RFP HSCG87-10-R-3EFK02.pdf

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard 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 General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address below:

Commandant (CG-9131) U.S. Coast Guard Headquarters

Acquisition Planning and Performance Measurement 1900 Half St. SW, JR11-0203 Washington, DC 20593

Telephone: (202) 372-3695 Fax: (202) 475-3904

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD SEALED BID (IFB)

(Construction, Alteration, or Repair) HSCG47-10-R-3EFK02 NEGOTIATED (RFP) 02 /18 /2010 1 of 37 IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

HSCG47-10-C-3EFK02 CONSTRUCTION

7. ISSUED BY CODE : 8. ADDRESS OFFER TO

CONTRACTING DIVISION, USCG CONTRACTING DIVISION, USCG

FACILITIES DESIGN & CONSTRUCTION CENTER (ATLANTIC) FACILITIES DESIGN & CONSTRUCTION CENTER (ATLANTIC)

5505 ROBIN HOOD ROAD, SUITE K 5505 ROBIN HOOD ROAD, SUITE K

NORFOLK, VIRGINIA 23513-2431 NORFOLK, VIRGINIA 23513-2431

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (include area code) (NO COLLECT CALLS)

CALL: RICHARD J. GARRISON (757) 852-3416 FAX (757) 852-3495

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

DESIGN AND CONSTRUCT THE WATERFRONT BULKHEAD REPAIRS AT U. S. COAST GUARD STATION INDIAN RIVER, REHOBOTH BEACH, DELAWARE, Provide all materials and services necessary to perform all work in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings, as set forth in Section A, Page 3.

THIS IS A NEGOTIATED BEST-VALUE LOWEST PRICE TECHNICALLY ACCCEPTABLE (LPTA) PROCUREMENT (See Section M.)

THIS PROCUREMENT IS 100% SET-ASIDE FOR HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE) SMALL BUSINESS CONCERNS. (See Clause 52.219-3 in Section I (page 18) for additional information.) THERE WILL NOT BE A PUBLIC BID

OPENING.

Effective October 1, 2003, all Coast Guard vendors must be registered in the Central Contractor Registration (CCR) database PRIOR TO AWARD in order to receive payments by Electronic Funds Transfer. For more information or to register online, visit the CCR website: http://www.ccr.gov or call the U. S. Coast Guard Finance Center Customer Service line at (757) 523- 6940.

THIS PROJECT WILL BE AWARDED USING AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS.

CAUTION TO OFFERORS: Offerors are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve offerors from the responsibility for estimating properly the difficulty or cost of successfully performing the work.

11. The Contractor shall begin performance within 14 calendar days after receiving award. The performance period is detailed in Section F, paragraph F.1.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS (If “Yes”, indicate within how many calendar days after award in Item 12B.)

YES NO Performance and Payment bonds must be approved prior to commencement of work (See Section L) 10

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Proposals (Original plus TWO copies) are due at the place specified in Item 8 by 4:00 p.m. Eastern Standard Time on 04/06 /2010.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subjects to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA NSN 7540-01-155-3212 1442-102 FAR (48 CFR) 53.235-1(d) http://www.ccr.gov/

OFFER (Must be fully completed by offeror) HSCG47-10-R-3EFK02 PAGE 2 OF 37

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

DUNS NUMBER: (Must be filled in)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if the offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re-quirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SECTION B

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE (Type or print)

AWARD (To be completed by Government)

21. ITEM ACCEPTED:

CONTRACT COMPLETION DATE:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

(4 COPIES UNLESS OTHERWISE SPECIFIED) 26 10 U.S.C.2304(c) ( 5 ) 41 U.S.C.253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING DIVISION, USCG

FACILITIES DESIGN & CONSTRUCTION CENTER, ATLANTIC SAME AS BLOCK NO. 26

5505 ROBIN HOOD ROAD, SUITE K

NORFOLK, VIRGINIA 23513-2431

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.) Your offer document and return 4 copies to issuing office.) Contractor agrees on this solicitation is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work requirements identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print) TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD

DATE

BY

GPO : 1985 O - 469-796 STANDARD FORM 1442 BACK (REV.4-85)

HSCG47-10-R-3EFK02

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X) SECT DESCRIPTION PAGES(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 1-3

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4

X C DESCRIPTION/SPECS/WORK STATEMENT 5

X D PACKAGING AND MARKING 6

X E INSPECTION AND ACCEPTANCE 7

X F DELIVERIES OR PERFORMANCE 8

X G CONTRACT ADMINISTRATION DATA 9

X H SPECIAL CONTRACT REQUIREMENTS 10-13

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 14-25

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 26

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

27-32

X L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFEROR

33-35

X M EVALUATION FACTORS FOR AWARD 36-37

The estimated cost of this project ranges between $5,000,000 and $10,000,000.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

1. BASE BID ITEM

Provide all materials, equipment and services to design, prepare construction documents, and construct the waterfront bulkhead repairs consisting of removal and replacement of waterfront steel sheet pile bulkhead, removal and disposal of existing backfill, sidewalks, security fence, hand railing, paving, site lighting, electrical shore-ties and timber fendering at the USCG Station Indian River, Rehoboth Beach, Delaware.

ONE JOB $________________

The Government will review the technical and price proposals of all offerors. Evaluations will be conducted in accordance with FAR Part 15 and the evaluation criteria set out in Section M – Evaluation Factors For Award.

The Congress in authorizing and funding this project has established certain cost limitations for the project. No award can be made for the design and construction of this project which with allowances for government imposed contingencies and overhead exceeds the statutory authorization. The amount available for the design and construction is approximately $7.3 million dollars. Proposals whose price for design and construction exceed the funds available may be rejected. This project will be an American Recovery and Reinvestment Act (ARRA) funded project.

SECTION C

DESCRIPTION/SPECIFICATIONS

C.1 Specifications entitled WATERFRONT BULKHEAD REPAIRS USCG STATION INDIAN RIVER, REHOBOTH BEACH, DELAWARE, PROJECT # 05-635734, in one copy and listed as an attachment under Section J.

The project acquisition strategy is a for a competitive HUB Zone, Best Value negotiated procurement utilizing the authorized Lowest Price Technically Acceptable Source Selection Processes prescribed in FAR 15.101-2. The acquisition is for the design and construction of Waterfront Bulkhead Repairs at the U. S. Coast Guard Station Indian River, Rehoboth Beach, Delaware. The Base Bid Item includes. :

Construction of new sheetpile bulkhead system Soil excavation and disposal, dismantling and disposal of the existing wall Additional toe armor stone, new shoreside sidewalk, New concrete paving on the west and north side of the boat basin Replace the timber fendering/wales around the existing boat basin and cleats Replace three electrical shore ties located on the east side of the boat basin New area illumination, new fencing, new boat electrical shore tie and new handrails

SECTION D

PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries

SECTION E

INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

(a) The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 391 calendar days after the contractor receives the notice to proceed..

The time stated for completion shall include final cleanup of the premises.

F.2 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12) (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $701.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15) (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Materials, samples, drawings, etc., shall be submitted on "Material Approval Request" form (FDCC LANT REV.

10-90). See Section 01330 of Specification 05-635734.

G.2. AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

Mr. Steve Allen is the Contracting Officer's Technical Representative for the purpose of day-to-day technical administration/inspection of all work under the contract. This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the above named person authorized to approve any changes which will involve the quantity, quality, price or performance of the contract.

Mr. Dan Myers is the representative of the Contracting Officer for the purpose of inspection of work under the contract. The Contractor is cautioned that in no instance is the above named person authorized to approve any changes, which will involve the quantity, quality, price, or performance of the contract.

Ms. Donna E. Miller of the Contracting Division, U.S. Coast Guard, Facilities Design & Construction Center (Atlantic), 5505 Robin Hood Road, Suite K, Norfolk, VA 23513-2431, telephone number (757) 852-3422, is the Contracting Officer Administrator/Negotiator for this contract and Mr. Richard J. Garrison, telephone number

(757) 852-3416, will also be participating in the administration of this contract. All matters related to performance of this contract shall be coordinated through them.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 WARRANTY OF CONSTRUCTION (FAR 52.246-21)(MAR 1994) ALTERNATE I (APR 1984)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph

(j) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of -

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall -

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(k) Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

H.2 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes Clause or any other provision of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

H.3 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 10 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.4 SAFETY AND HEALTH

(a) The Contractor shall take all reasonable safety and health measures in performing under this contract and shall, to the extent set forth in the Schedule of the contract, submit a safety plan and a health plan for the Contracting Officer's approval. The Contractor is subject to (i) all applicable Federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this contract; (ii) shall comply with all pertinent provisions of the latest version of the U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of this contract; and (iii) shall comply with the Safety and Health Standards, specifications and issuances, reporting requirements, and provisions as set forth in the Schedule of the contract.

(b) Further, the Contractor shall take or cause to be taken such other safety and health measures as the Contracting Officer shall direct. To the extent that the Contractor is entitled to an equitable adjustment under the terms and conditions of this contract, or any other obligations of the parties, such equitable adjustment shall be determined pursuant to the procedures of the clause of this contract entitled "Changes"; provided, that no adjustment shall be made under this clause for any change for which an equitable adjustment is expressly provided under any other provision of this contract.

(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property beyond stated acceptable threshold limits set forth in the Schedule of the contract, or property loss of $10,000 or more arising out of work performed under this contract; provided, however, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and injury experience reporting requirement set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the Contracting Officer with a report, in such form as the Contracting Officer may require, of the investigative findings, together with proposed and/or completed corrective actions.

(d) (1) The Contracting Officer may, from time to time, notify the Contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with (d)(1) above, the Contracting Officer may invoke the provisions of the clause in the contract entitled "Stop Work", or may invoke whatever other rights are available to the Government under the terms and conditions of this contract or at common law, to remedy such failure or refusal to institute prompt corrective action.

(e) The Contractor (or subcontractor or supplier) shall cause the substance of this clause including this paragraph

(e) and any applicable Schedule Provisions, with appropriate changes of designations of the parties to be inserted in subcontracts of every tier which: (i) Amount to $1,000,000 or more unless the Contracting Officer makes a written determination that this is not required; (ii) require construction, repair, or alteration in excess of $10,000; or (iii) the Contractor, regardless of dollar amount, determines that hazardous materials or operations are involved.

(f) The Contractor agrees that authorized Government representatives of the Contracting Officer shall have access to and the right to examine the sites or areas where work under this contract is being performed to determine the adequacy of the Contractor's safety and health measures under this clause.

H.5 WAGE RATES

If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision (See Section J), the Contracting Officer shall be notified in writing. No work in unlisted crafts or trades will be permitted until a wage has been negotiated between the Contracting Officer and the Contractor.

H.6. REQUIRED INSURANCE

The contractor shall procure and maintain insurance during the entire period of his performance under this contract, in accordance with Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE - WORK ON A GOVERNMENT INSTALLATION”. (See Section I) FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

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

(e) Vessel Liability. When contract performance involves use of vessels, Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(f) Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

ATTENTION BIDDERS: IF THIS PROJECT INVOLVES WORK ON NAVIGABLE WATERS,

LONGSHOREMEN’S AND HARBORWORKER’S COMPENSATION ACT (33 U.S.C. 901) IS APPLICABLE.

H.7. COST OR PRICING DATA

Cost and pricing data shall be furnished in accordance with Section 15.4 of the Federal Acquisition Regulation

(FAR).

H.8 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws.

H.9 CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN

INSTITUATIONS OF HIGHER EDUCATION

10 U. S. C. 2323, Contract goals for small disadvantaged business and certain institutions of higher education, enacted by Public Law 103-355, requires submission of data on contracts and subcontracts awarded to small disadvantaged businesses, historically black colleges and universities, and minority institutions. The contractor agrees to submit, upon request from the contracting officer, information as may be required by the Government to meet reporting requirements set forth under 10 U. S. C. 2323.

H.10 CENTRAL CONTRACT REGISTRATION:

All Coast Guard vendors must be registered in the Central Contractor Registration (CCR) database PRIOR TO AWARD in order to receive payments by Electronic Funds Transfer. For more information or to register online, visit the CCR website: http://www.ccr.gov call the U. S. Coast Guard Finance Center Customer Service line at (757) 523-6940 or 1-800-564-5504.

H.11 ENGLISH

All communications, written, and oral between the contractor and the Government in connection with this contract shall be in the English Language, and any system of dimensions (English or Metric) shown shall be consistent with that used in the contract.

SECTION I

CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.arnet.gov/far and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-manual-1206.pdf

52.202-1 DEFINITIONS (JULY 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL FOR

IMPROPER ACTIVITY (JAN 1997)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT

2007)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Chief of Contracting Division, Facilities Design and Construction Center (Atlantic) and shall not be binding until so approved.

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)52.204-7

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING

REQUIREMENTS (MAR 2009)

(a) Definitions. As used in this clause— “Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of 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. 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. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the

American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL

1995) DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2004)

52.215-2 AUDIT AND RECORDS -NEGOTIATION ALTERNATE 1 (MAR 2009)

a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including…