IFB 09 3WCA65 BOAT RAMP.pdf

U.S. COAST GUARD – CEU MIAMI

NOTICE TO PROSPECTIVE OFFERORS

SOLICITATION NUMBER: HSCG82-09-B-3WCA65

BID OPENING DATE AND TIME: AUGUST 25, 2009 AT 2:00 P.M. LOCAL TIME MIAMI, FLORIDA

CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS, TRANSPORTATION AND SUPERVISION REQUIRED TO EXTEND THE LENGTH OF THE EXISTING BOAT RAMP AT U.S. COAST

GUARD MSU PORT ARTHUR, JEFFERSON COUNTY, TEXAS. THE WORK CONSISTS OF MINOR SITE

DEMOLITION OF ONE BOAT RAMP PLANK FOR PLACEMENT OF NEW PRECAST BOAT RAMP PLANKS ON

NEW GRAVEL BASE, CONSTRUCTION OF RIP-RAP SLOPE AND SCOUR PROTECTION, AND ALL

ASSOCIATED DEMOLITION, EXCAVATION, FILL AND BACKFILL .

A complete set of Plans and Specifications will be available at U. S. COAST GUARD VESSEL MAINTENANCE UNIT, (Small Boat Facility) 400 T.B. ELLISON PARKWAY, PORT ARTHUR, TX 77640 (for viewing only). Plans and Specifications are available on line at http://www.fbo.gov.

IMPORTANT - NOTICE TO OFFEROR/BIDDER

1. See Section L for Instructions, Conditions, and Notice to Bidders.

2. Before mailing your offer/bid, (one complete set - Pages 1 through 34) please recheck the following:

(a) Does your offer/bid set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

(b) Have you rechecked your figures, including calculations on your work sheets?

(c) Have you completed and signed all required documents?

(d) Bidders offering less than sixty (60) calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

3. TELEGRAPHIC OR FACSIMILE BIDS WILL NOT BE ACCEPTED.

(REV 05/16/2009 FAC 2005-31

http://www.fbo.gov/

(REV 05/16/2009 FAC 2005-31

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.

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCG82-09-B-3WCA65

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/24/09

PAGE OF PAGES

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

24-098293WCA65

6. PROJECT NO.

08-M05190

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

SAME AS BLOCK 7

9. FOR INFORMATION

CALL

A. NAME

SHERRY DAGUE

B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(305)278-6721

SOLICITATION

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

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

THIS IS A TOTAL HUBZONE CONCERN SET-ASIDE

A. SCOPE OF WORK: CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS, TRANSPORTATION AND SUPERVISION REQUIRED TO EXTEND THE LENGTH OF THE EXISTING BOAT RAMP AT U.S. COAST GUARD MSU PORT ARTHUR , JEFFERSON COUNTY, TEXAS. THE WORK CONSISTS OF MINOR SITE DEMOLITION OF ONE BOAT RAMP PLANK FOR PLACEMENT OF NEW PRECAST BOAT RAMP PLANKS

ON NEW GRAVEL BASE, CONSTRUCTION OF RIP-RAP SLOPE AND SCOUR PROTECTION, AND ALL

ASSOCIATED DEMOLITION, EXCAVATION, FILL AND BACKFILL IN ACCORDANCE WITH THE

SPECIFICATIONS (08-M05190) AND PROJECT DRAWINGS (M1464-D).

B. LOCATION: U.S. COAST GUARD MARINE SAFETY UNIT, SMALL BOAT FACILITY, 400 T.B. ELLISON

PARKWAY, PORT ARTHUR, JEFFESON COUNTY, TEXAS.77640

C. ALL WORK SHALL BE COMPLETED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS, THE PROJECT

DRAWINGS AND THE TERMS OF THE CONTRACT.

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS PROJECT. NO AWARD WILL BE MADE UNDER THIS SOLICITATION UNTIL FUNDS ARE AVAILABLE. THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THIS

SOLICITATION, EITHER BEFORE OR AFTER THE BID OPENING/CLOSING DATE.

