RFQ_HSCG24_16_Q_PGF026.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable

Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting

Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent

Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131) U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL 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

HSCG24-16-Q-PGF026

6. SOLICITATION ISSUE

DATE

4/7/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JANE.MCKENZIE@USCG.MIL

b. TELEPHONE NUMBER (No collect calls)

617-223-3159

8. OFFER DUE DATE/

LOCAL TIME

20 APR 2016

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS

EDWOSB 238330

SERVICE-DISABLED

VETERAN-OWNED

SIZE STANDARD:

SMALL BUSINESS 8 (A) $15.0 MILLION

COMMANDING OFFICER

USCG BASE BOSTON

427 COMMERCIAL ST

BOSTON MA 02109

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

USCG SECTOR NEW YORK

FT WADSWORTH, STATEN ISLAND NY 10305

SAME AS BLOCK 8

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

COMMERCIAL INVOICES, USCG FINANCE CENTER,

PO BOX 4115, CHESAPEAKE VA 23327-4115

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1 CONTRACTOR TO PROVIDE ALL LABOR, MATERIALS,

EQUIPMENT, TRANSPORTATION, AND SUPERVISION

TO FURNISH AND INSTALL CARPET AND PADDING

IN VARIOUS USCG OWNED FAMILY HOUSING APTS

LOCATED AT USCG SECTOR NEW YORK,

FT WADSWORTH, STATEN ISLAND NY 10305

IN STRICT ACCORDANCE WITH

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)

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

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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:JANE.MCKENZIE@USCG.MIL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SPECIFICATION SECNY-0525, DRAWINGS

SECNY-0525A, B, C, D, FEDERAL ACQUISITION

REGULATION (FAR) CLAUSES, AND DOL

SERVICE CONTRACT ACT WAGE DETERMINATION

FOR RICHMOND COUNTY NY CARPET LAYER

#23140

SITE VISIT:

0930 ON THURSDAY 14 APRIL 2016

ASSEMBLE AT 311 BATTERY

ROAD,

FT WADSWORTH, STATEN ISLAND NY

10305 WITH PHOTO ID

QUOTE DUE: 20 APRIL 2016

FAX QUOTE TO: 617-223-3145 OR EMAIL TO:

JANE.MCKENZIE@USCG.MIL

CONTRACTOR MUST HAVE ACTIVE

REGISTRATION IN SYSTEM FOR AWARD MGT IN

ORDER TO RECEIVE AWARD .

FOR FURTHER INFORMATION AND REGISTRATION

PLEASE ACCESS WWW.SAM.GOV

REGISTRATION IS FREE

**CONTRACTORS SUBMITTING QUOTE MUST

SUBMIT PAGE 1 AND 2 OF SF 1449 AND ALSO THE

HSCG24-16-Q-PGF026 QUOTE SHEET INCLUDING

CARPET/PADDING INFO FAILURE TO SUBMIT

THESE ITEMS MAY CAUSE QUOTE TO BE DEEMED

NON-RESPONSIVE.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

http://www.sam.gov/

QUOTE SHEET HSCG24-16-Q-PGF026 NO CONTRACTOR PERSONNEL CAN REMAIN IN APTS

OVERNIGHT

PROJECT: SECNY-0525 UNIT TOTAL

ITEM DESCRIPTION UNIT QTY PRICE AMOUNT

QUOTE:

0001 2 BEDROOM APTS. EA 4 $_____ $ _

950 SQ FT

0002 3 BEDROOM APTS. EA 3 $_____ $ _

1900 SQ FT

0003 4 BEDROOM APTS. EA 6 $_____ $ _

1900 SQ FT

0003 4 BEDROOM APTS. EA 1 $_____ $ _

CONVERTED 1900 SQ FT

(AMOUNT MUST EQUAL THE SUM OF

THE SUBLINE ITEMS (0001 THROUGH 0004) $_ ____

Carpet and padding to be installed by contractor:

Manufacturer, style number, weight:

CONTRACTOR INFO NAME AND ADDRESS

SIGNATURE: ____________________________________________

DUNS: __________________________

TIN: ___________________________

UNITED STATES COAST GUARD

SECTOR NEW YORK

STATEN ISLAND, NEW YORK

INSTALLATION OF CARPET

IN

VARIOUS FAMILY HOUSING APARTMENTS

AT

US COAST GUARD, SECTOR NY

STATEN ISLAND, NEW YORK

PREPARED BY

SECTOR NEW YORK

ENGINEERING DIVISION

SPECIFICATION NO. SECNY-0525

TABLE OF CONTENTS

PAGES

DIVISION 1 GENERAL

SECTION 01000 – GENERAL REQUIREMENTS 4

DIVISION 9 FINISHES

SECTION 09680 CARPET 3

DRAWING NO. SECNY- 0525 – A, B, C, D 4

SECNY-0525

DIVISION 1

SECTION 01000 - GENERAL REQUIREMENTS

1. SCOPE

The work includes providing all labor, material, and equipment necessary to furnish and install carpet and padding in various family housing apartments as indicated herein.

2. LOCATION

The site of the proposed work is located at the U S Coast Guard, Sector NY Family Housing at Fort

Wadsworth, Staten Island, New York.

3. SITE VISIT

Bidders are urged to visit the site prior to bidding.

SITE VISIT: 0930 EDT on 14 APRIL 2016 at 311 Battery Road, Ft. Wadsworth, Staten Island, New York

4. PRE-CONSTRUCTION MEETING

Prior to commencement of work, a pre-construction meeting will be arranged at a convenient date after contract has been awarded. The location and time will be given to the contractor.

5. REFERENCED DOCUMENTS

All publications, specifications and standards cited herein form a part of this specification to the extent indicated by the reference thereto. The issue in effect on the date of issuing the Invitation for Bids, unless otherwise indicated, shall apply.

6. INTENT OF SPECIFICATIONS

The intent of the specifications is to provide for the completion of the work in every detail described herein and includes all incidental and related work and services. The contractor shall have adequate plant to mobilize his forces, equipment and materials as may be reasonably required to complete the work in accordance with specifications and terms of the contract.

7. SUBMITTALS

The contractor shall submit all descriptive and technical literature to be used in this project for approval as required. Evidence of meeting referenced Specifications and Standards shall also be submitted. Contractor shall not proceed with the work until all submissions are approved. All submittals shall be within 5 days of award date.

8. INSPECTION

The Government will have an inspector on the site. The contractor shall fully inform the Government

Inspector of day to day activities and plans 48 hours in advance of work. At the start of each days work the contractor shall check in with the Government inspector to pick up the keys to apartments and discuss the days schedule and verify location. Installer shall have a seam plan for the apartment to be worked on.

9. HOURS OF WORK

All construction operations shall be performed between the hours of 7:30 AM and 5:30 PM local time, Monday through Friday inclusive. If the contractor desires to carry on work outside of these hours or on

Saturday, Sundays or holidays, he shall apply for approval at least 72 hours in advance. No work outside the regular hours established above shall be undertaken without approval.

10. COORDINATION WITH COAST GUARD AND OTHER CONTRACTORS

Other projects may be in progress at the same time. In the event of such conflicts, arrangements will be made to coordinate all activities between other contractors or Coast Guard personnel.

11. OPERATION OF GOVERNMENT FACILITIES

The facility may have Government personnel working on certain areas during the execution of the contract. The Coast Guard will keep interference with the contractor’s operation to a minimum. However, the contractor shall take precautions to see that no debris, materials, equipment or personnel shall endanger the safety of Coast Guard or other personnel working in the area.

12. PROGRESS SCHEDULE

Prior to the commencement of work, the contractor shall submit work schedules indicating the planned starting and completion dates for all work items. No work shall start without approval of the work schedule. The contractor/installers shall check in with the Contracting Officer’s Representative (COR) in person each day prior to the start of work to discuss the work to be performed and verify location.

13. MATERIALS APPROVALS

Catalog cuts and other information shall be submitted by the contractor as required herein, and as necessary to secure approval of the materials and methods to be incorporated into the work. Two copies of catalogs and other printed information shall be submitted. One copy of printed matter will be returned to the contractor for his use. Submittals shall be made within 5 days after receipt of award.

14. METHODS OF MATERIALS QUALIFICATIONS

To demonstrate that the materials to be used in this project conforms to these specifications, the contractor may pursue any of the following:

a. Certificates of compliance with specification requirements signed by an authorized officer of the manufacturer or processor of approved trade association involved. Such certificates shall show the name and address of the contractor and the name and location of the project. The certificate shall be accompanied by all supporting product data so that adequate evaluation by the Government can be made.

b. Labeling by the manufacturer on unbroken/unopened containers.

Official marking or labeling by recognized grading organization or national code association indicating compliance.

15. TEMPORARY UTILITIES AND CONTROLS

Temporary utilities (e.g., electricity and water) will be provided by the Government at no cost to the contractor. The contractor shall provide and remove at no cost to the Government, all additional equipment and other apparatus necessary to serve the work site. The Government makes no guarantee as to quality, quantity or continuity of such services.

16. TOILET FACILITIES

The contractor may use toilet facilities as indicated by the Contracting Officer’s Representative and shall not use apartment facilities.

17. REMOVALS

All rubbish and trash created as a result of fulfilling these specifications shall be removed from the site daily at contractor’s expense. Hazardous materials shall become the property of the contractor and shall be removed from the site at contractor expense. No flammable materials shall be left inside the buildings overnight.

18. DELIVERY STORAGE AND HANDLING

Deliver materials to the job site in the manufacturer’s sealed and undamaged containers or wrappings.

Damaged materials shall not be used.

19. CLEANUP

Contractor shall remove all scraps, debris generated by this operation by the end of each working day.

Equipment or material (removed or new) shall not be stored in hallways or stairways. After carpet is completely installed it shall be vacuumed completely. There shall be no carpet lint, cuttings, scraps or remnants left in any area of the apartments, balconies, halls or stairwells.

20.0 SMOKING

Contractor/employees shall not smoke cigarettes, cigars, and/or pipes in the apartments and common areas of the building. Smoking outside the building will be permitted in designated exterior areas. Contractor shall be responsible for maintaining a clean environment in the designated area.

21. PROTECTION OF EXISTING STRUCTURES, UTILITIES AND WORK

The contractor shall supply and maintain protective measures against damage to existing structures, utilities or interruption of any service. Failure to do so may result in cessation of all work. All damages or interruption of utility services resulting from failure to take necessary precautions shall be repaired or restored, at no additional cost to the Government.

22. MEASUREMENTS

All dimensions shown are approximate. The contractor is responsible for all measurements and quantities required. Prior to delivery of any materials to the job site, the contractor shall visit and measure each apartment to verify exact quantities required to complete the work in accordance with the requirements stated herein.

23. QUANTITIES REQUIRED

1. 2 Bedroom Apt Total floor area = 950 SF Required 4 Each

2. 3 BR Apt Total floor area = 1900 SF Required 3 Each

3. 4 BR Total floor area = 1900 SF Required 6 Each

4. 4 BR Apt (converted) Total floor area = 1900 SF Required 1 Each

Note: The total floor area indicated above includes the entire area of the apartment, including non-carpeted areas.

There may be several weeks delay between installations and the work may extend for as much as 6 months duration or longer. The Coast Guard reserves the right to determine the order in which the apartments are carpeted.

24. WORK SCHEDULE

There may be a delay of several weeks or more before carpeting can be installed in some units.

24.1 Time For Completion (Housing apartments)

Upon verbal or written notification to replace carpet in an apartment, the contractor shall start work within 2 days notice and complete the installation of broadloom carpet in accordance with the following time frames.

a. 2 Bedroom Apartment: 1 Day

b. 3 Bedroom Apartment: 2 Days

c. 4 and 5 Bedroom Apartment: 2 Days

When Multiple Apartments are ordered:

Example: 1. Contractor is ordered to carpet one 3-bedroom and one 4-bedroom apartment. Both apartments shall be completed in (3) days as per an approved schedule.

Note: The contractor may be required to work 3 or more apartments at one time requiring multiple crews.

Maximum time allowed for 3 apartments is 4 days.

SECTION 09680- CARPETING

1. 0 GENERAL

1.1 SUBMITTALS

Submit in accordance with section 01000. Materials requiring submittals are:

A. Product Data: Submit manufacturer’s product literature and installation instructions for each type of carpeting material and installation accessory required.

B. Samples

Submit manufacturer’s standard size samples showing full range of colors, textures and patterns (including full pattern repeat) available for type of carpet required.

Submit samples of each type of transition piece and accessory item. Colors shall be compatible with carpet furnished. Submit sample of jute padding.

C. Shop Drawings: Submit a seaming diagram, showing each area to be carpeted and location of all seams, molding and edge strips.

D. Certification

1. Submit manufacturer’s certificate stating all materials are asbestos-free and lead paint-free.

2. Submit manufacturer’s certificate stating that materials furnished comply with specified requirements. Include supporting independent certified laboratory testing data indicating that material meets specified test requirements.

2.0 MATERIALS

2.1 CARPET BROADLOOM AND PADDING

Carpet shall be 100% nylon carpet meeting the specifications listed herein. Carpet shall be installed on 40

oz. Jute. All carpet used in an apartment shall be from the same dye lot.

2.2 CARPET SPECIFICATIONS

a. Construction Cut Pile

b. Gauge 1/10

c. Pile height 0.201 inches minimum

d. Pile Yarn Content Filament 100% nylon

e. Pile weight 30.0 oz per square yard min.

f. Total weight 66.0 oz per square yard min.

g. Total Thickness .36

h. Width 12 feet i.. Backing material Woven Polypropylene

j. Secondary backing Woven Polypropylene

k. Stitches per inch: 10 Minimum

l. Density 5300 oz./cu yd min

m. Weight Density: 161,190 oz./cu. Yd. min.

n. NBS Smoke chamber Test Less than 450 (flaming)

o. Static (AATCC 134) Under 3.5 KV

3.0 EXECUTION

3.1 Carpet shall be installed in accordance with the Carpet and Rug Institute standard Carpet installation

Standard 2011 for installation of residential carpet, this specification, and in accordance with manufacturer’s recommendations.

3.2 The installation crew shall have in their possession a copy of the floor plan which indicates the installation location, limits of the carpet installation and the location of all seams and transition pieces. This plan shall be presented to the COR prior to starting work.

3.3 Remove all existing carpet and padding from the areas indicated on the drawings and dispose of by recycling. Contractor shall furnish proof, (letter from the company recycling the carpet), stating:

(A) Where the removed carpet came from. (i.e., US Coast Guard Housing, Ft Wadsworth).

(B) Approximate quantity (weight/square yards) received for recycling.

(C) Certifying that removed carpet is shipped to a facility that recycles carpet and will not be sent to a land fill.

(D) The contractor shall indicate in a cover letter which apartments the carpet came from.

3.4 The contractor shall remove and dispose of existing carpet padding off site in accordance with Federal and

Local regulations.

3.5 Contractor shall furnish and install, wall to wall Jute (40 oz.) felt natural or man-made underlay padding prior to the installation of the carpet.

3.6 Carpet shall be installed with the minimum amount of seams possible in accordance the approved seam plan and as indicated on drawings SECNY-0525-A-B-C-D. No small patch pieces will be accepted. All closets that are presently carpeted shall receive new carpet. There may be some areas that are covered with

VCT. The floor plans will indicate if these areas get covered with new carpet.

3.6.1 Carpet shall be laid in one direction in accordance with industry standards. Individual areas shall be full pieces such as rooms, hallways, closets. If more than one piece is needed for a area the additional piece shall be a full continuously run piece, i.e. no cross splices.

3.7 Comply with carpet manufacturer’s written installation instructions for preparing substrates indicated to receive carpet installation.

3.8 Wood: Patch all surface irregularities and seal with wood sealer as recommended by carpet manufacturer. Perform installation in accordance with manufacturer’s instructions.

3.8.1 Comply with manufacturer instructions for direction of carpet. Unless otherwise noted on drawings align pattern and pile in the same direction, parallel to the centerline of the area or room.

3.8.2 The contractor shall remove saddles and moldings and replace same. Furnish and install all transition pieces where carpet meets dissimilar materials, which shall consist of a two-piece element having a metal strip with a vinyl top strip.

ADDENDUM

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)

52.225-25 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— https://www.acquisition.gov/far/current/html/Subpart%2025_11.html#wp1078076

“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.

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)

(End of provision)

HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (Jun 2006).

(a) Prohibitions.

Homeland Security Act, Section 835 of the Homeland Security Act, 6 U.S.C. 395 would be, treated as a foreign corporation for purposes of the Internal Revenue http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2025_7.html#wp1077997 http://www.treasury.gov/ofac/downloads/t11sdn.pdf https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169071 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169193 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169584 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1184786 https://acquisition.gov/far/current/html/Subpart%2025_11.html#wp1078076 http://uscode.house.gov/

Code of 1986.

held— 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

U.S.C. 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 after the date of enactment of this Act and 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 purpose of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 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 3009.104-73;

__it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria (HSAR) 48 CFR 3009.104-70 through 3009.104-73, 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 (HSAR) 48 CFR 3009-.104-70 through 3009.104-73, but 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.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for

Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily;

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 http://www.acquisition.gov/ or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“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.

“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)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically…