GS02P07DTC0017N.doc

Façade Repair and Slate Roof Replacement Solicitation GS-02P-07-DTC-0017IN)

U.S. Post Office and Courthouse – 271 Cadman Plaza East, Brooklyn, NY Project: INY07001

United States General Services Administration

Construction Services Contract for the

Façade Repair and Slate Roof Replacement of the

U.S. Post Office and Courthouse

271 Cadman Plaza East, Brooklyn, NY Request for Proposals

Solicitation Number:

GS-02P-07-DTC-0017(N)

Project Number:

INY07001

Proposal Closing:

May 16, 2007 Time and Date:

3:00 PM Local Time Mailing Address for General Services Administration Completed Proposals:

Program Support Division

26 Federal Plaza, Room 18-130

New York, NY 10278 Table of Contents Solicitation Number:

GS-02P-07-DTC-0017(N)

Project Number:

INY07001

Description:

Construction Services Contract for the Façade Repair and Slate Roof Replacement at the U.S. Post Office and Courthouse, 271 Cadman Plaza East, Brooklyn, NY 11201 Issuance Date:

April 17, 2007 Note: The following index is for convenience only. Its accuracy is not guaranteed and is not to be considered as part of the specification. In case of a discrepancy between the index and the specification, the specification shall govern.

Note: Numbering of DIVISIONS and specification sections conform to CSI FORMAT FOR BUILDING SPECIFICATIONS. NUMBERING OF SECTIONS CONFORM GENERALLY TO AIA-AGC-CSI UNIFORMAT SYSTEMS. DIVISIONS AND SECTIONS applicable to the PROJECT are included as listed.

Table of Contents. …………………………………………………………………………………………………...2

Pre-Proposal Conference … ………………………………………………………………………………………..3

Notice/Basis of Award ……………………………………………………………………………………………….4

New York State Tax Notice .. ……………………………………………………………………………………….5

Small Business Concerns Notice…………………………………………………………………………………..6

Solicitation Provisions and Clauses……………………………………………………………………………….7

FAR……………………………………………….……………………………………………………………7

GSAM…………………………………………..…………………………………………………………….23

Section 01100………………..…………………………………………………………………………………….…33

Project Summary/Scope of Work ..…………………………………………………………….…….…34 Section 00200 …………..……………………………………………………………………………………………38

Applicable Hourly Minimum Wage Rates Notice …….………………………………………………39 Section 00800 ………………………………………………………………………………………………………..40

Supplementary Conditions ..….…………………………………………………………………………41

Technical Evaluation Factors* .….………………………………………………………..……………63

Proposal Preparation Instructions …….………..……………………………………..………………76 Section 00120 ……………………………………………………………………………………..…………………77

Supplementary Instructions to Offerors ………………………………………………………………78

ORCA – Online Representations and Certifications Application* …..……………………….……79

SF-LLL Disclosure of Lobbying Activities* …..………………………………………………….……81

* Includes information that must be submitted as the technical proposal.

Pre-Proposal Conference

A Pre-Proposal Conference/Small Business Subcontractor Network Session for this procurement will be held on May 2, 2007, at 10:00 am Local Time in Courtroom # 3577 (third floor) at the U.S. Post Office and Courthouse, 271 Cadman Plaza East, Brooklyn, NY 11201. Please enter the Bankruptcy Court entrance to the building and not the U.S. Post Office entrance. The Conference should afford those small businesses in attendance an opportunity to network with other companies and/or firms. GSA will conduct a site visit walk around the building after the conference is concluded.

This Conference will provide an opportunity to discuss the nature of the work and address any questions or concerns. Offerors are requested to submit questions relative to the solicitation documents in advance of the meeting so that the Contracting Officer may prepare the necessary responses.

No oral statement made by a Government representative during the Pre-Proposal Conference, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the request for proposals. In the event the discussion or questions raised during the Pre-Proposal Conference indicate a need to amend the solicitation, an amendment to the solicitation will be issued in writing; any such amendment to the solicitation must be acknowledged in the same manner and under the same conditions as all other written amendments to a Request for Proposals.

Please notify Mr. Frank Cashman, Contracting Officer, via email at francis.cashman@gsa.gov if you are planning to attend this conference. Please let us know how many individuals will be attending from your firm. If you have any questions concerning this conference please email Mr. Cashman or call (212) 264-4234.

Notice/Basis of Award The acquisition strategy for this project will be in accordance with Source Selection Processes and Techniques (FAR Part 15.1). This will be a competitive acquisition, utilizing the tradeoff process approach under the Best Value Continuum (FAR 15.101). This process permits tradeoffs among cost or price and technical factors and allows the government to accept other than the lowest priced proposal. For this acquisition all technical evaluation factors, when combined, are approximately equal to cost or price.