11. The contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F )

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12B.)

YES NO (See Sections “H”)

12B. CALENDAR DAYS

WITHIN 15 CALENDAR DAYS

FROM RECEIPT OF AWARD

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time AUGUST 25, 2009. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (See Sections “H”)

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

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

STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

DUNS:

CODE FACILITY CODE

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

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

2/3/901/132/43/0/WC/33241/2546

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

BLOCK 26

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 USC 2304(c) ( 5 ) 41 USC USC 253(c) ( )

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

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

COMMANDER (0324)

U. S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326-0324

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _____ copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 PAGE 2 (Rev. 4-85)

HSCG82-09-C-3WCA__

3 (REV MAY 2009 FAC 2005-31)

SECTION A

SOLICITATION/CONTRACT FORM/INDEX

TABLE OF CONTENTS

X SECTION DESCRIPTION PAGE(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM/INDEX 1 – 3

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4

X C DESCRIPTION/SPECIFICATIONS 5

X D PACKAGING AND MARKING 5

X E INSPECTION AND ACCEPTANCE 6 – 7

X F DELIVERIES OR PERFORMANCE 8 – 9

X G CONTRACT ADMINISTRATION DATA 10 – 13

X H SPECIAL CONTRACT REQUIREMENTS 14 – 16

PART II – CONTRACT CLAUSES

X I CONTRACT CLAUSES 17 – 26

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X J LIST OF ATTACHMENTS 27

PART IV – REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

28 - 31

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 32 – 34

X M EVALUATION FACTORS FOR AWARD 34

4 (REV 05/16/2009 FAC 2005-31)

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

USCG MARINE SAFETY UNIT

SMALL BOAT FACILITY

PORT ARTHUR, TEXAS

BID ITEM 0001

CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, TOOLS, MATERIALS, TRANSPORTATION AND SUPERVISION REQUIRED TO EXTEND THE LENGTH OF THE EXISTING BOAT RAMP AT U.S. COAST

GUARD MSU PORT ARTHUR , JEFFERSON COUNTY, TEXAS. THE WORK CONSISTS OF MINOR SITE

DEMOLITION OF ONE BOAT RAMP PLANK FOR PLACEMENT OF NEW PRECAST BOAT RAMP PLANKS ON

NEW GRAVEL BASE, CONSTRUCTION OF RIP-RAP SLOPE AND SCOUR PROTECTION, AND ALL

ASSOCIATED DEMOLITION, EXCAVATION, FILL AND BACKFILL IN ACCORDANCE WITH THE

SPECIFICATIONS (08-M05190) AND PROJECT DRAWINGS (M1464-D).

ONE JOB $_______________

3 CFR CH. 1 – SMALL BUSINESS ADMINISTRATION

SUBPART G – CONTRACT PERFORMANCE REQUIREMENTS

126.700 WHAT ARE THE PERFORMANCE OF WORK REQUIREMENTS FOR HUBZONE CONTRACTS?

(A) A PRIME CONTRACTOR RECEIVING AN AWARD AS A QUALIFIED HUBZONE SBC MUST MEET THE PERFORMANCE OF WORK REQUIREMENTS SET FORTH IN 125.6(c) OF THIS CHAPTER.

(B) IN ADDITION TO THE REQUIREMENTS SET FORTH IN 125.6(c), ONE OR MORE QUALIFIED HUBZONE SBCs MUST SPEND AT LEAST 50% OF THE COST OF THE CONTRACT INCURRED FOR PERSONNEL ON ITS OWN EMPLOYEES OR EMPLOYEES OF OTHER QUALIFIED HUBZONE SBCs.

(1) A QUALIFIED HUBZONE SBC PRIME CONTARCTOR RECEIVING A HUBZONE CONTRACT FOR GENERAL

CONSTRUCTION MAY MEET THIS REQUIREMENT ITSELF BY EXPENDING AT LEAST 50% OF THE COST OF THE CONTRACT INCURRED FOR PERSONNEL ON ITS EMPLOYEES OR IT MAY SUBCONTRACT AT LEAST 35% OF THE COST OF THE CONTRACT PERFORMANCE INCURRED FOR PERSONNEL TO ONE OR MORE QUALIFIED HUBZONE SBCs. A QUALIFIED HUBZONE SBC PRIME CONTRACTOR MAY NOT, HOWEVER, SUBCONTRACT MORE THAN 50% OF THE COST OF THE CONTRACT INCURRED FOR PERSONNEL TO NON- QUALIFIED HUBZONE SBCs.

(2) A QUALIFIED HBZONE SBC PRIME CONTRACTOR RECEIVING A HUBZONE CONTRACT FOR SPECIALTY CONSTRUCTION MAY MEET THIS REQUIREMENT ITSELF BY EXPENDING AT LEAST 50% OF THE COST OF THE CONTRACT INCURRED FOR PERSONNEL ON ITS EMPLOYEES OR IT MAY SUBCONTRACT AT LEAST 25% OF THE COST OF THE CONTRACT PERFORMANCE INCURRED FOR PERSONNEL TO ONE OR MORE QUALIFIED HUBZONE SBCs. A QUALIFIED HUBZONE SBC PRIME CONTRACTOR MAY NOT, HOWEVER, SUBCONTRACT MORE THAN 50% OF THE COST OF THE CONTRACT INCURRED FOR PERSONNEL TO NON- QUALIFIED HUBZONE SBCs.

GOVERNMENT FURNISHED PROPERTY: NONE

5 (REV 05/16/2009 FAC 2005-31)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SPECIFICATIONS AND DRAWINGS:

(a) SEE SECTION J - “LIST OF ATTACHMENTS”

(b) DRAWINGS MEASUREMENTS SHOULD BE FIELD VERIFIED BY THE SUCCESSFUL CONTRACTOR

PRIOR TO ORDERING MATERIAL

(c) Failure to read the specifications in their entirety will not relieve the offerors from responsibility for properly estimating the difficulty or cost of successfully performing the work. Failure to do so will be at offeror’s risk.

(d) Each offeror shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect will be rejected as non-responsive. Deviations from, or exceptions to, the specifications or delivery schedule are causes for rejection. Offers for supplies or services other than those specified will not be considered unless authorized by this solicitation.

C.2 [ ] 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 indication of physical conditions on the drawings and in the specifications are the result of site investigations by Boring Logs.

(End of clause)

SECTION D

PACKAGING AND MARKING

THIS SECTION IS NOT APPLICABLE

6 (REV 05/16/2009 FAC 2005-31)

SECTION E

INSPECTION AND ACCEPTANCE

E.1 [X] 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor’s right to proceed.

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

7 (REV 05/16/2009 FAC 2005-31)

SECTION E (Continued)

E.1 [X] 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) (Continued)

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

E.2 CONTRACTOR INSPECTION SYSTEM

(a) Provide all necessary equipment, instruments, qualified personnel, facilities, and test fluids and gases, and perform all inspections, sampling, testing, and certifications specified in the individual Sections of the Specifications; fill out Daily Construction Report forms as documentation and submit the forms to the Government inspector by 10:00 a.m. on the first working day following the day the work was performed. Sample forms are provided in Section J of this contract. Daily Construction Report forms will be furnished to the Contractor.

8 (REV 05/16/2009 FAC 2005-31)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference (indicated by [X]), with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make full text available. Also, the full text of a clause may be assessed electronically at this/these address(es): http://www.arnet.gov/far/

[ ] 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

[X] 52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 IN ADDITION TO THE ABOVE CLAUSE INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES

(INDICATED BY [X]) ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:

[X] 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 90 calendar days after receipt of the notice to proceed.

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

[X] 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

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

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

9 (REV 05/16/2009 FAC 2005-31)

SECTION F (Continued)

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

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

F.3

A preliminary copy of the Contractor’s proposed schedule shall be prepared and submitted to the Contracting Officer prior to the preconstruction conference. Any questions or problems that might cause a delay in approval of the schedule can be addressed during this conference.

10 (REV 05/16/2009 FAC 2005-31)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 SUBMITTALS/SHOP DRAWINGS:

Contractor shall provide a schedule of required submittals indicating the order in which the Contractor proposes to provide the required submittals and the dates on which the Contractor plans to provide said submittals. This schedule shall be provided prior to the preconstruction conference for review and discussion during the conference. The Contractor is to forward five (5) copies of applicable submittals to the Contracting Officer. The Contracting Officer will indicate his/her approval or disapproval of the submittals/shop drawings and if not approved as submitted shall indicate reasons thereof.

Any work done prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from the responsibility for complying with the requirements of this contract.

G.2 PRECONSTRUCTION CONFERENCE:

As soon as practicable after the award of contract, a mutually agreeable time and date for a preconstruction conference between the representatives of the Government and the Contractor will be established. This conference will be held either by telephone or, if convenient, at the site or this office to discuss the terms and conditions of the contract. Below are some of the items to be discussed:

(a) Detailed procedures for the administration of the project,

(b) Identify the authorized representatives of the Government and the Contractor’s Superintendent(s),

(c) Contractor’s field office address and telephone number,

(d) Contractor’s draft Construction Progress Schedule (Section F (F.2))

The Notice to Proceed date will be established during this meeting.

(e) Procedures for processing periodic pay estimates (Section G (G.3-6))

(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals

(Section G (G.1))

(g) Requirements and procedures for preparing work schedules and reporting programs,(Section E (E.2))

(h) Procedures for equal opportunity compliance,

(i) Information on delivery of Government-furnished property (If Applicable).

G.3 [X] 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

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

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

11 (REV 05/16/2009 FAC 2005-31)

SECTION G (Continued)

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

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if—

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance (Name) (Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal in interest on the unearned amount from the 8th day after receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

12 (REV 05/16/2009 FAC 2005-31)

SECTION G (Continued)

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

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) above shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

(i) Limitation because of un-definitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on un-definitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. (j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount: and

(2) Deducted from the next available payment to the Contractor.

13 (REV 05/16/2009 FAC 2005-31)

SECTION G (Continued)

G.4 DESIGNATED BILLING OFFICE

(a) Submit original and two (2) copies of the invoices to the following designated billing office

CONTRACTING OFFICER, U. S. COAST GUARD

CIVIL ENGINEERING UNIT MIAMI

15608 S. W. 117TH AVENUE, MIAMI, FLORIDA 33177-1630

Contracting Officer’s Technical Representative, address to be provided during the Preconstruction Conference for the receiving report portion to be executed.

(b) Failure to submit the invoice to the designated payment office, via the Contracting Officer’s Technical Representative, will delay prompt payment of your invoice.

G.5 INVOICE

To be accomplished on the form provided by the Coast Guard. See Section J for copy of said form.

G.6 GOVERNMENT REPRESENTATIVES

The Government may, upon contract award or thereafter, name representatives with titles such as Project Engineer, Contracting Officer’s Technical Representative(s), Inspector(s), and so on. Such individuals will be named in writing by the Contracting Officer, with individual responsibilities set forth at that time.

In any event, no such named individual has the authority to issue any direction under this contract either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner.

14 (REV 05/16/2009 FAC 2005-31)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. ENGLISH

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

Communications in other than English will not be accepted.

H.2. JOB SUPERINTENDENT

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-06. The contractor shall provide a job superintendent on the site at all times during contract performance that is able to read, write, understand, and speak English.

H.3 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor, in connection with any proposal made for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated progress schedule that includes all changes implemented by the modification.

H.4 SANITATION

Adequate sanitary conveniences of an approved type for the use of persons employed on the work, and properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be required or approved by the Contracting Officer. These conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the work they shall be removed from the premises, leaving the premises clean and free from nuisance.

H.5 WORK OUTSIDE REGULAR WORK HOURS

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

Approval of a Contractor’s application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.6 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR Clause 52.222-11 in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

15 (REV 05/16/2009 FAC 2005-31)

SECTION H (Continued)

H.7 REQUIRED BONDING –

BID BOND will be required as follows: 20% of the price bid; PROVIDE with bid.

PERFORMANCE BOND (Standard Form 25) will be required as follows: 100% of total amount of contract; PROVIDE fifteen (15) calendar days after award.

PAYMENT BOND (Standard Form 25a) will be required as follows: 100% of total amount of contract; PROVIDE fifteen

(15) calendar days after award.

Performance and payment bonds placed with a surety or sureties acceptable to the Government and in the amounts indicated shall be submitted within fifteen (15) calendar days after receipt of award and shall be maintained for the entire contract.

H.8 REQUIRED INSURANCE

(a) The contractor shall procure and maintain insurance during the entire period of performance under this contract, in accordance with Federal Acquisition Regulation (Clause No. 52.228-5, entitled “INSURANCE - WORK ON A GOVERNMENT INSTALLATION” (JAN 1997) (See Section I). FAR 28.307-2 states the following minimum amounts of liability:

MINIMUM COVERAGE REQUIRED

(1) Workers’ Compensation and Employer’s Liability - at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(2) General Liability. - bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000. per occurrence.

(3) Automobile Liability. - automobile liability insurance written on the comprehensive form of policy of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(b) As evidence that the specified insurance has been obtained, the contractor shall furnish the contracting officer with a certificate of insurance. Such certificate shall be furnished prior to commencement of work and shall provide for thirty

(30) calendar days written notice to the Contracting Officer.

16 (REV 05/16/2009 FAC 2005-31)

SECTION H (Continued)

H.9 REPORTING REQUIREMENT FOR OCEAN SHIPMENTS OF CARGO

(a) The contractor shall submit, for each individual ocean shipment of cargo, one legible copy of the bill-of-lading to the Maritime Administration (MARAD), Division of National Cargo, Office of Market Development, 400 7th Street, SW, Washington, D.C., 20590.

(b) Each bill-of-lading shall contain the following information:

(1) Sponsoring U. S. Government Agency.

(2) Name of Vessel.

(3) Vessel Flag of registry.

(4) Date of Loading.

(5) Port of Loading.

(6) Port of final discharge.

(7) Description of Commodity.

(8) Gross weight in pounds and cubic feet, if available.

(9) Total ocean freight revenue in U. S. dollars.

(c) The contractor shall furnish the bills-of-lading to MARAD within 20 working days of the loading for shipments originating in the United States or within 30 working days for shipments originating outside the United States.

(d) The contractor shall also furnish a legible copy of the bill-of-lading to the contracting officer.

H.10 SUBMISSION OF 10 U.S.C. 2323 DATA

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

17 (REV 05/16/2009 FAC 2005-31)

PART II

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference (indicated by [X]), with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make full text available. Also, the full text of a clause may be assessed electronically at this/these address(es): http://www.arnet.gov/far/

PART I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

[X] 52.202-1 DEFINITIONS (JUL 2004)

[X] 52.203-3 GRATUITIES (APR 1984)

[X] 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

[X] 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

[X] 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

[X] 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

[X] 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) [X] 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

[X] 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

[X] 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

[X] 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

[X] 52.204-9 PERSONNEL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

[X] 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

[ ]52.214-26 AUDIT AND RECORDS - SEALED BIDDING (MAR 2009)

[ ]52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS –

SEALED BIDDING (OCT 1997)

[] 52.214-28 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS - SEALED BIDDING

(OCT 1997)

[X] 52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING (JAN 1986)

[X] 52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

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

[X] 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

[ ] 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

[ ] 52.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERANS-OWNED SMALL BUSINESS SET-ASIDE

(MAY 2004)

[X] 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

[X] 52.222-3 CONVICT LABOR (JUN 2003)

[X] 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIMECOMPENSATION

(JUL 2005)

[X] 52.222-6 DAVIS-BACON ACT (JUL 2005)

[X] 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

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

18 (REV 05/16/2009 FAC 2005-31)

SECTION I (Continued)

[X] 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

[X] 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

[X] 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

[X] 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

[X] 52.222-12 CONTRACT TERMINATION-DEBARMENT (FEB 1988)

[X] 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

[X] 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

[X] 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

[X] 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

[X] 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

[X] 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999) [X] 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

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

[X] 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

[X] 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

[X] 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (DEC 2007)

[ ] 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA (JAN 1997)

ALT I (JUL 1995)

[X] 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

[X] 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

[ ] 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

[X] 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

[X] 52.223-15 ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS (DEC 2007)

[X] 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

[ ] 52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA

(NOV 2007)

[X] 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

[X] 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG

1996)

[X] 52.227-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (DEC 2007)

[X] 52.227-17 RIGHTS IN DATA - SPECIAL WORKS (DEC 2007)

[X] 52.228-1 BID GUARANTEE (SEP 1996)

[X] 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

[X] 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

[X] 52.228-11 PLEDGES OF ASSETS (FEB 1992)

[X] 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

[X] 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

[X] 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (NOV 2006)

[X] 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

[X] 52.232-17 INTEREST (OCT 2008)

[X] 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

19 (REV 05/16/2009 FAC 2005-31)

SECTION I (Continued)

[X] 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

[X] 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

[X] 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

[X] 52.233-1 DISPUTES (JULY 2002) - ALTERNATE I (DEC 1991)

[X] 52.233-3 PROTEST AFTER AWARD (AUG 1996)

[X] 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

[X] 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

“The Contractor shall perform on the site and with its own organization work equivalent to at least _15% of the total amount of work to be performed under the contract.”

[X] 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

[X] 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

[X] 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

[X] 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

[X] 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

[X] 52.236-8 OTHER CONTRACTS (APR 1984)

[X] 52.236-9 PROTECTION OF EXISTING VEGETATION STRUCTURE, EQUIPMENT, UTILITIES AND

IMPROVEMENTS (APR 1984)

[X] 52.236-10 OPERATIONS AND STORAGE AREA (APR 1984)

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

[X] 52.236-12 CLEANING UP (APR 1984)

[X] 52.236-13 ACCIDENT PREVENTION, ALT I (NOV 1991)

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

[X] 52.236-17 LAYOUT OF WORK (APR 1984)

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

[X] 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

[X] 52.242-13 BANKRUPTCY (JUL 1995)

[X] 52.243-4 CHANGES (AUG 1987)

[X] 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)

[ ] 52.245-1 GOVERNMENT PROPERTY (JUN 2007) ALT I (JUN 2007)

[ ] 52.245-9 USE AND CHARGES (JUN 2007)

[X] 52.246-21 WARRANTY OF CONTRUCTION (MAR 1994)

[X] 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006)

[X] 52.248-3 VALUE ENGINEERING - CONSTRUCTION (SEP 2006)

[X] 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (MAY 2004) –

ALT I (SEP 1996)

[X] 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

PART II. DEPARTMENT OF HOMELAND SECURITY REGULATION (HSAR) (48 CFR CHAPTER 30) CLAUSES

[X] 3052.211-70 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)

[X] 3052.222-90 LOCAL HIRE (USCG) (JUN 2006)

20 (REV 05/16/2009 FAC 2005-31)

PART II. DEPARTMENT OF HOMELAND SECURITY REGULATION (HSAR) (48 CFR CHAPTER 30) CLAUSES

[ ] 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND

PERMITS (JUN 2006)

[ ] 3052.236-70 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (DEC 2003)

[X] 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

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

[ ] 3052.245-70 GOVERNMENT PROPERTY REPORTS (JUN 2006)

I.2 IN ADDITION TO THE ABOVE CLAUSE INCORPORATED BY REFERENCE, THE FOLLOWING CLAUSES

(INDICATED BY [X]) ARE APPLICABLE TO THE SOLICITATION AND RESULTING CONTRACT:

PART I FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

[ ] 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Chief of the Contracting Office, Civil Engineering Unit Miami and shall not be…