Solicitation.doc

HSCG50-09-R-643G75

STATES COAST GUARD

Facilities Design and Construction Center Pacific

REQUEST FOR PROPOSAL

CONSTRUCTION CONTRACT

SECTOR COMMAND CENTER

SECTOR SAN FRANCISCO

YERBA BUENA ISLAND, CALIFORNIA

HSCG50-09-R-643G75

TO ACCESS THE STANDARD FORM (SF) 1442, DOUBLE-CLICK ON ABOVE ICON.

AFTER OBTAINING THE SF 1442, CLOSE THE DOCUMENT AND CONTINUE SCROLLING DOWN FROM THIS POINT TO OBTAIN THE REMAINDER OF THE REQUEST FOR PROPOSALS (RFP).

PLEASE MAIL YOUR PROPOSAL TO THE ADDRESS LISTED IN BLOCK 7 OF SF-1442.

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:

Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D.C., 20593-0001

FAX: 202.475.3904

Phone: 202.372.3695

TABLE OF CONTENTS

SECTION

TITLE

PAGES

A Solicitation/contract form

1-3 B Supplies or services and prices/costs

C Description/specifications/work statement

D Packaging and marking not used E Inspection and acceptance

F Deliveries or performance

5-6 G Contract administration data

6-7 H Special contract requirements

7-9 Part II--Contract Clauses

I Contract Clauses

10-20

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

J List of Attachments

Part IV--Representations and Instructions

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

20-21 L Instructions, conditions, and notices to offerors or quoters

22-26 M Evaluation Factors for Award

26-27 Part V –Attachments

28-66

SECTION B

SCHEDULE OF ITEMS

B.1

Estimated bid Quantity

300 loose bank CY

B.2 TOTAL OF ALL ITEMS: BASE 1A

B.3 TOTAL OF ALL ITEMS: BASE 1B

B.4 TOTAL OF UNIT PRICED ITEM 2

B.5 TOTAL BID OPTION 3A, 3B AND 3C

B.6 TOTAL OF ALL ITEMS: BASE 1A, BASE 1B, ITEM 2,

BID OPTION 3A, 3B AND 3C

This is your total offer

Notes:

1. FAR 52.211-18 Variation in Estimated Quantity (APR 1984 applies only to Item 2.

2. The Government will evaluate offers for award purposes by including the price for all items (base, unit priced items, and options) for evaluation purposes only. See Section M.1 for further information.

3. Options may be awarded up to 90 days after contract award by written notice to the contractor.

SECTION C

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

a. Drawings: 202 sheets entitled "Sector Command Center, Sector San Francisco, Yerba Buena Island, CA. Project #521676 dated 26 January 2009.

b. Specifications: 1766 pages "Sector Command Center, Sector San Francisco, Yerba Buena Island, CA. Project #521676 dated 26 January 2009.

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)

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 within 540 calendar days from date of award. The time stated for completion shall include any and all work awarded, final inspection, acceptance, and clean up of the premises.

F.3 FAR 52.211-18 Variation in Estimated Quantity (APR 1984).

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

F.4 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. These damages will not exceed $2,500 per day.

F.5 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) 220-7426. 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 Payments - 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.

SECTION H

Special, Contract Requirements H.1 Davis Bacon Wage Determination U.S. Department of Labor Davis-Bacon Wage Determination Decision GENERAL DECISION: CA20080029, through modification number 23 dated 01/16/2009 CA29

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 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.7 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.8 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.

52.203-7

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 2008

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

APR 2008

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

52.219-6

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

JUN 2003

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

MAY 2004

52.219-14

LIMITATIONS ON SUBCONTRACTING

DEC 1996

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

52.223-15

ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS

DEC 2007

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

MAY 2008

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

FEB 2006

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

OCT 2008

52.232-23

ASSIGNMENT OF CLAIMS

JAN 1986

52.232-27

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS

OCT 2008

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

52.236-2

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

52.236.26

PRECONSTURCTION CONFERENCE

FEB 1995

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

DEC 2008

52.245-1

GOVERNMENT PROPERTY

JUNE 2007

52.245-9

USE AND CHARGES

JUNE 2007

52.246-21

WARRANTY OF CONSTRUCTION

MAY 1994

52.247-63

PREFERENCE FOR U.S. FLAG AIR CARRIERS

JUNE 2003

52.247-64

PREFERENCE FOR U.S. FLAG COMMERCIAL VESSELS

FEB 2006

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 52.219-28 Post Award Small Business Program Representation (June 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code 236210 assigned to contract number HSCG50-09-C-643G52.

[Contractor to sign and date and insert authorized signer’s name and title].

I.4 FAR 52.222-30 Davis-Bacon Act—Price Adjustment (None or Separately Specified Method) (Dec 2001)

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

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

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

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

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

I. 5 FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

(a) Definition. As used in this clause—

“United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.6 FAR 52.225-11 Buy American Act—Construction Materials under Trade Agreements (Aug 2007)

(a) Definitions. As used in this clause—

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows:

____________none____________________________________

[Contracting Officer to list applicable excepted materials or indicate “none”]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Measure

(Dollars)*

Item 1:

Item 2:

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.7 3052.209-70 Prohibition on Contracts with Corporate Expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, Public Law 107-296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)--

(1) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

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

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

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

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