The acquisition process will be conducted in two (2) stages. In Stage I the offeror will submit a technical proposal for the construction services that are required under this acquisition. Up to three of the most highly rated technical proposals in Stage I will be provided the opportunity to participate in Stage II of this acquisition.

Offerors participating in Stage II of this acquisition will also receive a $120,000.00 stipend for design review services. The offeror’s performance, submittals and their oral presentations while providing design review services will be evaluated in accordance with the specified technical factors for Stage II of this acquisition. At the conclusion of the design review services, the participating offerors will propose a Firm Fixed Price for the construction services required under this acquisition. Award of the required construction services will be based on the evaluation of the offeror’s proposed Firm Fixed Price and a comparative assessment of the offerors’ technical proposals against the source selection evaluation criteria identified within the solicitation.

Any questions concerning this solicitation may be directed to Mr. Francis Cashman at (212) 264-4234 or Email: francis.cashman@gsa.gov.

Estimated Construction Cost: $45,000,000 to $55,000,000 New York State Tax Notice By Chapters 513 and 514, Laws of 1974, the New York State Legislature amended Sections 1115(a) (15) and (16) of the Tax Law so as to exempt from New York State and local sales and use taxes tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of the United States Government or adding to, altering or improving, maintaining, servicing or repairing real property of the United States Government; provided, however, such tangible personal property is to become an integral component part of such structure, building or real property.

Small Business Concerns Notice It is the policy of the Government to provide maximum practicable opportunities in its acquisitions Small Business, Veteran-Owned Small Business, Service-Disabled Veteran-Owned Small Business, HUBZone Small Business, Small Disadvantaged Business, and Women-Owned Small Business Concerns. Such concerns shall also have the maximum practicable opportunity to participate as subcontractors in the contracts awarded by any executive agency, consistent with efficient contract performance. The Small Business Administration (SBA) counsels and assists small business concerns and assists contracting personnel to ensure that a fair proportion of contracts for supplies and services is placed with small business.

GSA is responsible for effectively implementing the small business programs within its activities, including achieving program goals, ensuring that contracting and technical personnel maintain knowledge of small, small disadvantaged, and women-owned small business program requirements, and that all reasonable actions are taken to increase participation in their activities.

Any large business concern contractor and/or subcontractor who receives a contract or contract modification in excess of $500,000.00 ($1,000,000 for construction) will be required to submit an acceptable subcontracting plan. In accordance with FAR 19.702 any contractor receiving a contract for more than the Simplified Acquisition Threshold shall agree in the contract that small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, small disadvantaged business concerns and women-owned small business concerns. The SBA Procurement Center Representative will review the Subcontracting Plan submissions of all Large Businesses offerors upon their receipt by the GSA, and will provide SBA advisory comments on all initial and subsequent revisions of the subcontracting plans.

You can facilitate the identification of certified small disadvantaged business (SDB) concerns through the Small Business Administration’s (SBA) Minority Enterprise Development (MED) program (better known as the 8(a) program). Contact the SBA’s down state New York staff at (212) 264-1763 to obtain a copy of the portfolio. You can also access the portfolio through the SBA’s procurement - related Internet database at the SBA’s Pro-Net Website at http://pro-net.sba.gov.

PRO-Net can be your Search Engine as it contains a database of information on more than 171,000 small, disadvantaged and women-owned small businesses. It is free to prime and other contractors seeking small business contractors, subcontractors and/or partnership opportunities. PRO-Net is open to all small firms seeking federal, state, and private contracts.

Businesses profiled on the PRO-Net system can be searched by NAICS codes;, key words;, location; quality certifications; business type; ownership race and gender, etc. Business profiles in the PRO-Net system include data from SBA’s files and other available databases, plus additional business and marketing information on individual firms. Profiles are struct6ured like executive business summaries, with specific data search fields that are user-friendly and designed to meet the needs of contracting officers and prime contractors.

Solicitation Provisions and Clauses Note:

**IBR** = Incorporated by Reference, **See Representations and Certifications** = clause or provision included in the Representations and Certifications section of this document and requires completion by offeror

**See Supplementary Conditions** = clause or provision included in the Supplementary Conditions section of this document

FAR

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/FAR

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/FAR NOTE: “ORCA” is the Online Representations and Certifications Application that is required for this solicitation. Please see the ORCA notice in this solicitation. Clauses with the citation “ORCA” below should be filled out as part of the online representations and certifications.

