RFQ.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET ASIDE

PAGE OF PAGES

1 REQUEST NO.

HSCG82-08-Q-3WC141

2. DATE ISSUED

4/24/2008

3. REQUISITION/PURCHASE REQUEST NO.

21-08-8283WC141

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

USCG, CEU MIAMI, 15608 SW 117TH AVE, MIAMI, FL 33177-1630

6. DELIVERY BY (Date)

45 CALENDAR DAYS FROM NTP

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY

NAME TELEPHONE NUMBER FOB DESTINATION OTHER (See schedule)

ADA HOGGARD AREA CODE NUMBER 9. DESTINATION

PURCHASING AGENT (305) 278-6724

a. NAME OF CONSIGNEE

8. TO: USCG SHORE SIDE DETACHMENT

a. NAME

PROSPECTIVE QUOTER

b. COMPANY

b. STREET ADDRESS

3551 OLD HARRISON PIKE ROAD

c. STREET ADDRESS

DUNS:___________

c. CITY

CHATTANOOGA

d. CITY

e. STATE

f. ZIP CODE

d. STATE

TN

e. ZIP CODE 37416-2825

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (date)

05/16/2008

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

PROVIDE ALL LABOR, MATERIALS,

EQUIPMENT, AND TOOLS TO DEMOLISH OLD

STAIRWAY AND CONSTRUCT NEW CONCRETE

STAIRWAY WITH ORNAMENTAL HANDRAILS

AND RAILINGS AT USCG SHORE SIDE

DETACHMENT (SSD) CHATTANOOGA,

TENNESSEE. ALL WORK SHALL BE

PERFORMED IN ACCORDANCE WITH THE

ATTACHED TERMS, SPECIFICATIONS

(08-M02026) AND DRAWINGS (M1362-D).

PLEASE PROVIDE A PRICE BREAKDOWN WITH

YOUR QUOTE.

ONE COMPLETE

JB

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT:

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or print)

NUMBER

Previous edition not usable STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

SOLICITATION NO. HSCG82-08-Q-3WC141

PURCHASE ORDER NO. HSCG82-08-N-3WC___

- 2 - REVISED APR 2008 (FAC 2005-24)

PART II

CONSTRUCTION CLAUSES

THE FOLLOWING CLAUSES (INDICATED BY ) ARE INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(NOV 2006)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS) (MAR 2007)

(c) 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

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

52.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (MAY 2004)

52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK (JULY 2005)

52.222-6 DAVIS-BACON ACT (JUL 2005)

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

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 ACT AND RELATED ACT

REGULATIONS (FEB 1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (FEB 1999)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997) – ALTERNATE I (JUL 1995)

52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONS (MAY 1995)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEPT 2002)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEPT 2005)

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 AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

- 3 - REVISED APR 2008 (FAC 2005-24)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURE, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREA (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION – ALTERNATE 1 (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)

52.245-4 GOVERNMENT PROPERTY (JUNE 2007)

52.245-9 USE AND CHARGES (JUN 2007)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30)

3052.211-71 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.222-90 LOCAL HIRE (JUN 2006)

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCE – APPLICABLE

LICENSES AND PERMITS (JUN 2006)

3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

3052.236-70 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS

(DEC 2003)

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003)

THE FOLLOWING CLAUSES (INDICATED BY ) ARE APPLICABLE:

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (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 not later than (45) calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Alternate I (Apr 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by N/A. 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.

(End of clause)

- 4 - REVISED APR 2008 (FAC 2005-24)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause-

"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-

(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 end product.

"Domestic construction material" means-

(1) An un-manufactured 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 non-availability determinations have been made are treated as domestic.

"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. 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 the construction material or components listed by the Government as follows:

NONE [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.

- 5 - REVISED APR 2008 (FAC 2005-24)

(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

Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

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).]

- 6 - REVISED APR 2008 (FAC 2005-24)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [insert other pertinent information].

SPECIAL CONTRACT REQUIREMENTS – REQUIRED BONDING

NOTE: IF THE PURCHASE ORDER IS OVER $30,000, THE FOLLOWING CLAUSES ARE

INCLUDED by reference. Payment bond will be required for 100% of the total contract price

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 PLEDGES OF ASSETS (FEB 1992)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUEST FOR BONDS (OCT 1995)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A deposit of the type of security found in FAR 28.204-1, United States bonds or notes, or FAR 28.204-2, Certified or cashier’s checks, bank drafts, money orders, or currency.

(c) The submission of the payment protection is required within fifteen (15) calendar days of contract award.

**NOTE: ANY FORM OF ALTERNATIVE PAYMENT PROTECTION RECEIVED WILL BE

HELD FOR ONE YEAR FOLLOWING FINAL PAYMENT.

B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30)-CLAUSES

3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (DEC 2003)

**NOTE: ONCE BOND IS RECEIVED, A NOTICE TO PROCEED WILL BE ISSUED.

SUBMITTALS ARE DUE WITHIN TEN (10) CALENDAR DAYS UPON RECEIPT OF

CONTRACT AWARD.

PART III

ATTACHMENTS

TITLE

(1) WAGE DETERMINATION (TN20080003-CONCRETE) & (TN20080012-IRONWORK)

(2) SPECIFICATIONS (08-M02026)

(3) DRAWINGS (M1362-D)

- 7 - REVISED APR 2008 (FAC 2005-24)

PART IV

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

THE ESTIMATED PRICE RANGE OF THIS REQUIREMENT IS BETWEEN$25,000 AND $100,000

THE FOLLOWING PROVISIONS (INDICATED BY ) ARE INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(b) GOALS FOR MINORITY PARTICIPATION FOR EACH TRADE IS 12.5%.

GOALS FOR FEMALE PARTICIPATION FOR EACH TRADE IS 6.9%.

(e) As used in this notice, and in any contract resulting from this solicitation, the “covered area” is CHATTANOOGA; HAMILTON COUNTY, TENNESSEE.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(b) Site visits may be arranged during normal duty hours by contacting:

U.S. COAST GUARD

SHORE SIDE DETACHMENT(SSD)

3551 OLD HARRISON PIKE ROAD

CHATTANOOGA, TENNESSEE 37416-2825

POC: PETTY OFFICER FIRST CLASS JOHN STAMOULIS

(423) 622-2214

(End of provision)

THE FOLLOWING PROVISIONS (INDICATED BY ) ARE APPLICABLE:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.

(2) The small business size standard is $13 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 (c) 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 (c) 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 (c) applies.

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

(c) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

- 8 - REVISED APR 2008 (FAC 2005-24)

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS, FPMR

PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101- 29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to, GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407; Telephone (202) 619-8925; Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.222-5 DAVIS –BACON ACT – SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(MAY 2002)

(a) Definitions. "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-- Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that

- 9 - REVISED APR 2008 (FAC 2005-24)

did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as non-responsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.arnet.gov/far/ .

- 10 - REVISED APR 2008 (FAC 2005-24)

B. DEPARTMENT OF HOMELAND SECURITY REGULATION (48 CFR CHAPTER 30)-

PROVISIONS

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

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 national security.

(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, 6 U.S.C. 395, 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 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 group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

- 11 - REVISED APR 2008 (FAC 2005-24)

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

WAGE DETERMINATION - 1 - ATTACHMENT (1)

WAGE FOR CONCRETE

GENERAL DECISION: TN20080003 04/11/2008 TN3

Date: April 11, 2008 General Decision Number: TN20080003 04/11/2008

Superseded General Decision Number: TN20070004

State: Tennessee

Construction Type: Heavy

Counties: Anderson, Blount, Carter, Cheatham, Davidson, Dickson, Fayette, Hamilton, Hawkins, Knox, Loudon, Madison, Marion, Montgomery, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington, Williamson and Wilson Counties in Tennessee.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008 1 04/11/2008

* BOIL0453-003 01/01/2008

Rates Fringes

BOILERMAKER......................$ 26.23 13.72

CARP0074-002 05/01/2004

HAMILTON COUNTY

Rates Fringes

CARPENTER (Including Form Work)............................$ 18.31 5.10

CARP0223-001 05/01/2004

CHEATHAM, DAVIDSON, DICKSON, MONTGOMERY, ROBERTSON, RUTHERFORD,SUMNER,

WILLIAMSON, AND WILSON COUNTIES

Rates Fringes

CARPENTER (Including Form Work)............................$ 18.36 6.80

ELEC0175-003 06/01/2007

HAMILTON COUNTY

Rates Fringes

ELECTRICIAN......................$ 26.24 1.6%+5.54

WAGE DETERMINATION - 2 - ATTACHMENT (1)

ELEC0175-005 12/01/2003

EXCEPT: SHELBY COUNTY

Rates Fringes

Linemen..........................$ 22.05 2.45+14.5%

ELEC0429-005 09/01/2003

Davidson Rates Fringes

ELECTRICIAN......................$ 21.60 6.63

ELEC0474-005 12/01/2006

SHELBY COUNTY

Rates Fringes

Linemen..........................$ 23.19 4.5%+9.25

ELEC0760-002 06/04/2006

ANDERSON (EXCLUDING OAKRIDGE CITY), BLOUNT, KNOX, LOUDON,SEVIER AND UNION

COUNTY

Rates Fringes

ELECTRICIAN......................$ 20.39 1.25%+7.71

ELEC0934-001 06/01/2006

CARTER, HAWKINS, SULLIVAN, UNICOI AND WASHINGTON COUNTIES

Rates Fringes

Electricians:

Electrical contracts $1,000,000 and over.........$ 18.15 3.90+19% Electrical contracts less than $1,000,000.............$ 15.77 3.90+13%

* ENGI0369-003 07/01/2007

CHEATHAM, DAVIDSON, DICKSON, FAYETTE, MADISON, MONTGOMERY,ROBERTSON,

RUTHERFORD, SHELBY, STEWART, SUMNER, TIPTON,WILLIAMSON AND WILSON COUNTIES

Rates Fringes

Power Equipment Operator Bulldozer Operator, Hydraulic Crane Operator, and Dump Truck Operator.....$ 21.72 8.85

WAGE DETERMINATION - 3 - ATTACHMENT (1)

ENGI0917-006 05/01/2006

ANDERSON, BLOUNT, CARTER, HAMILTON, HAWKINS, KNOX, LOUDON, MARION, SEVIER,

SULLIVAN, UNICOI, UNION AND WASHINGTON COUNTIES

Rates Fringes

Power equipment operators:

Bulldozer Operator and Dump Truck Operator.........$ 20.56 8.20 Hydraulic Crane Operator....$ 22.40 8.20

SUTN2003-010 09/10/2003

Rates Fringes

Cement Mason/Concrete Finisher...$ 10.00

Laborer, Unskilled...............$ 10.14

OPERATOR: Power Equipment Backhoe.....................$ 13.77 1.46 Excavator...................$ 12.50 Farm Tractor................$ 9.50 Grader......................$ 14.00 Loader......................$ 15.76 4.95

Pipelayer........................$ 10.93

TRUCK DRIVER.....................$ 11.48 1.21

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

WAGE DETERMINATION - 4 - ATTACHMENT (1)

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

WAGE DETERMINATION - 5 - ATTACHMENT (1)

WAGE FOR IRONWORK

GENERAL DECISION: TN20080012 02/08/2008 TN12

Date: February 8, 2008 General Decision Number: TN20080012 02/08/2008

Superseded General Decision Number: TN20070019

State: Tennessee

Construction Type: Building

Counties: Anderson, Blount, Carter, Hamilton, Hawkins, Knox, Loudon, Sevier, Sullivan, Unicoi, Union and Washington Counties in Tennessee.

BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008

CARP0654-001 05/01/2005

HAMILTON COUNTY

Rates Fringes

MILLWRIGHT.......................$ 19.45 5.35

ELEC0175-003 06/01/2007

HAMILTON COUNTY

Rates Fringes

ELECTRICIAN......................$ 26.24 1.6%+5.54

* ELEC0270-001 05/01/2007

OAK RIDGE RESERVATION/TOWNSITE

Rates Fringes

ELECTRICIAN......................$ 22.62 10.03

* ELEC0760-002 06/04/2006

ANDERSON (EXCLUDING OAKRIDGE CITY), BLOUNT, KNOX, LOUDON, SEVIER AND UNION

COUNTY

Rates Fringes

ELECTRICIAN......................$ 20.39 1.25%+7.71

WAGE DETERMINATION - 6 - ATTACHMENT (1)

ELEC0934-001 06/01/2006

CARTER, HAWKINS, SULLIVAN, UNICOI AND WASHINGTON COUNTIES

Rates Fringes

Electricians:

Electrical contracts $1,000,000 and over.........$ 18.15 3.90+19% Electrical contracts less than $1,000,000.............$ 15.77 3.90+13%

ENGI0917-009 05/01/2006

Rates Fringes

Power Equipment Operator Crane Operator and Dump Truck Operator..............$ 20.56 8.20 Forklift Operator...........$ 18.85 8.20 Hydraulic Crane Operator....$ 22.40 8.20

IRON0384-001 05/01/2005

EXCEPT HAMILTON COUNTY

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 19.16 8.47

* IRON0704-003 05/01/2007

HAMILTON COUNTY

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 19.90 10.11

ROOF0176-006 05/01/2007

Rates Fringes

ROOFER...........................$ 20.00 5.57

SHEE0005-002 05/01/2005

Rates Fringes

Sheet metal worker (HVAC Duct work)............................$ 22.85 6.20+3%

WAGE DETERMINATION - 7 - ATTACHMENT (1)

SUTN2003-012 09/10/2003

Rates Fringes

CARPENTER (Including Drywall Hanging, Batt Insulation and Form Work).......................$ 13.03

DRYWALL FINISHER/TAPER...........$ 12.00

GLAZIER..........................$ 10.00

Laborer, Unskilled...............$ 7.80

PAINTER (Brush and Roller) (Excluding Drywall Finishers)....$ 11.30 1.96

PLUMBER..........................$ 12.00

Power Equipment Operator Backhoe.....................$ 9.00

TRUCK DRIVER.....................$ 13.50 .68

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

WAGE DETERMINATION - 8 - ATTACHMENT (1)

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION