HSCG24-14-Q-3JC140.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23,24 &30

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG24-14-Q-3JC140

6. SOLICITATION ISSUE

DATE

5/21/2014

7. FOR SOLICITATION

INFORMATION CALL:

Jane Mckenzie

b. TELEPHONE NUMBER (No collect calls) 617-223-3159

8. OFFER DUE DATE/

LOCAL TIME

29MAY2014

9. ISSUED BY:

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

X SET ASIDE 100% FOR

USCG Base Boston 427 Commercial St

Boston MA 02109

Fax quote to 617-223-3145

NAICS: 561790

X SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

OWNED SMALL BUSINESS

13a. THIS CONTRACT IS A 13b. RATING

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SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB RFP

15. DELIVER TO:

CODE

16. ADMINISTERED BY::

CODE

USCG Industrial Production Facility, 65 Trotter Road, South Weymouth MA 02190

Same as block 9 USCG Quality Assurance Inspector:

Mr. Peter Hooper

17a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

TELEPHONE NO.

USCG Finance Center Chesapeake VA 23326

Contractors must have active registration on SAM when quote submitted. Registration is free

FORMCHECKBOX

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED X SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Request for Quote

Contractor to provide all labor, materials, equipment, transportation, and supervision to perform Ultra-high pressure waterjet blasting of buoy surfaces in strict accordance with attached scope of work, Federal Acquisition Regulation (FAR) clauses, and DOL Service Contract Act wage determination 2005-2255 rev 15 Site Visit:

CONTRACTOR DUNS _________________________.

CONTRACTOR TIN

Continued on page 2

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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ARE

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ARE

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ARE NOT ATTACHED

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ARE NOT ATTACHED

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

FORMCHECKBOX

29. AWARD OF CONTRACT: REF OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print) Jane McKEnzie 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

PRESCRIBED BY GSA – FAR (48 CFR) 53.212

Contractors submitting quotes MUST have active registration on System for Award Management (SAM) at time quote is submitted.

For further information and registration, please access www.sam.gov Registration is free.

SITE VISIT:

Site visit is to be scheduled by contacting Mr. Peter Hooper at (781) 341-1373 Note performance period beginning 2 June 2014 with initial performance period 2-13 JUNE 2014.

Also note workdays of 0600-1600 Monday-Thursday

QUOTE Due 29 MAY 2014 Quotes should be faxed to: 617-223-3145.

Solicitation and award are 100% Small Business Set Aside

ULTRA-HIGH PRESSURE WATER JET BLASTING (36,000 – 40,000 PSI) AT INDUSTRIAL PRODUCTION DETACHMENT (IPD) SOUTH WEYMOUTH

1. GENERAL:

1.1 Description of Services/Introduction: This is a non-personnel services contract to provide ultra-high pressure (UHP) water jet blasting services at US Coast Guard Industrial Production Detachment South Weymouth. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who, in turn is responsible to the Government.

1.2 Background: Ultra-high pressure water blasting is a method to remove coatings from steel structures. It is environmentally safe and less labor intensive than grit blasting. It also cleans contaminates from the substrate as compared to grit blasting which pounds contaminates like salt and grease into the bare substrate. When performed correctly, no dust or environmental issues are raised in this process. Due to construction of staging and containment, (total concealment), that are necessary for grit blasting, water jet blasting at this time is the most cost effective process for removing coatings from the exterior surfaces of steel structures.

1.3 Objectives/Scope: Due to material degradation of the blast booth at IPD South Weymouth, UHP water jet blasting capabilities are required to help maintain production levels at the buoy depot. The contractor will be required to UHP water jet blast 600 sf of steel buoy surface per day to a preparation level of SSPC WJ-2 for the duration of the contract. Further details are outlined in section 4 of the PWS.

1.4 General Information

1.4.1 Recognized Holidays: The contractor is not required to work on the following federal holidays:

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.4.2 Hours of Operation: 0600 – 1600 Monday thru Thursday.

1.4.3 Place of Performance: The work to be performed under this contract will be performed at US Coast Guard IPD South Weymouth 65 Trotter Road, South Weymouth, MA 02190. A 30’ x 60’ area will be designated on the premises to allow for set up of the containment area and all buoy preparation work by the contractor.

1.4.4 Type of Contract: The government will award a firm-fixed-price contract as a result of this solicitation. The initial performance period will be for two weeks with option items built in to renew at one week increments for up to four total weeks.

1.4.5 Safety Standards: The Contractor is required to follow 29 CFR 1910 (OSHA General Industry Standard) while performing work at IPD South Weymouth. The Contractor must have an Occupational Health and Safety program addressing the requirements of 29 CFR 1910 as it relates to hydroblasting, and this requirement must be met before contract award. The Contractor must provide personal protective equipment for their employees. Failure of the Contractor employees to comply with the above requirements could result in a shutdown of operations and possible financial penalties or fines. The Contractor shall be responsible for reimbursing the Government for any fines or financial penalties levied against the Government for which the Contractor is found to be at fault. Any injuries must be reported immediately and followed up with a written report to the COR.

1.4.6 Contracting Officer’s Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform only those functions designated in the letter issued by the Contracting Officer. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.4.7 Key Personnel: On site supervisors of the water blasting Contractor shall have, at a minimum, 36 months of marine coatings removal experience. The Contractor shall have designated personnel with a minimum of 12 months experience in the repair and maintenance of water blasting equipment. The ability and experience of the above personnel shall be provided to the Government with the proposal.

1.4.8 Damage to Government Property: The Contractor shall be held responsible for damage done to Government property by water blasting. The Contractor shall provide protective coverings on all vulnerable equipment and surfaces; it shall be the responsibility of the Contractor to ensure that the covering is adequate for adjacent water blasting. If there are doubts as to the adequacy of the coverings, this must be brought to the attention of the COR.

2. GOVERNMENT FURNISHED ITEMS AND SERVICES:

2.1 Services: The Government shall provide material handling services to load and unload Contractor machinery and for set up of equipment. The Contractor shall provide 24 hour notice to the Government of the need for material handling services. The Government shall also provide buoy handling services to include providing dollies for ease of buoy movement and buoy movement to and from containment area. The Contractor shall provide 1 hour notice to the Government of the need for buoy handling services.

2.2 Utilities: The Government will provide water for the Contractor as defined herein. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

2.2.1 Water: The Government shall provide a source of water for Contractor machinery. The Contractor shall be responsible for ensuring that their water hookup connections are compatible with the IPD South Weymouth’s water sources. The water source is no greater than 200 ft from the designated work area.

2.3 Buoy Appendage Removal: The Government shall remove all appendages, (e.g. bell stands, battery boxes, gong stands, tappers, etc), in addition to covering all threaded surfaces prior to delivering a buoy to the contractor for UHP water jet blasting.

3. CONTRACTOR FURNISHED ITEMS, SERVICES, AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract other than those explicitly addressed in Section 2 of this PWS. The Contractor shall have enough equipment and labor to ensure that they can prepare 600 sf of buoy surface per day. In order to meet this requirement, the Contractor may be required to work on multiple buoys per day. The work will be restricted to the containment area erected by the Contractor. The Contractor shall report to the designated work site within 24 hours after written notification by the Contracting Officer in the form of a signed contract to begin containment construction, staging of equipment/personnel for UHP water jet blasting. No other individual has the authority to direct the Contractor to begin work other than the warranted Contracting Officer.

3.2 Services: The Contractor shall provide their own means for setting up and moving their equipment and staging. If forklifts are required, the Contractor shall provide proof of forklift training for all employees required to operate forklifts.

3.3 Utilities: Due to the age and material condition of electrical services on site, the Contractor is required to provide their own means of generating power.

3.4 Materials: The Contractor is required to provide storage tanks for process water. If poly tanks are utilized to hold wastewater, the poly tanks must be double-walled and have all metal fittings. All tanks and fittings regardless of construction must be in good condition and free of leaks. The COR shall inspect the tanks periodically to ensure compliance. All connections, hatches, and manholes on the Contractor’s storage tanks must be locked. All tanks or drums shall be labeled as to contents and ownership with a 24 hour emergency number clearly marked on each. Whether the tanks or drums are hazardous waste, DOT hazardous material or other materials does not matter. For example: tanks holding hydroblast water shall be marked “Non-Potable water, ABC Contracting, 800-555-1212”; tanks holding diesel fuel shall be marked “Diesel Fuel, ABC Contracting, 800-555-1212.” The tank placement shall be coordinated with the COR. Tanks, (except water), and all 55 gallon drums of any liquids must be provided with secondary containment to contain 100% of total tank capacity. Double wall tanks are acceptable up to 12,000 gallons.

3.5 Equipment: The Contractor shall, throughout the performance of this contract, be in possession of fully functioning water jet blasting equipment in good condition. The equipment may be owned or leased by the contractor and the demonstrated ability to own or lease the equipment must be indicated in the contract proposal.

3.5.1 Manlifts: The Contractor is responsible for providing manlifts and operators. The Contractor shall provide proof of manlift training for employees required to operate manlifts.

3.6 Fuel: The Contractor is required to refuel all Contractor owned or leased equipment. During refueling, Contractor supplied spill material must be at the refueling location and any leaks that occur must be cleaned up by the Contractor. Any spills must be reported immediately to the COR.

3.7 Water and Water Disposal: The Contractor shall be responsible for all water generated in the water jet blasting process. This also includes but it not limited to all potable water, tap water, and rain water that accumulates in the containment area. The Contractor is responsible for all fees accrued in the recycling of processed water, cooling water, and disposal of sludge and slurry. The Contractor shall vacuum or otherwise collect 100% of the water. The contractor shall reuse the collected water or remove and dispose at a permitted treatment/disposal facility. The Contractor is responsible for the disposal of all process water, paint chips, and paint pigment slurry off site. All waste and solids generated by the hydroblasting process shall be the responsibility of the Contractor and must be removed to a permitted disposal facility. The disposal facilities must have a permit to treat the water and dispose of all process generated wastes. The verification of the disposal facility permits must be provided to the COR and approved in writing prior to disposing of the water or wastes. A manifest of each load removed for disposal shall be provided to the COR with the disposal facilities utilized not on the report. Prior to disposing of the first batch of waste water, the contractor shall test the water in accordance with TCLP RCRA8 Metal Test standards to determine if the water is hazardous in nature. Test results shall be provided to the COR prior to the water leaving the premises.

3.8 HW Disposal: The Contractor shall be responsible for all hazardous wastes generated by work under this contract. Label and package all hazard wastes in 49 -approved containers, and in accordance with all other applicable Federal, state, and local laws and regulations. In addition, comply with applicable parts of 40 262, applicable to handling of hazardous wastes.

3.8.1 Along with the Government, the Contractor shall be contractually considered the co-generator of all hazardous wastes; be aware that the Government will make available its facility’s EPA Generator Identification (ID) Number for manifesting of hazardous wastes.

3.8.2 The Contractor shall identify, arrange, and be responsible for the turnover of all hazardous wastes, within the confines of the Coast Guard shore facility, to the facility’s HM/HW Coordinator.

3.8.3 The Contractor shall prepare a manifest of hazardous waste to be reviewed and signed by the HM/HW Coordinator. Contact the HM/HW Coordinator for turnover of any hazardous waste; in addition, notify the COR 24 hours prior to any waste removals, and ensure that waste removals are conducted during normal business hours

(0800-1600) on Monday through Thursday (excluding holidays).

3.8.4 The Contractor shall be aware of the following:

3.8.4.1 No Contractor or Subcontractor shall have the authority to sign a hazardous waste manifest using the facility’s EPA Generator ID Number or remove contract generated hazardous waste from the Coast Guard facility without COR or KO-approval.

3.8.4.2 Local environmental regulations at the Government facilities may be more stringent than in many jurisdictions. As with all environmental regulations, it is the Contractor's responsibility to research, prepare for, and comply with, the local and state regulations.

3.9 Contractor’s Responsibility for condition of Contractor Owned/Leased Equipment: The Contractor’s trucks and equipment shall be maintained in an operable condition and meet all Federal, State of Massachusetts, and local safety requirements. The Contractor’s equipment must be maintained in a manner which does not permit oil to leak from the equipment when stationary or in use. Any equipment which does not meet this minimum operational standard may be removed from IPD South Weymouth by the COR at no cost to the Government.

4. SPECIFIC TASKS

4.1 Basic Services:

4.1.1 Containment: The Contractor shall provide, install, and maintain containment to capture 100% of process water, paints, and other solids during the blasting operation. The containment shall be watertight from the start until the conclusion of the project. Within 24 hours of completion of the project, hydroblasting material within the containment area shall be removed; however, no containment shall be removed without first receiving authorization from the COR. Once COR approval has been received, the containment materials shall be demobilized. If containment is breached in any manner it shall be reestablished immediately. If the containment cannot be reestablished immediately work shall be halted at no cost to the government, until the containment is reestablished. No processed water, recycled water, or cooling water that is generated by Contractor pumps and equipment may be discharged into the IPD South Weymouth sanitary sewer or storm water management system. The Contractor shall make allowances for high wind conditions that could blow water and paint chips out of the containment. Inspection of the containment shall be conducted by the Contractor as an ongoing process before, during, and after water blasting to ensure its integrity. The containment shall be inspected and deemed acceptable by the COR. The containment must allow for transportation of buoys in and out of the containment area without allowing process water to escape, as well has accommodate up to 21,000 lbs. (Note: The ground surface is asphalt in the designated work area. Due to porosity of the material, the ground must be protected in order to capture all water.)

4.1.2 Clean-up and Disposal: The Contractor shall ensure that the containment area is vacuumed on an ongoing basis and at the end of each workday to prevent overflow. If work areas are not cleaned up correctly work shall stop and be reduced to clean up only.

