FINAL WASCHE MR 1 SOLICITATION.doc

OMBUDSMAN NOTICE

NOTICE FOR FILING AGENCY PROTESTS

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

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

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

FORMAL AGENCY PROTEST WITH THE OMBUDSMAN: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protests to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (GG-913)

Acquisition Planning and Performance Measurement

1900 Half St. SW, Room 11-0402

Washington, DC 20593

Telephone: (202) 372-3692

Fax: (202) 475-3904

DO-A3

Page of Pages

HSCG85-10-R-610940

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

5. DATE ISSUED

4 DEC 2009

6. REQUISITION/PURCHASE NO.21-10-850610940

7. ISSUED BY

CODE

COMMANDER – USCG SURFACE FORCES LOGISTICS CENTER

LONG RANGE ENFORCER PRODUCT LINE

OFB 1301 CLAY ST. SUITE 807N

OAKLAND, CA 94612-5249

MAINTENANCE & REPAIR PERIOD 1 (M&R 1) ON USCGC WAESCHE (WMSL 751) Performance: 2 March 2010 – 29 May 2010 ** IMPORTANT – SEE NOTE TO SECTION B REGARDING BREAK IN THE PERFORMANCE PERIOD**

NOTE: In sealed bid solicitations, “offer” and “offeror” mean “bid” and “bidder.”

9. Sealed Offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if Handcarried, in the depository located in Proposals must be received not later than 5 January 2010, 11:00 A.M. Local California Time

CAUTION–LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

OFFER

(Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

15A.NAME &

ADDRESS OF

OFFEROR

CODE

DUNS #

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

FORMCHECKBOX

10 U.S.C. 2304 (c)(5)

FORMCHECKBOX

41 U.S.C. 253(c)(

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

See Block 7

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

COMMANDING OFFICER

USCG FINANCE CENTER, 1430 KRISTINA WAY

CHESAPEAKE, VA 23326-1224

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33

Prescribed by GSA – FAR (48 CFR) 53.214(c)

SECTION B: SUPPLIES OR SERVICES AND PRICES

NOTICE TO OFFERORS: Offeror(s) must complete and submit all applicable items of this Solicitation, with particular emphasis on Sections A, B, I and K. This is a Total Small Business Set-Aside

Provide all labor, materials and equipment, except as specified, to perform INDUSTRIAL SUPPORT FOR INSTALLATION OF THE SECURE COMMUNICATIONS INFORMATION FACILITY (SCIF) ON USCGC WAESCHE (WMSL 751) DURING MAINTENANCE & REPAIR PERIOD 1 (M&R-1), at cutter’s home moorage in Alameda, California, during the period of 2 March 2010 to 29 May 2010. ** IMPORTANT NOTE** CGC WAESCHE IS SCHEDULED TO BE COMMISSIONED AT COAST GUARD ISLAND ON FRIDAY 7 MAY 2010. THEREFORE NO CONTRACTOR WORK ON OR NEAR THE SHIP WILL BE ALLOWED BEGINNING 0700 ON MONDAY 3 MAY 2010 UNTIL 0700 ON SATURDAY 8 MAY 2010. THERE WILL BE SPECIFIC LIMITATIONS ON THE EQUIPMENT THAT THE CONTRACTOR MAY HAVE ON THE SHIP AND ON THE PIER ADJACENT TO THE SHIPS LOCATION, ALL AS MORE FULLY SET FORTH IN THE GENERAL REQUIREMENTS’ SECTION OF THE SPECIFICATIONS ACCOMPANYING THIS REQUEST FOR PROPOSALS. BIDDERS MUST TAKE INTO ACCOUNT THESE LIMITATIONS IN PREPARING THEIR RESPONSE TO THIS RFP.

B.1 DEFINITE ITEMS – If there is an award, these items will be awarded. The bid shall be evaluated to include the bid price for each definite item.

TOTAL PRICE

B.2 OPTIONAL ITEMS – Optional Item (IF ANY) O-xx THROUGH O-xx may be awarded concurrent with Definite Items or when funds become available, but not later than 14 calendar days after commencement of the Definite Items, to maintain performance schedule. See Section H “Optional Items”.

O-xx

B.2A COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES (NON-FIRE WATCH)

The following labor hour rate shall be used in pricing all contract changes (except for the fire watch portion) in accordance with the clause of Section H entitled "COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES."

Labor Hour Rate

Estimated Quantity**

Extended Amount

**NOTE: The estimated quantity and extended amount indicated above are for evaluation of bids only. The quoted rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

B.2B COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES FOR FIRE WATCHES

The following labor hour rate shall be used in pricing the fire watch portion of all contract changes in accordance with the clause of Section H entitled "COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES."

Labor Hour Rate

Estimated Quantity**

Extended Amount

**NOTE: The estimated quantity and extended amount indicated above are for evaluation of bids only. The quoted rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

SECTION C - DESCRIPTION AND SPECIFICATION

C.1 DESCRIPTION OF WORK

The Contractor shall furnish all necessary labor, materials, services, equipment, supplies, power, accessories, and other such things as are necessary, except as otherwise specified, TO PERFORM INDUSTRIAL SUPPORT FOR INSTALLATION OF THE SECURE COMMUNICATIONS INFORMATION FACILITY (SCIF) ON USCGC WAESCHE (WMSL 751) DURING MAINTENANCE AND REPAIR PERIOD 1 (MSA-1) in accordance with resultant contract and specifications referenced in Section J, List of Attachments.

C.2 SPECIFICATION AND DRAWINGS -- See Section J, List of Attachments.

SECTION D - PACKAGING AND MARKING

D.1 Packaging and Marking as indicated in the specification.

INTENTIONALLY LEFT BLANK

SECTION E - INSPECTION AND ACCEPTANCE

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

This contract incorporates the following 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 addresses: www.arnet.gov or http://farsite.hill.af.mil

FEDERAL ACQUISITION REGULATIONS (48 CFR, CHAPTER 1), CLAUSES:

52.246-2 Inspection of Supplies - Fixed Price

(AUG 1996)

52.246-4 Inspection of Services - Fixed Price

(AUG 1996)

52.246-16 Responsibility for Supplies

(APR 1984)

E.2 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

A. Contracting Officer: The Contracting Officer has the overall responsibility for the administration of this contract. He or she alone is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, details or delivery schedules. The Contracting Officer may delegate certain technical responsibilities to a technical representative.

B. Administrative Contracting Officer (ACO): An Administrative Contracting Officer may be designated in writing to administer this contract. He/She will act as Contracting Officer in all general matters and for all monetary adjustments within his/her warranted authority.

C. Contracting Officer’s Technical Representative (COTR) will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work.

D. Wherever the terms "Authorized Representative of the Contracting Officer", "Inspecting Officer", or "Commanding Officer" appear in the Contract or referenced documents, it shall be taken as reference to the COTR.

E. The COTR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes regarding performance of the contract shall be brought promptly to the attention of the Contracting Officer.

E.3 PLACE OF ACCEPTANCE

The place of acceptance is designated as follows: Onboard the USCGC WAESCHE (WMSL 751).

INTENTIONALLY LEFT BLANK

SECTION F - DELIVERIES OR PERFORMANCE

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

This contract incorporates the following 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 addresses: www.arnet.gov or http://farsite.hill.af.mil

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1), CLAUSES:

52.242-15 Stop-Work Order

(AUG 1989)

52.242-17 Government Delay of Work

(APR 1984)

52.247-55 F.O.B. Point For Delivery of Government-Furnished Property

(JUN 2003)

F.2 PERFORMANCE

A. TIME OF PERFORMANCE

USCGC WAESCHE (WMSL 751) will be available for performance of the work under this contract during the period of 2 March 2010 through 29 May 2010. HOWEVER SEE NOTE TO SECTION B SPECIFYING THE PERIOD DURING THIS TIME THAT THE SHIP WILL NOT BE AVAILABLE TO THE CONTRACTOR DUE TO PLANNED COMMISSIONING CEREMONIES.

B. PLACE OF PERFORMANCE

(1) All work under this contract shall be performed at the cutter’s home moorage in Alameda, CA.

