preliminary favorable suitability determination. The Contractor shall ensure that all contract employees display their credentials in accordance with facility procedures. The Contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed, terminated, or

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 11 -GS-01P-08-BZ-C-0028

upon expiration of the contract. The Contractor will be assessed a fee for each identification credential that is lost or otherwise not returned.

(4) Unsuitable Employees. If the Government receives an unsuitable report on any prospective Contractor employee, or if the Government finds a prospective Contractor employee to be otherwise unsuitable or unfit for his assigned duties, the Contractor shall be advised immediately by the CO that such employee will not be allowed to work under this contract. The Contractor must then take action immediately to relieve the employee of all duties and responsibilities related to this contract and return his Identification Credentials, if such credentials were issued. The contractor will not be compensated for such actions. Unsuitable contract employees may be escorted off Federal property by DHS/ICE/FPS or other law enforcement entities depending on the reason for the unsuitable determination.

(5) Site-Specific Requirements. Specific federally-controlled facilities or those areas located within a given facility may have additional security clearance requirements in addition to those cited above. These will be specified by the Government through the CO or designated representative.

(6) Prior Clearances and the Re-Clearance Process. All contract employees are required to be cleared every 5 years and favorable contract employee background investigations are good for 5 years. If anytime during a 5 year period, a cleared contract employee is to work on a different contract that they were previously cleared to work on, then the original clearance notices must be submitted by the CO or his representative to DHS/ICE/FPS to update contract and clearance information.

During the 5 year period, unless specifically requested to do so by the CO or designated representative, no further forms or information will be required from the contractor. However, if threat levels or security conditions change during the cleared period, access and clearance requirements may change with limited advanced notice which may require previously cleared Contractor employees to have clearances updated, renewed, or reprocessed.

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 12 -GS-01P-08-BZ-C-0028

SECTION I

CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html

(End of Clause)

CLAUSE

NUMBER

TITLE AND REFERENCE

52.202-1 Definitions (July 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 (Sept 2007)

552.203-71 Restrictions on Advertising (Sep 1999)

52.204-4 Printing/Copying Double Sided on Recycled Paper (AUG 2000) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (Sept 2007)

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006)

52.211-13 Time Extensions (Sep 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984)

552.211-71 Standard References (Sep 1999) 552.211-84 Non-Compliance with Contract Requirements (Feb 1996)

52.214-26 Audit and Records -- Sealed Bidding (OCT 1997) 52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications - Sealed

Bidding (Oct 1997)

552.215-70 Examination of Records by GSA (Feb 1996)

52.219-6 Notice of Total Small Business Set-Aside (Jun 2003) 52.219-8 Utilization of Small Business Concerns (May 2004)

52.219-14 Limitations on Subcontracting (Dec 1996)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003)) 52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (July

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 13 -GS-01P-08-BZ-C-0028

2005) 52.222-5 Davis-Bacon Act - Secondary Site of the Work (July 2005) 52.222-6 Davis-Bacon Act (July 2005) 52.222-7 Withholding of Funds (Feb 1988) 52.222-8 Payrolls and Basic Records (Feb 1988) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (July 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) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)

52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) 52.222-50 Combating Trafficking in Persons (Aug 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Dec 2007)

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) (Alternate I) (Jan 1995)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003) 52.223-6 Drug-Free Workplace (May 2001) 52.223-14 Toxic Chemical Release Reporting (Aug 2003) 52.223-15 Energy Efficiency in Energy Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items (May 2008)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006)

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)

52.228-1 Bid Guarantee (Sep 1996) -Bid Guarantee 20% of the bid price or $3,000,000, whichever is less

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) 52.228-15 Performance and Payment Bonds - Construction (Nov 2006)

552.228-70 Workmen’s Compensation Laws (SEP 1999)

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 14 -GS-01P-08-BZ-C-0028

52.229-3 Federal, State and Local Taxes (Apr 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (Sept 2002) 52.232-17 Interest (Jun 1996) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Sept 2005)

552.232-70 Invoice Requirements (SEP 1999) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (Oct

2003)

52.233-1 Disputes (July 2002) [Alternate I](Dec 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, 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 (Jan 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)

Alternate II (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995)

552.236-70 Definitions (Apr 1984) 552.236-71 Authorities and Limitations (Apr 1984) 552.236-72 Specialist (Apr 1984) 552.236-74 Working Hours (Apr 1984) 552.236-75 Use of Premises (Apr 1984) 552.236-76 Measurements (Apr 1984) 552.236-77 Specifications and Drawings (SEP 1999) 552.236-78 Shop Drawings, Coordination Drawings, and Schedules (SEP 1999) 552.236-79 Samples (Apr 1984) 552.236-80 Heat (Apr 1984) 552.236-81 Use of Equipment by the Government (Apr 1984) 552.236-82 Subcontracts (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (June 2007)

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 15 -GS-01P-08-BZ-C-0028

552.243-70 Pricing of Adjustments (Apr 1989) 552.243-71 Equitable Adjustment (Apr 1984)

52.245-1 Government Property (June 2007) Alternate I (June 2007))

52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (Mar 1994) (Alternate 1) (Apr 1984)

552.246-72 Final Inspection and Tests (SEP 1999) 552.246-75 Guarantees (May 1989)

52.248-3 Value Engineering--Construction (Sept 2006)

52.249-1 Termination for Convenience of the Government (Fixed Price)(Short Form) (Apr 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)(Alt I)

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

552.252-6 Authorized Deviations or Variations in Clauses (Sep 1999) (Deviation FAR 52.252-6)

52.253-1 Computer Generated Forms (Jan 1991)

THE FOLLOWING CLAUSES ARE INCORPORATED IN FULL TEXT.

I.3 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUNE

2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern 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 criteria in 13 CFR part 121 and the size standard in paragraph

(c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 16 -GS-01P-08-BZ-C-0028

(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ❏ is, ❏ is not a small business concern under NAICS Code ______________ assigned to contract number ______________. [Contractor to sign and date and insert authorized signer’s name and title].

(End of clause)

I.5 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (Feb 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

GOALS FOR MINORITY GOALS FOR FEMALE

PARTICIPATION FOR PARTICIPATION FOR

EACH TRADE EACH TRADE

0.8% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs Office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 17 -GS-01P-08-BZ-C-0028

each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(i) Employer identification number of the subcontractor.

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

(4) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

STATE: VERMONT

COUNTY: FRANKLIN

CITY: ST ALBANS

I.7 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (May 2008)

(a) Definitions. As used in this clause-- "Component" means any article, material, or supply incorporated directly into construction materials.

"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 end product (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.

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 18 -GS-01P-08-BZ-C-0028

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States and 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________________________ [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 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:

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 19 -GS-01P-08-BZ-C-0028

FOREIGN AND DOMESTIC CONSTRUCTIONMATERIALS PRICE COMPARISION

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).]

(End of clause)

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 20 -GS-01P-08-BZ-C-0028

SECTION J

LIST OF ATTACHMENTS

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

J.1 General Wage-Rate Decision

General Decision Number: VT080042 06/20/2008 VT42

Superseded General Decision Number: VT20070043

State: Vermont

Construction Type: Building

Counties: Franklin and Grand Isle Counties in Vermont.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 04/18/2008 2 05/30/2008 3 06/20/2008

ELEC0300-001 09/01/2007

Rates Fringes

Electricians:

_All other work.............$ 21.03 19.5% + 6.29 _Work on radio, television, video, recording voice, sound, nurse calls, emergency call, microwave and visual production and reproduction apparatus, equipment and appliances used for domestic, commercial, education and entertainment purposes;

all installation and erection of equipment, fiber optics, apparatus or appliance, cables and/or wire, emergency power (batteries) and all directly-related work which becomes an integral part of a

Federal Building Post Office and U.S. Customhouse

ST. ALBANS, VERMONT

- 21 -GS-01P-08-BZ-C-0028

telecommunication and/or telecommunications-related system; repair of telecommunications systems and devices, including, but not limited to, Private Branch Exchanges (PBX - PABX), key equipment and associated devices, PCM, T1, and/or telephone-related systems, customer-owned or employer-owned; the repair of a fire alarm system; the installation and repair of hold-up alarm and burglar alarm surveillance systems; the installation and repair of CCTV, CATV, card access, Systems RS 232 Ethernet and/or any local area network system associated with computer installation:

_Teledata cable splicer....$ 18.95 19.5% + 6.29 _Teledata technician.......$ 19.95 19.5% + 6.29

* IRON0007-008 03/15/2008

Rates Fringes

Ironworker.....................$ 21.15 16.75

PLAS0534-007 01/01/2008

Rates Fringes

Cement mason....................$ 29.66 19.28

Work on a suspended staging, not supported from the ground, and over 20 ft. above the ground: $.35 per hour additional.

PLUM0693-002 05/01/2008

Rates Fringes

Plumber/pipefitter (includes HVAC piping):

__All other…