4.1.3 Ultra-High Pressure Water Jet Blasting: The contractor shall prepare 600 sf of steel buoy surface per day to the SSPC WJ-2 preparation standard. The SSPC WJ-2 preparation standard is defined as a surface cleaned to a matte finish with at least 95% of the surface area free of all previously existing visible residues and the remaining 5% containing only randomly dispersed stains of rust, coatings, and foreign matter. A rough order estimate of surface area of all aids that the contractor could potentially work on is contained in Table 1 below.

4.1.4 Flash Rusting/Surface Oxidation Limitations: If flash rusting or oxidation does occur before delivery to the Coast Guard, the rust must be tight and adherent, and not exceed the “WJ-2/L” (Very Thorough or Substantial Cleaning, Light Flash Rusting) or “WJ-2/M” (Very Thorough or Substantial Cleaning, Moderate Flash Rusting) requirement as specified in Appendix A or B, in accordance with SSPC VIS 4/NACE No.7.

4.1.5 Surface Profile Measurements: Measure the profile of the resultant bare surfaces (3 measurements per buoy), in accordance with ASTM D4417, Method A or C and provide the Coast Guard a digital log of profile readings from every buoy indexed by buoy serial number.

Table 1: ROE of Buoy Surface Area

5. APPLICABLE PUBLICATIONS

5.1 The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures in this PWS including:

G-SEC Drawing 121151

G-SEC Drawing 121137

G-SEC Drawing 121130

G-SEC Drawing 120976

G-SEC Drawing 121129

G-SEC Drawing 121152

G-SEC Drawing 121158

G-SEC Drawing 121109

G-SEC Drawing 121108

G-SEC Drawing 121111

G-SEC Drawing 121110

G-SEC Drawing 121113

G-SEC Drawing 121112

G-SEC Drawing 121028

G-SEC Drawing 121164

G-SEC Drawing 120990

G-SEC Drawing 121174

G-SEC Drawing 121175

G-SEC Drawing 121176

Coast Guard Coatings and Color Manual COMDTINST M10360.3C

Coast Aids to Navigation Manual – Technical COMDTINST M16500.3A

29 CFR 1910

All applicable Federal, State, and Local Laws and Regulations

ADDENDUM

The following clauses are some of the Federal Acquisition Regulation clauses which govern this contract are provided in their entirety.

FACSIMILE PROPOSALS (OCT 1997) FAR 52.215-5

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of facsimile receiving equipment is (617) 223-3145.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance o the essential requirements of the solicitation cannot be ascertained from the document ---

(1) The Contracting Officer shall immediately notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror, and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal

The following clauses are some of the Federal Acquisition Regulation clauses which govern this contract are provided in their entirety.

52.223-4 Recovered Material Certification.

As prescribed in 23.406(c), insert the following provision:

Recovered Material Certification (May 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of provision)

52.236-5 Material and Workmanship.

As prescribed in 36.505, insert the following clause:

Material and Workmanship (Apr 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of clause)

52.236-6 Superintendence by the Contractor.

As prescribed in 36.506, insert the following clause:

Superintendence by the Contractor (Apr 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

(End of clause)

52.236-7 Permits and Responsibilities.

As prescribed in 36.507, insert the following clause:

Permits and Responsibilities (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause)

52.236-8 Other Contracts.

As prescribed in 36.508, insert the following clause:

Other Contracts (Apr 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

(End of clause)

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

As prescribed in 36.509, insert the following clause:

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

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(End of clause)

52.236-12 Cleaning Up.

As prescribed in 36.512, insert the following clause:

Cleaning Up (Apr 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of clause)

52.236-13 Accident Prevention.

As prescribed in 36.513, insert the following clause:

Accident Prevention (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of clause)

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall—

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety p

52.228-5 Insurance—Work on a Government Installation.

As prescribed in 28.310, insert the following clause:

Insurance—Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies av ailable to the Contracting Officer upon request.

(End of clause)

52.237-1 Site Visit.

As prescribed in 37.110(a), insert the following provision:

Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

As prescribed in 47.207-7(c), insert the following clause in solicitations and contracts for transportation or for transportation-related services:

Contractor Liability for Personal Injury and/or Property Damage (Apr 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of clause)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

As prescribed at 25.1103(d), insert the following provision:

Prohibition on Conducting Restricted Business Operations in Sudan—Certification (Aug 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(End of provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

As prescribed at 25.1103(e), insert the following provision:

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Dec 2012)

(a) Definitions. As used in this provision—

“Person”—

(1) Means—

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (HSAR 3052.209-70)

(JUN 2006) (PERMANENT DHS CLAUSE DEVIATION)

a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent' for ‘at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland

Security Act, 6 USC 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions) --

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held --

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity;

or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection

(b)(1) of Section 835 of the Homeland Security Act, 6 USC 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 USC 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that (check one):

___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473;

___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or, ___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

As prescribed in 4.1403(a), insert the following clause:

Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long-term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.