(2) The work to be performed on the cutter shall not be performed at any other location unless the Contracting officer approves a change in location in writing, in advance.

F.3 GOVERNMENT PROPERTY

For a consolidated list of Government Furnished Property, see specifications referenced in Section J. The Government Furnished Property Administrator, for this contract will DCCS Russell Guthrie, at (510) 437-5758.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICING REQUIREMENTS -- FIRM FIXED PRICE

A. OMB Circular A-125 provides that the following data must be included in an invoice for it to constitute a proper invoice:

(1) Name of the business concern and invoice date.

(2) Contract number, or other authorization for delivery of property or service.

(3) Description, price, and quantity of property and services actually delivered or rendered.

(4) Shipping and payment terms.

(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

B. An original invoice shall be submitted to the following designated office:

Commander Surface Forces Logistics Center

Long Range Enforcer Product Line Attn: Michael T. Leonard Federal Office Building 1301 Clay Street, Suite 807N

Oakland, CA 94612-5249 M/F: Contract No. HSCG85-10-C-610940

C. Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at (757) 523-6940.

G.2 PROGRESS PAYMENTS

A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than every two weeks from beginning of performance.

B. The invoice amount shall reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer.

C. All material and work paid for by progress payments shall thereby become the sole property of the Government, but this provision shall not relieve the Contractor from the obligation to complete the requirements of the contract.

D. The contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ADDITIONAL WORK

A. If the need for additional work develops, the Contractor must obtain authority orally or in writing from the Contracting Officer before proceeding with such work.

B. To the extent requested by the Contracting Officer, the Contractor shall prepare and submit written proposals for proposed change orders which may be required to include:

(1) A complete breakdown of labor hours and costs by labor category and phase of work as identified by the Contracting Officer;

(2) A complete breakdown of material costs showing material required, source (with point of contact), part number, unit and extended cost and contractor's material handling charge/profit; and

(3) A complete breakdown of labor and material as described above for each proposed subcontractor.

C. The contractor shall submit written proposals and breakdowns to the Contracting Officer via facsimile transmission or email to: Michael.t.leonard@uscg.mil

H.2 COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES (INCLUDING FIRE WATCHES)

A. The composite labor hour rate bid in Section B.2A and B.2B shall be the sole labor hour rates used to price the prime contractor's direct labor hours for all contract changes, whether growth within scope or new work. The contractor shall not receive any compensation in addition to this rate for prime contractor's direct labor associated with changes under this contract.

B. The composite labor hour rates shall represent total compensation for the following: direct labor; any port or association fees, rents or other levies; all overhead and general and administrative costs; profit; and all direct and indirect costs and profit associated with following support functions:

Supervision Quality Assurance

Planning Engineering

Surveyors

Transportation/Drivers Worker Transit Time

Material Handling Testing

Cleaners Guards

Estimating Contract Administration

C. The composite labor hour rates will be used in pricing production labor hours, which shall include only those hours necessary and reasonable to perform direct production functions, and will not include the support functions listed above, whether such support functions are normally charged directly or indirectly by the contractor's accounting system. These support functions are to be priced into the composite labor rate and shall not be separately compensated.

D. This clause shall not affect the other rights of the parties under FAR 52.243-1, CHANGES-FIXED PRICE (AUG 1987), including the right of the Contracting Officer to issue unilateral change orders, and the right of the contractor to request equitable adjustment.

E. The Estimated Quantities indicated by the Government in Section B.2A and B.2B are an estimate only, and the Extended Amounts indicated by the offeror in Section B is not ordered by award of a contract pursuant to this solicitation. The Estimated Quantities represents the Government's best estimate of the total number of hours that will be required. The actual number of hours may be greater or less.

H.3 OPTIONAL ITEMS

Any combination of (ANY) Optional Items O-xx through O-xx may be awarded if the Coast Guard determines that any or all of them can be performed within the time frame allocated for this availability, and within the funds available, at the price quoted in the Contractor’s bid and without any other consideration whatsoever. However, after midnight on the 14th calendar day after commencement of work on the Definite Items, the Contractor shall have the right to refuse to accept the award of any previously un-awarded Optional Item. Such award refusals shall bar neither the Government nor the Contractor from subsequently negotiating with each other for performance of the work embodied in the refused Optional Item.

These Optional Items shall be awarded by written notice to the Contractor through issuance of a contract modification (SF-30). Transmission of the SF-30 notice of exercise of options to the contractor via scanned email document or FAX is authorized. For purposes of determining the exact time of scanned email or FAX transmission, the time, date, and year of transmission automatically applied to the email or FAX and/or the FAX record of transmission at the contracting office shall govern. Evaluation of the Optional items will not obligate the Government to award any or all of them.

H.4 INSURANCE REQUIREMENTS

A. The contractor shall be required to procure and thereafter maintain the following insurance:

(1) Ship repairer's legal liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00.

(2) Comprehensive general liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each vessel, boat and barge upon which work is to be performed under this solicitation and the contract resulting therefrom:

(3) Full insurance coverage in accordance with the State Workmen's Compensation law; and

(4) Full insurance coverage in accordance with the United States Longshore and Harbor Workers' Compensation Act.

B. As evidence that he has obtained the insurance specified in this schedule, the contractor shall furnish the contracting officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificate shall be furnished before commencement of work. Each certificate shall state that (NAME OF INSURER) has insured (NAME OF CONTRACTOR), in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (DATE) and that each such policy contains the following clause:

"It is agreed that in the event of cancellation, or any material change in the policy adversely affecting the interest of the Government in this insurance, thirty (30) days' prior written notice will be given to the Contracting Officer."

C. A Bidder who proposes to self-insure for any of the risks set forth in the Liability and Insurance clause and in the Insurance Requirements clause contained herein shall submit satisfactory evidence to permit the Contracting Officer to determine that the bidder's assets are sufficient for the risks set forth in such clauses. The bidder shall submit with his bid two (2) certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the Bidder or as required by the Contracting Officer. For approval of self-insurance under the State Workmen's Compensation Law and the United States Longshore and Harbor Workers' Compensation Act, evidence of qualifications as a self-insurer under the applicable compensation statute must be furnished to the contracting officer.

H.5

SECURITY REQUIREMENTS

A. For each affected Coast Guard facility, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities.

B. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

C. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

H.6 CONTRACTOR PERFORMANCE EVALUATION

A. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report by the end user(s) for use by this agency and other government agencies on future source selection decisions. The report will be compiled jointly by the Contracting Officer's Technical Representative (COTR) and the Port Engineer (PE) at the conclusion of the contract. The Contracting Officer will input his/her comments and forward the report to the contractor, for comment. In the case of a contract with option years, an interim report will be completed in November of each year. The areas to be evaluated are:

Quality of Product or Service

Business Relations

Timeliness

Meeting SDB Subcontracting Requirements

B. Each area will be evaluated using the following scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0).

C. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Where the NIH CPS is used, a hard copy of the evaluation report is not maintained in contract file unless a level above the contracting officer review is necessary. At this the CPS does not currently contain an electronic means to retain the level above review, therefore, a hard copy of the level above review will be contained in the contract file.

D. All contractors are encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

E. The results of the report will be provided to the contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded for official use only in accordance with Federal Acquisition Regulation Part 3.104. Comments shall be limited to 2000 characters for each area evaluated. In the cases where the contractor does not directly input their comments into the database, the contracting officer will use their best efforts to transfer the contractor’s input into the database. In those cases where the contractor exceeds the 2000 character limitation, the contracting officer will input comments up to the 2000 character limit. In these circumstances the contracting officer will close the comments with the following

“Due to the contractor exceeding the 2000 character limitation, the remainder of the comments may be obtained from the contracting officer.”

F. A copy of the Contractor Performance Report is available upon request.

INTENTIONALLY LEFT BLANK

SECTION I - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: www.arnet.gov or http://farsite.hill.af.mil.

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) CLAUSES:

CLAUSE

TITLE

DATE

52.202-1 Definitions

(JUL 2004)

52.203-3 Gratuities

52.203-5 Covenant Against Contingent Fees

52.203-6 Restriction on Subcontractor Sales to the Government

(SEP 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 on Payments to Influence Certain Federal Transactions

(SEP 2007)

52.204-4 Printed/Copied Double-Sided on Recycled Paper

(AUG 2000)

52.204-7 Central Contractor Registration (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended or Proposed for Debarment

(SEP 2006)

52.211-5 Material Requirements

(AUG 2000)

52.211-15 Defense Priority and Allocation Requirements

(SEP 1990)

52.215-2 Audit and Records – Negotiation

(MAR 2009)

52.215-8 Order of Precedence – Uniform Contract Format

(OCT 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications (OCT 1997)

52.215-13 Subcontractor Cost or Pricing Data – Modifications

(OCT 1997)

52.215-14 Integrity of Unit Prices

(OCT 1997)

52.219-6 Notice of Total Small Business Set Aside

(JUN 2003)

52.219-8 Utilization of Small Business Concerns

(MAY 2004)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.222-19 Child Labor—Cooperation with Authorities and Remedies

(AUG 2009)

52.222-20 Walsh-Healy Public Contracts Act

(DEC 1996)

52.222-21 Prohibition of Segregated Facilities

(FEB 1999)

52.222-26 Equal Opportunity

(MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans

52.222-36 Affirmative Action for Workers with Disabilities

(JUN 1998)

52.222-37 Employment reports on Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans

52.222-50 Combating Trafficking in Persons

(FEB 2009)

52.223-3 Hazardous Material Identification and Material Safety Data—ALT I (JUL 1995)

(JAN 1997)

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)

52.225-13 Restrictions on Certain Foreign Purchases

(FEB 2006)

52.227-1 Authorization and Consent

(DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(AUG 1996)

52.227-3 Patent Indemnity

52.228-5 Insurance – Work On Government Installation (JAN 1997)

52.229-3 Federal, State, and Local Taxes

(APR 2003)

52.232-1 Payments

52.232-8 Discounts for Prompt Payment

(FEB 2002)

52.232-11 Extras

52.232-17 Interest

(OCT 2008)

52.232-18 Availability of Funds

52.232-23 Assignment of Claims

(JAN 1986)

52.232-25 Prompt Payment

(OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2003)

52.233-1 Disputes (ALT I) (DEC 1991)

(JUL 2002)

52.233-3 Protest After Award

(AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claims

(OCT 2004)

52.242-2 Production Progress Reports

(APR 1991)

52.242-13 Bankruptcy

(JUL 1995)

52.243-1 Changes--Fixed-Price

(AUG 1987)

52.244-6 Subcontracts for Commercial Items (AUG 2009) 52.245-1 Government Property – (ALT 1) (JUN 2007)

(JUN 2007)

52.248-1 Value Engineering

(FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price)

(MAY 2004)

52.249-8 Default (Fixed Price- Supply & Service)

52.253-1 Computer Generated Forms

(JAN 1991)

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

3052.211-71 Index for Specifications

(DEC 2003)

3052.217-91 Performance

3052.217-92 Inspection and Manner of Doing Work

3052.217-93 Subcontracts

3052.217-95 Liability and Insurance

3052.217-96 Title

3052.217-97 Discharge of Liens

3052.217-98 Delays

3052.217-99 Department of Labor Safety and Health Regulations for

Ship Repair

3052.217-100 Guarantee (Guarantee period is no less than 60 days)

(JUN 2006)

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

3052.222-90 Local Hire

(JUN 2006)

(DEC 2006)

3052.223-70 Removal or Disposal of Hazardous Substances –

Applicable Licenses and Permits (10 days after award)

3052.223-90 Accident and Fire Reporting (DEC 2003) 3052.228-70 Insurance

3052.242-71 Dissemination of Contract Information

(DEC 2003)

3052.242-72 Contracting Officer's Technical Representative

(DEC 2003)

3052.245-70 Government Property Reports

I.2 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.3 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation..

I.4 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

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

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

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

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

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

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

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

I.5 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Afiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) other 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…