Solicitation_F75.doc

HSCG50-08-R-643F75

STATES COAST GUARD

Facilities Design and Construction Center Pacific

REQUEST FOR PROPOSAL

FUEL PIER STRUCTURAL REPAIRS ISC KODIAK

KODIAK, AK

HSCG50-08-R-643F75

PLEASE MAIL YOUR PROPOSAL TO THE ADDRESS LISTED IN BLOCK 4 OF SF-252.

OMBUDSMAN NOTICE

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 protestor’s concerns are unresolved, an independent review is available by the Ombudsman. The protestor 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-851)

2100 2nd Street, SW, Room 2606

Washington, D.C. 20593

Telephone (202) 267-2285

Fax (202) 267-4011

TABLE OF CONTENTS

SECTION

TITLE

PAGES

A Solicitation/contract form

1-3 B Supplies or services and prices/costs

4-5 C Description/specifications/work statement

6-6 D Packaging and marking

7-7

E Inspection and acceptance

8-8 F Deliveries or performance

9-9 G Contract administration data

10-11 H Special contract requirements

12-15 Part II--Contract Clauses

I Contract Clauses

16-31

Part III--List of Documents, Exhibits, and Other Attachments

J List of Attachments

32-32

Part IV--Representations and Instructions

K Representation, certifications, and other statements of offerors or quoters

33-34 L Instructions, conditions, and notices to offerors or quoters

35-40 M Evaluation Factors for Award

41-42 Part V –Attachments

43-57 Supplies or Services and Prices/Costs

Labor Rates per Hour for November 20, 2007- November 19, 2008*

OPTIONAL ITEMS

Total of Line Items 0001 – 0003: (Note: Pricing must be provided on all items including unit prices or your offer may be rejected.)

* Items 0002-0003: The Government reserves the right to award this line item in any manner which best serves the Government. The option, if awarded, will be done so at time of base award.

SECTION B

Schedule of Items B.1 This is a Firm Fixed Price type procurement to make structural repairs to a 600’ fuel pier at ISC Kodiak. Work includes removal and disposal of deteriorated steel and timber decking; installation of new structural steel, steel decking and fuel oil containment; removal and reinstallation of utilities including diesel and JP-5 fuel oil distribution, domestic water, sanitary sewer, oily waste, compressed air and pier lighting. Minor pile driving will be required to support a small bridge section and to replace damaged fender piles.

Services to be provided under this contract are described in Attachment No. 3; Statement of Work dated 02/21/2008.

SECTION C

C.1 Drawings and Specifications: The following drawings and specifications apply to this project:

a. Drawings: 48 sheets entitled "Fuel Pier Repairs ISC Kodiak, Kodiak, AK" Proj # 411909

b. Specifications: 145 pages dated 21 February 2008 entitled ""Fuel Pier Structural Repairs ISC Kodiak, Kodiak, AK" Proj # 411909

SECTION D

No clauses incorporated in this section.

SECTION E

Inspection & Acceptance

E.1 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 http://www.arnet.gov/far/far Federal Acquisition Regulation (48 CFR, Chapter 1) Clauses:

52.246-12 Inspection of Construction (Aug 1996) E.2 FINAL INSPECTION: Final inspection, punch list, acceptance of the project site under conditions defined in Specification Section 01700, shall be completed before the contract completion date, which shall be established in accordance with provision F.2 below. Final inspection and acceptance of the work will be by the Contracting Officer. See Section G.5.

SECTION F

Performance

F.1 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. Federal Acquisition Regulation (48 CFR, Chapter 1) Clauses:

52.242-14 Suspension of Work (Apr 1984) F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of the Work (APR 1984)

The Contractor shall be required to: (a) commence work on this contract within 15 calendar days after the date the Contractor receives Notice to Proceed; (b) prosecute the work diligently; and (c) complete the entire work awarded by *October 21, 2008. The time stated for completion shall include any and all work awarded, final inspection, acceptance, and clean up of the premises.

*Note: The Coast Guard will vacate the pier for the convenience of the Contractor from June 15, 2008 through October 1, 2008. See Section 01010, para. 7.2. No later than 1 October 2008, the pier shall be fully useable by the Coast Guard - including utility service(s). It is imperative that the contract completion dates and interim milestones be met, for the Coast Guard to meet operational commitments. Contractor's work on site which does not affect the ability of the Government to use the fuel pier may commence at any time after a Notice to Proceed is issued. Work not affecting the Coast Guard's ability to use the pier may occur after 1 October 2008. The dates that the pier will be made available to the contractor, June 15-October 1 2008, will NOT be adjusted for any reason.

F.3 Contractor Liability for Failure to Complete the Services in a Timely Manner If the Contractor fails to complete the work within the time specified, or any Government authorized extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred by the Government due to any inexcusable delay caused by the Contractor until the actual contract completion. Actual damages will consist of, but not be limited to, the following types of costs: Coast Guard Contracting Officer Representative (COR), Project Manager (PM), and Contracting Officer (KO) hours and costs spent on the project past the contract completion date; all per diem and travel costs (not including the final inspection) occurring for this project after the scheduled contract completion date; any technical support contractor costs incurred by the Coast Guard in completion of the contract due to the contractor’s failure to perform the agreed to services.

F.4 Time Extensions

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of actual damages, consistent with F.3, under the new completion schedule.

SECTION G

Contract Administration Data G.1 Contract Administration This contract will be administered by the Contracting Officer, or an authorized representative located at the U.S. Coast Guard Facilities Design & Construction Center (Pacific). Telephone number is (206) 220-7411. All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.2 Address of Correspondence All-correspondence, unless otherwise specified, shall be directed to the following address:

Contracting Officer

U.S.C.G. FD&CC (PAC)

915 2nd Ave. Room 2664

Seattle, WA 98174-1011

G.3 Invoicing Requirements

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, Prompt Payment for Construction Contracts.

(b) Invoices, in original only, shall be submitted on Form KO-2A to the address in G.2 above.

(c) Payments will not be made more frequently than once per month.

(d) Invoices must identify contractor’s tax identification number.

(e) The following information must be included in each request for progress payment:

(i) A listing of the amount included for work performed by each subcontractor under the contract.

(ii) A listing of the total amount of each subcontract under the contract.

(iii) A listing of the amounts previously paid each subcontractor under the contract.

G.4 Method of Payment In accordance with clause 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003), payments shall be made utilizing the Treasury Department’s Automated Clearing House (ACH) network. Upon award of the contract, the Contractor shall be furnished the necessary forms.

G.5 Contracting Officer’s Authority The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.6 Contracting Officer’s Technical Representative (COTR)

a. [TBD] is hereby designated as the Contracting Officer’s Technical Representative (COTR). The COTR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COTR is located at:

USCG FD&CC (Pacific)

915 Second Ave, Room 2664 Seattle, WA 98174-1011

b. The responsibilities and limitations of the COTR are as follows:

(1) The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The COTR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COTR may designate assistant COTR(s) to act for the COTR by naming such assistant(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

SECTION H

Special, Contract Requirements H.1 Davis Bacon Wage Determination The applicable U.S. Department of Labor Davis-Bacon Wage Determination Decision, current at the time of the order, will be included as a part of each task announcement and awarded task order. The Contractor will be required to comply with the minimum wage requirements specified therein as well as the negotiated markup percentage as illustrated in Section B, Schedule of Supplies or Services and Prices/Costs.

H.2 REQUIREMENT FOR INSURANCE. In accordance with the provisions of Contract Clauses FAR 52.228-5 and HSAR 3052.228-70, the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverage.

Coverage

Type of Accident Per Person Per Accident Property General Liability $500,000

Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

Longshoreman and Harbor Worker as required by Federal and State Law.

All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

H.3 SUBCONTRACT DATA. The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.4 Standards Compliance Where equipment or materials are specified to conform to requirements of the standards of organizations, such as the American Society of Mechanical Engineers (ASME), Underwriters' Laboratories (UL), and American Gas Association (AGA), that use a label or listing as the method of indicating compliance, proof of such conformance shall be submitted and approved. In lieu of a label or listing, the Contractor shall submit a certificate from an independent testing organization, adequately equipped and competent to perform such services, and approved by the Contracting Officer, stating that the item has been tested in accordance with the specified organization's standard or code.

H.5 Submission of 10 U.S.C. 2323 Data:

Contract goals for small disadvantaged businesses 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 maybe required by the government to meet the reporting requirements set forth under 10 U.S.C. 2323.

H.6 Organizational Conflict of Interest:

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

H.7 Contractor Initiated Changes:

(a) The request is submitted to the Contracting Officer by separate correspondence signed by your authorized representative.

(b) The request states how the proposed change would be incorporated into the construction schedule; whether or not a time extension will be necessary, and the calendar date by which you must receive approval or disapproval so as not to effect the existing schedule.

(c) The request includes a complete listing of labor, materials and equipment costs, and proposed changes to the original contract requirements as well as all indirect costs, and delays. It includes a listing, with telephone number, of all sources necessary for Government verification of your proposed costs. The Government will reject any request that does not provide ALL of the above information in a single submission.

(d) Cost and Pricing information shall be submitted according to the provisions of I.4, above, and this provision.

H.8 Pricing of Requests for Equitable Adjustment:

The cost principles and procedures of FAR Subpart 31.2, prescribed by Federal Acquisition Regulations (FAR) Subpart 31.105, are incorporated in this contract.

(a) Submit detailed price proposals for all Contract Modification Requests (CMR's) and/or changes in the work to the Contracting Officer when requested. Submit proposals within 20 calendar days after receipt of request, or such other time as prescribed by the Contracting Officer. (See Division 1 of the Specifications) The proposal must consist of an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment and overhead at both the prime and subcontractor levels and must cover all work involved whether such work was deleted, added or changed. Furnish the above itemized breakdown signed by each subcontractor participating in the change regardless of tier. Determine the reasonableness of the subcontractor’s proposal. An itemized breakdown will not be required for proposals amounting to less than $2,500. In addition, if your proposal includes a request for a time extension clearly show the effect of the modification/change on your construction schedule including which activities will be impacted, the extent of the impact, and an explanation of why the remainder of the schedule can't be adjusted to reduce this impact.

(b) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement the Contracting Officer may, under the authority of the Changes clause of this contract (FAR 52.243-4), issue a Change Order instructing you to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when a Change Order is issued, you must submit a price proposal following the procedure in (a), above, for the equitable adjustment within 20 calendar days, or such other time as prescribed by the Contracting Officer.

(c) The Contracting Officer will consider issuing a unilateral modification to the contract, if your proposal, prepared as required by paragraphs (a) and (b) of this clause, is not received within the required time, or if agreement is not reached.

(d) The proper measure of the amount of downward adjustment in the contract price when the change involves credit to the Government is your reasonable costs had you performed the deleted work. Also, a reasonable allowance for overhead and profit should be included as part of the downward adjustment for deductive changes. This allowance is subject to negotiations.

(e) Bond premium adjustment, consequent upon changes ordered, will be made based upon the bond percentages as reflected on your Payment and Performance Bonds.

(f) Equipment Rental charges shall be based upon the following:

(1) Rental equipment will be priced at the actual rate paid at the equipment rental supplier's quoted rate for the time the equipment was actually used on the changed work.

(2) Owned equipment shall be priced at the lower of either the actual costs as reflected in the equipment owners accounting records or the Dataquest "Rental Rate Blue Book".

H.9 KEY PERSONNEL

a. The Contractor shall assign to this contract the following Key Personnel:

Project Manager Site Superintendent

Quality Assurance Manager

b. The Contractor shall obtain the consent of the Contracting Officer prior to making Key Personnel substitutions. Replacements for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced specified.

c. Requests for changes shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.10 Legal Holidays

a) Federal holidays are the only holidays observed by the U.S. Coast Guard FD&CC (PAC) and are defined as follows:

New Year’s Day

Martin Luther King Day

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

b) Whenever a recognized Federal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday. Whenever a recognized Federal holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

SECTION I

Contract Clauses

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at Websites listed below:

http://www.arnet.gov http://farsite.hill.af.mil

52.202-1

DEFINITIONS

JUL 2004

52.203-3

GRATUITIES.

APR 1984

52.203-5

COVENANT AGAINST CONTINGENT FEES.

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

JULY 1995

52.203-7

ANTI-KICKBACK PROCEDURES.

JUL 1995

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY

JAN 1997

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

JAN 1997

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

SEP 2007

52.203-13

CONTRACTOR CODE OF BUSINESS ETHICS & CONDUCT

DEC 2007

52.203-14

DISPLAY OF HOTLINE POSTER(S)

DEC 2007

52.204-4

PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER

AUG 2000

52.204-7 CENTRAL CONTRACTOR REGISTRATION

JUL 2006

52.204-9

PERSONAL IDENTITY VERIFIATION OF CONTRACTOR PERSONNEL

SEP 2007

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT. SEP 2006

52.215-2

AUDIT AND RECORDS - NEGOTIATION JUN 1999

52.215-8

ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT OCT 1997

52.219-4

NOTICE OF PRICE EVALUATION PREFRENCE FOR HUBZONE SMALL

JULY 2005

BUSINESS CONCERNS

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

MAY 2004

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN

NOV 2007

52.219-16

LIQUIDATED DAMAGES – SUBCONTRACTING PLAN

JAN 1999

52.219-23

NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL

DISADVANTAGED BUSINESS CONCERNS ALT. II

OCT 1998

52.222-3

CONVICT LABOR

JUN 2003

52.222-4

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT –

OVERTIME COMPENSATION

JUL 2005

52.222-6

DAVIS-BACON ACT

52.222-7

WITHHOLDING OF FUNDS

FEB 1988

52.222-8

PAYROLLS AND BASIC RECORDS

52.222-9

APPRENTICES AND TRAINEES

52.222-10

COMPLIANCE WITH COPELAND ACT REQUIREMENTS

FEB 1988

52.222-11

SUBCONTRACTS (LABOR STANDARDS)

52.222-12

CONTRACT TERMINATION – DEBARMENT

52.222-13

COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS

52.222-14

DISPUTES CONCERNING LABOR STANDARDS

52.222-15

CERTIFIATION OF ELIGIBILITY

52.222-21

PROHIBITION OF SEGREGATED FACILITIES

FEB 1999

52.222-26

EQUAL OPPORTUNITY

MAR 2007

52.222-27

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION

FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE

VETERANS

SEP 2006

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND

VETERANS OF THE VIETNAM ERA AND OTHER ELIGIBLE VETERANS SEP 2006

52.222-50

COMBATING TRAFFICKING IN PERSONS

AUG 2007

52.223-2

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION AUG 2003

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.223-14

TOXIC CHEMICAL RELEASE REPORTING

AUG 2003

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

FEB 2006

52.226-1

UTILZATION OF INDIAN ORGANIZATIONS AND INDIAN OWNED

ECONOMIC ENTERPRISES

JUN 2000

52.227-1

AUTHORIZATION AND CONSENT

52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

AUG 1996

52.227-4

PATENT INDEMNITY – CONSTRUCTION CONTRACTS

DEC 2007

52.228-1

BID GUARANTEE

SEP 1996

52.228-2

ADDITIONAL BOND SECURITY

OCT 1997

52.228-5

INSURANCE - WORK ON A GOVERNMENT INSTALLATION

JAN 1997

52.228-11

PLEDGES OF ASSETS

FEB 1992

52.228-12

PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

OCT 1995

52.228-14

IRREVOCABLE LETTER OF CREDIT

DEC 1999

52.228-15

PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

NOV 2006

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-5

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

SEP 2002

52.232-17

INTEREST

JUN 1996

52.232-23

ASSIGNMENT OF CLAIMS

JAN 1986

52.232-27

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

SEP 2005

In accordance with FAR 32.905(c)(1) in paragraph (a)(1)(I)(A) of the clause, the due date for making progress payments shall be 14 days after receipt of the payment request in the designated billing office.

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL

CONTRACTOR REGISTRATION

OCT 2003

52.233-1

DISPUTES

JUL 2002

52.233-3

PROTEST AFTER AWARD.

AUG 1996

52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIN

OCT 2004

52.236-1

PERFORMANCE OF WORK BY THE CONTRACTOR

APR 1984

At least 50% of the work must be performed by the Contractor’s own work force.

52.236-2

DIFFERING SITE CONDITIONS

52.236-3

SITE INVESTIGATIONS AND CONDITIONS AFFECTING THE WORK

APR 1984

52.236-5

MATERIAL AND WORKMANSHIP

52.236-6

SUPERINTENDENCE BY THE CONTRACT

52.236-7

PERMITS AND RESPONSIBILITIES

NOV 1981

52.236-8

OTHER CONTRACTS

52.236-9

PROTECTION OF EXISTING VEGETATION, STRUCTURE, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS

52.236-10

OPERATIONS AND STORAGE AREAS

52.236-11

USE AND POSSESION PRIOR TO COMPLETION

52.236-12

CLEANING UP

52.236-13

ACCIDENT PREVENTION

NOV 1991

52.236-15

SCHEDULES FOR CONSTRUCTION CONTRACTS

APR 1984

52.236-17

LAYOUT OF WORK

52.236-21

SPECIFICATIONS AND DRAWING FOR CONSTRUCTION

FEB 1997

52.242-13

BANKRUPTCY

JUL 1995

52.243-4

CHANGES

AUG 1987

52.243-7

NOTIFICATION OF CHANGES

52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS

MAR 2007

52.245-1

GOVERNMENT PROPERTY

JUNE 2007

52.245-9

USE AND CHARGES

JUNE 2007

52.246-21

WARRANTY OF CONSTRUCTION

MAY 1994

52.248-3

VALUE ENGINEERING – CONSTRUCTION

52.249-2

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED PRICE) – ALTERNATE I

52.249-10

DEFAULT (FIXED PRICE CONSTRUCTION)

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office, FD&CC PAC and shall not be binding until so approved.

I.3 FAR 52.219-9 Small Business Subcontracting Plan. (Sept 2006)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

“Direct Subcontract Award” means a subcontract that is identified with the performance of one or more specific Government contracts.

“Indirect Subcontract Award” means a subcontract award which, because of incurrence for common or joint purposed, is not identified with one or more specific Government contracts. Such subcontract awards are related to Government contract performances but remain for allocation after direct subcontract awards have been determined and identified to specific Government contracts.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns;

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns; and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor’s Registration database’s (CCR’s) Dynamic Small Business Search function, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR’s Dynamic Small Business Search function, as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR’s Dynamic Small Business Search function as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report, and/or the Summary Subcontract Report in accordance with paragraph (j) of this clause, using the web-based Electronic Subcontracting Reportin System (eSRS, at http://www.esrs.gov). The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with the instructions in eSRS as supplemented by agency regulations.

(iv) Ensure that its subcontractors with subcontracting plans agree to submitthe Individual Subcontract Report and/or the Summary Subcontract Report using eSRS;

(v) Provide the prime contract number, the order number, if applicable, and the prime contractor’s DUNS number and to all first-tier subcontractors with subcontracting plans so they can enter this information in eSRS with their reports; and

(vi) Ensure that all subcontractors with subcontracting plans under the flow-down requirements of subparagraph (d)(9) above, at every tier, provide the prime contract number, the order number, if applicable, and their own DUNS number to all of their subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., CCR’s Dynamic Small Business Search function), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating—

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided—

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Commercial plans are also preferred for subcontractors that provide commercial items under a prime contract, whether or not the prime contractor is supplying a commercial item.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) The failure of the Contractor or subcontractor to comply in good faith with—

(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(j) The Contractor shall submit the Individual Subcontract Report and the Summary Subcontract Report as described below using the web-based eSRS (http:www.esrs.gov). Neither report is required from small businesses. These reports collect subcontract award data from prime contractors/subcontractors that : (a) hold one ormore contracts over $500,000 (over $1,000,000 for construction of a public facility); and (b) are required to report subcontracts awarded to Small Businesses (SB), Small Disadvantaged Business (SDB), Woman-Owned Small Business (WOSB), HUBZone Small Business (HUBZone SB), Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business concerns under a subcontracting plan. Purchases from a corporation, company, or subdivision that is an affiliate of the prime/subcontractor are not included in these reports. Subcontract award data reported on these forms by prime contractors/subcontractors shall be limited to awards made to their immediate subcontractors. Credit cannot be taken for awards made to lower tier subcontractors.

(l) Individual Subcontract Report. This report is not required for commercial subcontracting plans, except as noted below. The report is required for each contract containing a subcontracting plan and must be submitted to the Administrative Contracting Officer (ACO) ro Contracting Officer if no ACO is assigned, semi-annually during contract performance for the periods ended March 31 and September 30. A separate report is also required for each contract at contract completion. Reports are due 30 days after the close of each reporting period unless other wise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the inception of the previous report. The authority to accept or reject the Individual Subcontract Report resides with:

(A) In the case of the prime contractor, it resides with the Government agency responsible for administering the prime contract; and

(B) In the case of a subcontractor with a subcontracting plan under the flow-down requirements in subparagraph (d)(9) above, it resides with the prime contractor or higher-tier subcontractor that awarded the subcontract.

(2) Summary Subcontract Report. This report encompasses all of the contracts with the awarding agency. It must be submitted annually using eSRS for the twelve months ending September 20th, except for contracts covered by an apporved commercial plan. If the reporting activity is covered by a commercial plan, the reporting activity must report annually using eSRS all subcontract awards under that plan. Reports for other than commercial plans are due 30 days after the close of each reporting period. Commercial plan reports are due 30 days after the end of the contractor’s fiscal year for all Government contracts in effect during that period:

(A) The report must be submitted on a corporate, company or subdivision (e.g. plant or division operating on a separate profit center basis), unless otherwise directed by the agency awarding the contract. If a prime contractor/subcontractor is performing work for more than one Federal agency, a separate report shall be submitted via eSRS to each agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $500,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan;

(B) The annual report submitted by organizations having an approved commercial plan shall include all subcontracting activity under commercial plans in effect during the year and shall be submitted in addition to the require; reports for other-than-commercial plans, if any:

(C) The authority to accept or reject Summary Subcontract Reports in eSRS, including Summary Subcontract Reports submitted by subcontractors with subcontracting plans under the flow-down requirements in subparagraph (d)(9) above, resides with the Government agency awarding the prime contract; however, the authority to accept or reject Summary Subcontract Reports for commercial plans resides with the Contracting Officer who approved the commercial plan; and

(D) The contractor shall maintain a hard copy of the Summary Subcontract Report signed by its Chief Executive Officer on file for four (4) years from the ending date of the reporting period.

(3) Contractors with approved commercial plans who wish to take advantage of eSRS’ lower-tier reporting capability may voluntarily submit the semi-annual Individual Subcontract Report for one or more contracts covered by their commercial plan and may require their other-than-small subcontractors to submit a semi-annual…