PJT148.doc

HSCG50-11-B-PJT148

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. 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 submitted to:

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

The Ombudsman Hotline telephone number is 202.372.3695.

TABLE OF CONTENTS

SECTION

TITLE

PAGES

Part I—The Schedule

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

G

Contract Administration Data

H

Special Contract Requirements

8-9

Part II--Contract Clauses

I

Contract Clauses

10-17

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 18-27

L

Instructions, Conditions, and Notices to Offerors or Quoters 28-30

M

Evaluation Factors for Award

SECTION B

SCHEDULE OF BID ITEMS

B.1 BASE BID: - The Contractor shall provide all labor, material, mobilization and demobilization , and all associated costs for the upgrade of mechanical rooms in Married Officers Quarters (MOQs) L, M, Q and R. Replace the building heating supply and domestic hot water heat exchange systems within the mechanical rooms of four individual four-plex apartment houses to provide on-demand heat and hot water systems that are energy efficient, easily maintained and deliver improved heating and hot water.

B.2..Prompt payment discount terms: ____% discount if paid within days. Prompt payment discounts shall not be considered in the evaluation of bids. However, any discount offered will form a part of the award, and may be taken by the Government if payment is made within the discount period specified by the bidder, and the discount offered exceeds the 30 day net effective annual rate as determined by the Department of the Treasury.

SECTION C

DESCRIPTION & SPECIFICATIONS

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

Drawings, Project 4133051, Sheets 1 through 5.

Specifications for Upgrade Mechanical Rooms, MOQs L, M, Q & R, United States Coast Guard Base Kodiak, Married Family Housing, Married Officer Quarters, Lower Government Hill, Kodiak, Alaska, dated July 2011, Project #4133051.

SECTION E

INSPECTION & ACCEPTANCE

E.1 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.1 below. Final inspection and acceptance of the work will be by the Contracting Officer. See Section G.1.

E.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE: A Contracting Officer's Technical Representative (COTR), for the purpose of representing the Contracting Officer and assuring contractor compliance with contract requirements, will be designated by means of separate correspondence. The COTR has no authority to issue orders/directions which effect cost, money or time.

The Contracting Officer's Technical Representative (COTR) is authorized to issue notices regarding noncompliance with contract requirements, and to stop work on any portion of the job if the contractor's methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in Clause FAR 52.242-14, Suspension of Work.

E.3 FAR 52.246-12 Inspection of Construction (AUG1996)

SECTION F

PERFORMANCE

F.1

FAR 52.211-10,

COMMENCEMENT, PROSECUTION, & COMPLETION OF WORK—(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice To Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use by 15 May 2012. The time stated for completion shall include final cleanup of the premises.

Alt I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 November 2011. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.2 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 this/these address(es): http://www.arnet.gov/far/

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

F.3 CONTRACTOR LIABILITY: If, the Contractor fails to complete the work within the time specified, or any 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 actual contract completion. Actual damages will consist of, but not be limited to the following types of costs: Temporary lodging in commercial hotels/motels, Coast Guard Contracting Officer’s Technical Representative (COTR), Project Manager (PM), Engineer-in-Charge (EIC), Inspector and Contracting Officer hours and costs spent on the project past the contract completion date; all per diem travel costs, beyond the final inspection trip, occurring for this project after the scheduled contract completion date; costs the Coast Guard incurs in performing a Network Activity Schedule (NAS) if the contractor fails to show how and when completion occurs, if the contractor slips past the contract completion date or would appear to not be able to finish by the contract completion date; technical support contractor costs in supporting the Coast Guard in this period past the contract completion date.

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 Shore Maintenance Command. Telephone number (206) 220-7424, e-mail address: Maggie.M.Wilson@uscg.mil. 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

USCG Shore Maintenance Command

915 Second Avenue, Room 2664

Seattle, WA 98174-1011

G.3

INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of clause FAR 52.232-27, Prompt Payment for Construction Contracts. All invoices are required to be signed off by the Contracting Officers Technical Representative (COTR) prior to being submitted to the Contracting Officer.

(b) Invoice, in ORIGINAL ONLY, shall be submitted on Form KO-2A to the address in paragraph G.2.

(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, see the reverse of KO-2A:

(i) A listing of the amount due included for work performed by each subcontractor under the contract, but not including any amounts being withheld,

(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 the provisions of clause FAR 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 a contract the contractor shall ensure updated payment information is entered into the Central Contractor Registration database at http://www.ccr.gov.

G.5 INVOICE STATUS: To track an invoice submitted for payment please go to the FINCEN website at: http://www.fincen.uscg.mil Click on Vendor Interests, then click on Submit Invoice Payment Status Request Form.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CGAP SUBCHAPTER 3004.1301-90 COMMON ACCESS CARDS (CAC) FOR CONTRACTORS: CONTRACTOR VERIFICATION SYSTEMS (CVS).

(a) “Contractor employee” means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who are required physical and/or logical access to information systems and/or facilities.

(b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who require to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Contractor Verification System (CVS) is the automated application process for obtaining a CAC.

(c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use CVS to obtain a CAC.

(d) The Contracting Officer Technical Representative (COTR) shall serve as the CVS Trusted Agent and is responsible for creating contractor accounts in the CVS; approving, returning or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CAC when the contract expires or when a contractor employee stops working under the contract.

(e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COTR shall ensure that contractor personnel satisfy security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN).

(f) The COTR or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the CVS. Completed forms and information shall be submitted by the COTR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

(g) Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return the CAC to the COTR or Contracting Officer on the same day the employee stops working.

(h) The contractor shall insert this clause in all subcontracts when a subcontractor’s employee is required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform contractual duties.

H.2 REQUIREMENT FOR INSURANCE: In accordance with the provisions of Contract Clause FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) and HSAR 3052.228-70 Insurance (Dec 2003), the Contractor and all major subcontractors working on the job site, 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’s.

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 FAR 52.222-11 and including the requirements of the Prompt Payment For Construction Contracts clause, FAR 52.232-27 Completing the SF 1413 creates no contractual relationship between the subcontractor and the Government. The contractor shall be responsible for determining that all subcontractors are in fact responsible firms. This internet address may be helpful in determining responsibility: http://www.arnet.gov.8000/epls/owa/epls.reports_menu.

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.

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 this/these address(es): http://www.arnet.gov/far/

Federal Acquisition Regulation (48 CFR, Chapter 1) Clauses; Transportation Acquisition Regulation (48 CFR, Chapter 12) Clauses:

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-7 Anti-Kickback Procedures (OCT 2010)

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 (OCT 2010) 52.203-13 Contractor Code of Business Ethics & Conduct (APR 2010)

52.203-14 Display of Hotline Posters (Dec 2007) 52.204-2 Security Requirements (AUG 1996) Alt. II (APR 1984)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-7 Central Contractor Registration (APR 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.214-26 Audit and Records –Sealed Bidding (OCT 2010) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modification- Sealed Bidding (OCT 2010)

52.214-28 Subcontractor Certified Cost or Pricing Data--Modification--Sealed Bidding

(OCT 2010)

52.214-29 Order of Precedence--Sealed Bidding (JAN 1986) 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (JAN 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011) 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 (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance With Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination--Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

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 Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.223-2 Affirmative Procurement for Biobased Products Under Service and

Construction Contracts (DEC 2007)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt 1 (Jul 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

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)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 52.228-1 Bid Guarantee (SEP 1996)

(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price or $3,000,000, whichever is less.

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance--Work on a Government Installation (JAN 1997)

52.228-11 Pledge of Assets (SEP 2009)

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 (OCT 2010)

52.229-3 Federal, State, & Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payments for Construction Contracts (OCT 2008)

In accordance with paragraph (a)(i)(A) of the clause, the due date for making progress payments shall be 14 days after the designated billing office receives a proper payment request.

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 Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation & Conditions Affecting the Work (APR 1984)

52.236-5 Material & Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits & Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations & Storage Area (APR 1984)

52.236-11 Use & Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)--Alternate I (NOV 1991)

52.236-14 Availability & Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications & Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items and Commercial Components (DEC 2010) 52.246-21 Warranty of Construction (MAR 1994)

52.247-63 Preference for U.S. Flag Air Carriers (JUN 2003)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

52.248-3 Value Engineering-Construction (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) --Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) I.2 HSAR CLAUSES INCORPORATED BY REFERENCE : 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. The full text of a clause may be accessed electronically at this address: http://dhs.gov

3052.211-71 Index for Specifications (DEC 2003)

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

3052.222-90 Local Hire (JUN 2006) 3052.223-90 Accident and Fire Reporting (DEC 2003)

3052.228-70 Insurance (DEC 2003)

3052.228-90 Notification of Miller Act Payment Bond Protection (DEC 2003)

3052.242-71 Dissemination of Contract Information (DEC 2003)

3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

3052.245-70 Government Property Reports (Jun 2006)

I.3 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 in the format of FDCC(PAC) Form KO-8 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 subcontractors 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".

I.4

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.5, above, and this provision.

I.5 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989): This contract is subject to the written approval of Senior Field Contracting Officer and shall not be binding until so approved.

I.6 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.7 FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

I.8 FAR 52.225-9 Buy American Act – Construction Material (SEP 2010)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“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 a 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—

(3) 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

(4) 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.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) 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; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) 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 requirements 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)(3) 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)(3)(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

Item 1:

Domestic construction material

[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.9 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States

Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical

Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security

Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security

(including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal

Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and

Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the

Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the

Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

SECTION J

LIST OF ATTACHMENTS

J.1 The following listed attachments are a part of this solicitation and any resultant contract:

a. Drawings: Project 4133051, Sheets 1 through 5.

b. Specification for Upgrade Mechanical Rooms, MOQs L, M, Q & R, United States Coast Guard Base Kodiak, Married Family Housing, Married Officer Quarters, Lower Government Hill, Kodiak, Alaska, dated July 2011, Project #4133051

c. Wage Determination AK8 Modification Number 0 through 11 dated 07/08/2011

SECTION K

REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF BIDDERS

K.1 FAR 52.204-8 Annual Representation and Certifications (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236118.

(2) The small business size standard is $33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged…