IFB 09-3WN037 cape may.doc

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.

To access the Standard Form (SF) 1442, double-click on above icon.

After obtaining the SF-1442, close the document, and continue scrolling down from this point to obtain the remainder of the Invitation for Bid (IFB). You must return one (1) complete copy of the entire solicitation package which includes SF-1442, Sections B-M, Reference Sheet, and Bid Bond (SF 24). Please mail your bid to the address listed in block 7 of SF-1442. Do not call to inquire if your bid has been received, as this information will not be released.

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1: Provide all necessary labor, materials, equipment, supervision and transportation necessary for Electrical Distribution System Upgrades at USCG TRACEN Cape May, NJ.

B-1: $___________________________________ (Insert Bid Amount in block 17, page 2, SF-1442).

All work shall be performed in accordance with USCG Specification dated May 2009 entitled “Electrical Distribution System Upgrades at USCG TRACEN Cape May, NJ”, and USCG Construction Drawings T-5897-ED-T-5904-ED, sheets 1 through 8; and the clauses and provisions incorporated herein.

Note: Please insert your DUNS and Taxpayer I.D. numbers below:

DUNS NUMBER ___________________ TAX ID NUMBER _________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. See Specification entitled “Electrical Distribution System Upgrades at USCG TRACEN Cape May, NJ” dated May 2009 and USCG Construction Drawings T-5897-ED-T-5904-ED, sheets 1 through 8.

SECTION D - PACKAGING AND MARKING

D-1. All correspondence, submittals, emails, etc. shall be marked with the solicitation/contract number.

SECTION E - INSPECTION AND ACCEPTANCE

E-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far or http://farsite.hill.af.mil/vffar1.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996).

SECTION F - DELIVERIES OR PERFORMANCE

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

F-1. FAR 52.211-10 Commencement, Prosecution & Completion of Work

(APR 1984).

The Contractor shall be required to (a) commence work under this contract within 10 calendar days, (b) prosecute the work diligently, and (c) complete the entire contract within 224 calendar days after receipt of a Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The Performance Period includes O weather days. The definition of a weather day is as follows: A weather day must prevent work for 50 percent or more of the Contractor work day and delay work critical to the timely completion of the project. If the number of actual weather days exceeds the number of days anticipated by the Coast Guard, then the Contracting Officer may convert any qualifying delays to calendar days and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. ORIGINAL INVOICE to be submitted directly to: (Invoices shall be marked with the Contract and DUNS Number) Contracting Officer USCG Civil Engineering Unit Attn: Colleen Henry 1240 East Ninth Street, Room 2179 Cleveland, Ohio 44199-2060

THIS IS THE DESIGNATED BILLING ADDRESS).

NOTE: This contract incorporated FAR Clause 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003). All contractors doing business with the U.S. Government are required to register in this database. No payment can be made until you are registered. You can register online at the Central Contractor Registration database at: www.ccr.gov The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

G-2. CORRESPONDENCE

All correspondence, emails, invoices, etc. shall be sent directly to:

Contracting Officer

USCG Civil Engineering Unit Attn: Colleen Henry

1240 East Ninth Street, Rm. 2179

Cleveland, OH 44199-2060 or by email to: Colleen.A.Henry@uscg.mil

Please ensure these documents reference the Contract Number.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. The estimated range of this procurement is between $500,000.00 and $1,000,000.00.

H-2. EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (ALL CONTRACTORS HOLDING CONTRACTS OF $10,000 OR MORE)

All contractors holding federal contracts of $10,000 or more are required by federal regulation to report at least annually to the U.S. Department of Labor. Further information and necessary forms can be obtained by writing to:

U.S. Department of Labor Office of Veterans' Employment & Training 649 Monroe St.

Montgomery, AL 36131-2279

H-3. REQUIRED BONDS (BIDS $30,000.00 AND OVER).

A Bid Bond is not required for quotes under $100,000.00.

Awards exceeding $30,000.00 but not exceeding $100,000.00: Within TEN days from the receipt of the Notice of Award the Payment Bond is required at 100% of the award amount.

Awards exceeding $100,000.00: Bid Bond in the amount of 20% of the bid price shall be submitted with the bid by the time set for bid opening. Performance and Payment Bonds in the amount of 100% of the contract price will be required after award of the contract. Performance and Payment Bonds shall be submitted within TEN calendar days after receipt of Notice of Award. Performance and Payment Bond Forms shall be provided with the “Notice Award.”

H-4. REQUIRED INSURANCE

(1) Within 15 calendar days after the award of this contract or prior to commencing work, whichever occurs first, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with FAR 52.228-5, Insurance - Work on a Government Installation.

Contractor shall maintain insurance coverage throughout the period of this contract performance. Other requirements and information are contained in the aforementioned insurance clause.

TYPE AMOUNT

Worker's Compensation Per state law.

“Comply with applicable Federal and State worker’s compensation and occupational disease statutes” Employer's Liability Insurance:

General Liability-Comprehensive Bodily Injury $500,000 per occurrence

Automobile Liability

Bodily Injury $500,000 per occurrence $200,000 per person Property Damage $ 50,000 per occurrence

H-5. MODIFICATION PROPOSALS – PRICE BREAKDOWN

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown--

1. Must include sufficient detail to permit an analysis of profit, and of all costs for--

(i) Material

(ii) Labor

(iii) Equipment

(iv) Subcontracts; and

(v) Overhead; and

2. Must cover all work involved in the modification, whether the work was deleted, added or changed.

(c) The contractor shall provide similar price breakdown to support any amounts claimed for subcontracts.

(d) The contractor's proposal shall include a justification for any time extension proposed.

H-6. SUPERINTENDENCE BY CONTRACTOR – In accordance with FAR 52.236-6, Superintendence by the Contractor, the contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on-site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor). The profile/summary shall include an outline of the superintendent’s qualifications and the extent of his authority.

Special Notice: The Superintendent and Alternate shall have the ability to speak, read and write English fluently.

H-7. FIELD OFFICE - Office space and telephone service required for the Contractor's operations shall be the responsibility of the Contractor.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Upon request, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far or http://farsite.hill.af.mil/vffar1.htm

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

52.202-1 Definitions (JULY 2004).

52.203-3 Gratuities (APR 1984).

52.203-5 Covenant Against Contingent Fees (APR 1984).

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006).

52.203-7 Anti-Kickback Procedures (JUL 1995).

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997).

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997).

52.203-12 Limitation of Payments to Influence Certain Federal Transactions

(SEPT 2007).

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000).

52.204-7 Central Contractor Registration (APR 2008).

52.204-9 Personnel Identity Verification of Contractor Personnel (SEPT 2007).

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation (JUL 2009)

52.209-6 Protecting the Government's Interest When Sub-contracting with Contractors Debarred, Suspended, or Proposed for Debarment

(SEPT 2006).

52.214-29 Order of Precedence – Sealed Bidding (JAN 1986).

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003).

52.219-8 Utilization of Small Business Concerns (MAY 2004).

52.219-14 Limitations on Subcontracting (DEC 1996). (25%).

52.222-3 Convict Labor (JUNE 2003).

52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation

(JULY 2005).

52.222-6 Davis-Bacon Act (JULY 2005).

52.222-7 Withholding of Funds (FEB 1988).

52.222-8 Payrolls and Basic Records (FEB 1988).

52.222-9 Apprentices and Trainees (JULY 2005).

52.222-10 Compliance with Copeland Act Requirements (FEB 1988).

52.222-11 Subcontracts (Labor Standards) (JULY 2005).

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

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988).

52.222-15 Certification of Eligibility (FEB 1988).

52.222-21 Prohibition on Segregated Facilities (FEB 1999).

52.222-26 Equal Opportunity (MAR 2007).

52.222-27 Affirmative Action Compliance Requirements for Construction

(FEB 1999).

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006).

52.222-36 Affirmative Action for Workers with Disabilities (JUNE 1998).

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEPT 2006).

52.222-50 Combating Trafficking in Persons (FEB 2009).

52.223-2 Affirmative Procurement of Bio-based Products Under Service and

Construction Contracts (DEC 2007).

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003).

52.223-6 Drug-Free Workplace (MAY 2001).

52.223-14 Toxic Chemical Release Reporting (AUG 2003).

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007).

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

52.227-1 Authorization and Consent (DEC 2007).

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007).

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007).

52.228-1 Bid Guarantee (SEPT 1996). (20%) 52.228-2 Additional Bond Security (OCT 1997).

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

52.228-11 Pledges of Assets (FEB 1992).

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995).

52.228-14 Irrevocable Letter of Credit (DEC 1999).

52.228-15 Performance and Payment Bonds - Construction (NOV 2006).

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

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

52.232-17 Interest (OCT 2008).

52.232-23 Assignment of Claims (JAN 1986).

52.232-27 Prompt Payment for Construction Contracts (OCT 2008).

The due date for making PROGRESS PAYMENTS shall be 21 days after receipt of the payment request by the designated billing office.

FINAL PAYMENT shall be 30 days after receipt of the payment request by the designated billing office.

52.232-33 Payment by Electronic Funds Transfer— Central Contractor Registration (OCT 2003). Please register via the following website:

http://www.ccr.gov 52.233-1 Disputes (JULY 2002).

52.233-3 Protest After Award (AUG 1996).

52.233-4 Applicable Law for Breach of Contract Claims (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 the Contractor (APR 1984).

52.236-7 Permits and Responsibilities (NOV 1991).

52.236-8 Other Contracts (APR 1984).

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984).

52.236-10 Operations and Storage Areas (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 (NOV 1991).

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

52.236-15 Schedules for Construction Contracts (APR 1984).

52.236-17 Layout of Work (APR 1984).

52.236-21 Specifications & Drawings for Construction (FEB 1997) (ALT 1) (APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.242-13 Bankruptcy (JULY 1995).

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes (JUNE 2007).

52.244-6 Subcontracts for Commercial Items (MAR 2009).

52.246-21 Warranty of Construction (MAR 1994).

52.248-3 Value Engineering--Construction (SEPT 2006).

52.249-2 Termination for Convenience of the Government (Fixed Price) (May 2004) (Alt. 1)(1996).

52.249-10 Default (Fixed-Price Construction) (APR 1984).

52.253-1 Computer Generated Forms (JAN 1991).

I-2. II. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION

(48 CFR CHAPTER 30 CLAUSES)

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).

3052.222-90 Local Hire (JUNE 2006).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUNE 2006). (30 Days) The contractor shall complete the following:

The contractor certifies that is has [ ] does not have [ ] all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services.

3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70 Insurance (DEC 2003).

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

(c) The surety which has provided the payment bond under the prime contract is:

NAME: _________________________________________________________________

STREET ADDRESS: ______________________________________________________

CITY, STATE, ZIP CODE: __________________________________________________

CONTACT & TEL. NO: ____________________________________________________

3052.242-71 Dissemination of Contract Information (DEC 2003) 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003).

I-3. FAR 52.219-28 Post-Award Small Business Program Representation

(APR 2009).

(a) Definitions. As used in this clause--

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts—

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

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

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

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

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

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

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

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238210 assigned to contract number HSCG83-09-C-3WN037.

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

I-4. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004).

(a) Definition. As used in this clause-

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

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted.

The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

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

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

Washington, DC 20570 1-866-667-6572 1-866-316-6572 (Tty)

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

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

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures.

Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

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

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

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

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

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

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

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

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

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

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

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

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

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.

Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I-5. FAR 52.225-9 Buy American Act—Construction Materials (FEB 2009).

(a) Definitions. As used in this clause-

"Commercially available off-the-shelf (COTS) item”

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

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

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means--

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S. C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction materials 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___________________ (List applicable excepted materials or indicate "None")

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

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

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

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

(c) Request for determination of inapplicability of the Buy American Act (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is non-compliant 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

Construction Material Unit of Price Description Measure Quantity (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).

I-6. FAR 52.225-10 Notice of Buy American Act/Balance of Payments Program Requirement – Construction Materials (FEB 2009).

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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 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 nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

I-7. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates

(JUNE 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 after 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 a 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(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 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.

III - LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J-1. Davis-Bacon Area Wage Rates for Cape May County, NJ.

J-2. Request for Information Form (for requesting information or clarification of specifications and plans).

J-3. Reference Information Form

J-4. Specification for Electrical Distribution System Upgrades at USCG TRACEN Cape May, NJ dated May 2009.

J-5. USCG Construction Drawings T-5897-ED-T-5904-ED, sheets 1 through 8.

J-6. Daily Report Form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

K-1. FAR 52.204-8 Annual Representations and Certifications (FEB 2009).

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $14.0 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

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

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

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

(B) Exceed the simplified acquisition threshold;

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

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

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

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

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

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

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

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the

United States or its outlying areas.

(x) 52.222-22,…