52.203-2 Certificate of Independent Price Determination. **ORCA** 52.203-3 Gratuities. **IBR** 52.203-5 Covenant Against Contingent Fees. **IBR** 52.203-7 Anti-Kickback Procedures. **IBR** 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. **See Supplementary Conditions** 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. **IBR** 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. **ORCA** 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. **See Supplementary Conditions** 52.204-2 Security Requirements. **IBR** Alternate II (Apr 1984). **IBR** 52.204-3 Taxpayer Identification. **ORCA** 52.204-4 Printed or Copied Double-Sided on Recycled Paper. **IBR** 52.204-5 Women-Owned Business (Other Than Small Business). **ORCA** 52.204-6 Data Universal Numbering System (DUNS) Number. **IBR** 52.204-7 Central Contractor Registration. **See Supplementary Conditions** 52.204-9 Personal Identity Verification of Contractor Personnel. **IBR** 52.207-1 Notice of Standard Competition. **IBR**

52.207-3 Right of First Refusal of Employment. **IBR** 52.207-5 Option to Purchase Equipment. **IBR** 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. **See Representations and Certifications** 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. **See Supplementary Conditions** 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29. (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (JAN 2006

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST ( http://assist.daps.dla.mil);

(2) Quick Search ( http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com ( http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

52.211-7 Alternatives to Government-Unique Standards. **IBR** 52.211-10 Commencement, Prosecution, and Completion of Work. **See Supplementary Conditions** Alternate I (Apr 1984). **IBR** 52.211-12 Liquidated Damages—Construction. **See Supplementary Conditions** 52.211-13 Time Extensions. **IBR** 52.211-14 Notice of Priority Rating for National Defense Use. **IBR** 52.211-15 Defense Priority and Allocation Requirements. **IBR** 52.211-18 Variation in Estimated Quantity. **IBR** 52.212-1 Instructions to Offerors—Commercial Items. **IBR** 52.212-3 Offeror Representations and Certifications – Commercial Items **IBR** 52.212-4 Contract Terms and Conditions—Commercial Items. **IBR** 52.214-34 Submission of Offers in the English Language. **IBR** 52.214-35 Submission of Offers in U.S. Currency. **IBR** 52.215-1 Instructions to Offerors—Competitive Acquisition. **IBR** Alternate I (Oct 1997). **IBR** Alternate II (Oct 1997 **IBR** 52.215-2 Audit and Records—Negotiation. **IBR** Alternate III (June 1999). **IBR** 52.215-3 Request for Information or Solicitation for Planning Purposes. **IBR** 52.215-5 Facsimile Proposals. **IBR**

52.215.6 Place of Performance. **ORCA**

52.215-8 Order of Precedence—Uniform Contract Format. **IBR** 52.215-10 Price Reduction for Defective Cost or Pricing Data. **IBR** 52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications. **IBR** 52.215-12 Subcontractor Cost or Pricing Data. **IBR** 52.215-13 Subcontractor Cost or Pricing Data—Modifications. **IBR** 52.215-14 Integrity of Unit Prices. **IBR** Alternate I (Oct 1997). **IBR** 52.215-15 Pension Adjustments and Asset Reversions. **IBR** 52.215-16 Facilities Capital Cost of Money. **IBR** 52.215-17 Waiver of Facilities Capital Cost of Money. **IBR** 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. **IBR** 52.215-19 Notification of Ownership Changes (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall—

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data. (OCT 1997)

(a) Exceptions from cost or pricing data.

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

Alternate I (Oct 1997). As prescribed in 15.408(l), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:

(b)(1) The offeror shall submit cost or pricing data and supporting attachments in the following format:

Alternate II (Oct 1997). As prescribed in 15.408(l), add the following paragraph (c) to the basic provision:

(c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting Officer, and (2) the Contract Auditor.

Alternate III (Oct 1997). As prescribed in 15.408(l), add the following paragraph (c) to the basic provision (if Alternate II is also used, redesignate the following paragraph as paragraph (d)).

(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format, e.g., electronic spreadsheet format, electronic mail, etc.]

Alternate IV (Oct 1997). As prescribed in 15.408(l), replace the text of the basic provision with the following:

(a) Submission of cost or pricing data is not required.

(b) Provide information described below: [Insert description of the information and the format that are required, including access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications. **IBR** Alternate I (Oct 1997). **IBR** Alternate II (Oct 1997). **IBR** Alternate III (Oct 1997). **IBR** Alternate IV (Oct 1997). **IBR** 52.216-4 Economic Price Adjustment—Labor and Material. **IBR** 52.216-5 Price Redetermination—Prospective. **IBR** 52.216-6 Price Redetermination—Retroactive. **IBR** 52.216-16 Incentive Price Revision—Firm Target. **IBR** 52.216-17 Incentive Price Revision—Successive Targets. **IBR** 52.219-1 Small Business Program Representations. **ORCA** 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business, **IBR** 52.219-8 Utilization of Small Business Concerns. **IBR** 52.219-9 Small Business Subcontracting Plan. **IBR** Alternate I (Oct 2001). **IBR** Alternate II (Oct 2001). **IBR** 52.219-10 Incentive Subcontracting Program. **IBR** 52.219-14 Limitations on Subcontracting. **IBR** 52.219-16 Liquidated Damages—Subcontracting Plan. **IBR** 52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. **ORCA** 52.219-21 Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. **ORCA** 52.219-22 Small Disadvantaged Business Status. **ORCA** 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. **IBR** Alternate I (June 2003). **IBR** Alternate II (Oct 1998) **IBR** 52.219-24 Small Disadvantaged Business Participation Program—Targets. **IBR** 52.219-25 Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting. **IBR** 52.219-26 Small Disadvantaged Business Participation Program—Incentive Subcontracting. **IBR** 52.222-1 Notice to the Government of Labor Disputes. **IBR** 52.222-3 Convict Labor. **IBR** 52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation. **IBR** 52.222-5 Davis-Bacon Act—Secondary Site of the Work (JULY 2005) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-6 Davis-Bacon Act. **IBR** 52.222-7 Withholding of Funds. **IBR** 52.222-8 Payrolls and Basic Records. **IBR** 52.222-9 Apprentices and Trainees. **IBR** 52.222-10 Compliance with Copeland Act Requirements. **IBR** 52.222-11 Subcontracts (Labor Standards). **IBR** 52.222-12 Contract Termination—Debarment. **IBR** 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. **IBR** 52.222-14 Disputes Concerning Labor Standards. **IBR** 52.222-15 Certification of Eligibility. **IBR** 52.222-20 Walsh-Healey Public Contracts Act. **IBR** 52.222-21 Prohibition of Segregated Facilities. **IBR** 52.222-22 Previous Contracts and Compliance Reports. **ORCA** 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. **See Supplementary Conditions** 52.222-26 Equal Opportunity. **IBR** Alternate I (Feb 1999). **IBR** 52.222-27 Affirmative Action Compliance Requirements for Construction. **IBR** 52.222-29 Notification of Visa Denial. **IBR** 52.222-30 Davis-Bacon Act—Price Adjustment (None or Separately Specified Method) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of—

(1) Incorporation of the Department of Labor’s wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

52.222-32 Davis-Bacon Act—Price Adjustment (Actual Method) (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b)(1) The Contractor states that if the prices in this contract contain an allowance for wage or benefit increases, such allowance will not be included in any request for contract price adjustment submitted under this clause.

(2) The Contractor shall provide with each request for contract price adjustment under this clause a statement that the prices in the contract do not include any allowance for any increased cost for which adjustment is being requested.

(c) The Contracting Officer will adjust the contract price or contract unit price labor rates to reflect the Contractor’s actual increase or decrease in wages and fringe benefits to the extent that the increase is made to comply with, or the decrease is voluntarily made by the Contractor as a result of—

(1) Incorporation of the Department of Labor’s Davis-Bacon Act wage determination applicable at the exercise of an option to extend the term of the contract; or

(2) Incorporation of a Davis-Bacon Act wage determination otherwise applied to the contract by operation of law.

(d) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (c) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a revised wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall notify the Contracting Officer promptly of any decrease under this clause, but nothing in this clause precludes the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data, including payroll records that the Contracting Officer may reasonably require. Upon agreement of the parties, the Contracting Officer will modify the contract price or contract unit price in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(f) Contract price adjustment computations shall be computed as follows:

(1) Computation for contract unit price per single craft hour for schedule of indefinite-quantity work. For each labor classification, the difference between the actual wage and benefit rates (combined) paid and the wage and benefit rates (combined) required by the new wage determination shall be added to the original contract unit price if the difference results in a combined increase. If the difference computed results in a combined decrease, the contract unit price shall be decreased by that amount if the Contractor provides notification as provided in paragraph (e) of this clause.

(2) Computation for contract unit price containing multiple craft hours for schedule of indefinite-quantity work. For each labor classification, the difference between the actual wage and benefit rates (combined) paid and the wage and benefit rates (combined) required by the new wage determination shall be multiplied by the actual number of hours expended for each craft involved in accomplishing the unit-priced work item. The product of this computation will then be divided by the actual number of units ordered in the preceding contract period. The total of these computations for each craft will be added to the current contract unit price to obtain the new contract unit price. The extended amount for the contract line item will be obtained by multiplying the new unit price by the estimated quantity. If actual hours are not available from the preceding contract period for computation of the adjustment for a specific contract unit of work, the Contractor, in agreement with the Contracting Officer, shall estimate the total hours per craft per contract unit of work.

Example: Asphalt Paving—Current Price $3.38 per Square Yard

Hourly rate paid

Diff.

Increase/sq yard

* Note: Adjustment for labor rate increases or decreases may be accompanied by social security and unemployment taxes and workers’ compensation insurance.

Current unit price

Add DBA price adj.

New unit price

+ .29

$3.67 per square yard per square yard

(End of clause)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. **IBR** Alternate I (Dec 2001). **IBR** 52.222-36 Affirmative Action for Workers with Disabilities. **IBR** Alternate I (June 1998). **IBR** 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. **IBR** 52.222-38 Compliance with Veterans’ Employment Reporting Requirements. **ORCA** 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.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. **See Supplementary Conditions** Alternate I (July 1995). **See Supplementary Conditions** 52.223-4 Recovered Material Certification. **ORCA** 52.223-5 Pollution Prevention and Right-to-Know Information. **IBR** Alternate I (Aug 2003). **IBR** Alternate II (Aug 2003). **IBR** 52.223-6 Drug-Free Workplace. **IBR** 52.223-14 Toxic Chemical Release Reporting. **IBR** 52.224-1 Privacy Act Notification. **IBR** 52.224-2 Privacy Act. **IBR** 52.225-9 Buy American Act—Construction Materials. **See Supplementary Conditions** 52.225-10 Notice of Buy American Act Requirement—Construction Materials. **See Supplementary Conditions** 52.225-11 Buy American Act—Construction Materials under Trade Agreements **See Supplementary Conditions**

52.225-12 Notice of Buy American Act Requirement—Construction Materials under Trade Agreements. **See Supplementary Conditions** 52.225-13 Restrictions on Certain Foreign Purchases. **See Supplementary Conditions** 52.225-14 Inconsistency between English Version and Translation of Contract. **IBR** 52.225-17 Evaluation of Foreign Currency Offers. **IBR** 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. **IBR** 52.227-1 Authorization and Consent. **See Supplementary Conditions** Alternate I (Apr 1984). **IBR** Alternate II (Apr 1984). **IBR** 52.227-4 Patent Indemnity—Construction Contracts. **See Supplementary Conditions** Alternate I (Apr 1984). **IBR** 52.227-5 Waiver of Indemnity. **IBR** 52.227-10 Filing of Patent Applications—Classified Subject Matter. **IBR** 52.227-11 Patent Rights—Retention by the Contractor (Short Form). **IBR** Alternate I (June 1989). **IBR** Alternate II (June 1989). **IBR** Alternate III (June 1989). **IBR** Alternate IV (June 1989). **IBR** 52.227-12 Patent Rights—Retention by the Contractor (Long Form). **IBR** Alternate I (June 1989). **IBR** Alternate II (June 1989). **IBR** 52.227-13 Patent Rights—Acquisition by the Government. **IBR** Alternate I (June 1989). **IBR** Alternate II (June 1989). **IBR** 52.227-17 Rights in Data—Special Works. **IBR** 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems. **IBR** 52.227-22 Major System—Minimum Rights. **IBR** 52.227-23 Rights to Proposal Data (Technical). **IBR** 52.228-1 Bid Guarantee. **IBR** 52.228-2 Additional Bond Security. **IBR** 52.228-3 Workers’ Compensation Insurance (Defense Base Act). **IBR** 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas. **IBR** 52.228-5 Insurance—Work on a Government Installation. **IBR** 52.228-11 Pledges of Assets. **IBR** 52.228-12 Prospective Subcontractor Requests for Bonds. **IBR** 52.228-13 Alternative Payment Protections. **IBR** 52.228-14 Irrevocable Letter of Credit. **IBR** 52.228-15 Performance and Payment Bonds—Construction. **IBR** 52.229-3 Federal, State, and Local Taxes. **IBR** 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). **IBR** 52.229-6 Taxes—Foreign Fixed-Price Contracts. **IBR** 52.229-7 Taxes—Fixed-Price Contracts with Foreign Governments. **IBR** 52.230-1 Cost Accounting Standards Notices and Certification (JUNE 2000) Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement—Cost Accounting Practices and Certification

(a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

(1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

(2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

(3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

(4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards—Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards…