HSCG86-08-R-633038.pdf

SOLICITATION FORMS

UNITED STATES COAST GUARD

CIVIL ENGINEERING UNIT HONOLULU

300 ALA MOANA BLVD. ROOM 8-134

HONOLULU, HI 96850

SOLICITATION NUMBER: HSCG86-08-R-633038

TO: REHABILITATE THE BEQ A/C SYSTEM

USCG INTEGRATED SUPPORT COMMAND, HONOLULU, HAWAII

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 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 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 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 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 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 forwarded to the address below:

Department of Homeland Security

United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests

1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001

Fax: (202) 475-3904

The Ombudsman Hotline telephone number is (202) 372-3695

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCG86-07-R-633038

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2. DATE IISSUED

3/24/07

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2407867633038

6. PROJECT NO.

629027

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Contracting Officer United States Coast Guard Civil Engineering Unit Honolulu 300 Ala Moana Blvd., Rm. 8-134 Honolulu, HI 96850

Same as Block 7

9. FOR INFORMATION

CALL

A. NAME

Bonnie Hoe, Contracting Officer B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(808) 535-3473 FAX (808) 535-3473

SOLICITATION

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

IMPORTANT - NOTICE TO OFFERORS

1. This solicitation contains Sections A through M. Please read the entire solicitation and complete the following:

(a) Sign and return original and one copy of the solicitation form - Standard Form 1442.

(b) Complete and return two copies of Section B, Supplies or Services and Price/Costs and ONE copy of Section K, Representations, Certifications and other Statements of Offerors.

(c) PROVIDE PRICE PROPOSAL AND TECHNICAL PROPOSAL IN ACCORDANCE WITH SECTION L.

(d) A BID BOND IS REQUIRED

(e) See Section L for Instructions, Conditions, and Notice to Offerors.

(f) See Section M for rating factors used for proposal evaluation

2. Before mailing your proposal, please recheck the following:

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

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

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

3. The estimated cost of this work is between $1,000,000.00 and $5,000,000.00.

4. FACSIMILE PROPOSALS WILL NOT BE ACCEPTED.

5. TECHNICAL QUESTIONS REGARDING SPECIFICATIONS AND/OR DRAWINGS MUST BE SUBMITTED IN WRITING

AND FAXED TO THE CONTRACTING OFFICER NO LATER THAN TEN DAYS PRIOR TO THE DATE SET FOR RECEIPT

OF OFFERS.

6. THIS SOLICITATION IS A TOTAL SMALL BUSINESS SET-ASIDE.

11. The contractor shall begin performance within 15 calendar days and complete it within _330__ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F )

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and one copy to perform the work required are due at the place specified in Item 8 by 2:00 pm (hour) local time ___5/7/08___ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is required.

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

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

Standard Form 1442 (rev 4-85)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

FAX:

DUNS:

CODE FACILITY CODE

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

E-MAIL: __________________________________

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

See Block 7 Commanding Officer (1224) USCG Finance Center 1430 Kristina Way Chesapeake, VA 23326-1224 For payment inquiries, call: (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

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

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

(Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

HSCG86-08-R-633038

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Section A Solicitation/Contract Form

Table of Contents

(X) | Sec. |Description | Page(s) |

Part I –The Schedule___________________________________________________________________ X | A |Solicitation/Contract Form | 1-3 | X | B |Supplies or Services and Prices/Costs | 4 | X | C |Description/Specs/Work Statement | 5 | X | D |Safety, Health and Security | 5 | X | E |Inspection and Acceptance | 5-6 | X | F |Deliveries or Performance | 6-7 | X | G |Contract Administration Data | 7-8 | X | H |Special Contract Requirements | 8-10 |

Part II – Contract Clauses_______________________________________________________________ X | I |Contract Clauses | 10-20 |

Part III – List of Documents, Exhibits and other Attachments___________________________________ X | J |List of Attachments | 20 |

Part IV – Representations, and Instructions_________________________________________________ X | K |Representations, Certifications, and other Statements of Offerors | 21-22_| X | L |Instructions, Conditions, and Notices to Offerors | 22-29 | X | M |Evaluation Factors for Award | 29-30 |

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Section B

Supplies or Services and Prices

Item Supplies/Services Quantity Unit Unit Price Amount

1 Provide all materials, labor, tools, equipment, and transportation to rehabilitate the HVAC system for the BEQ at USCG Integrated Support Command, Honolulu, Hawaii in accordance with applicable clauses, provisions, special contract requirements, specifications and drawings contained herein 1 Job Lump Sum $_______

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Section C Description/Specifications

C.1 Drawings and Specifications: The following drawings and specifications are applicable to this acquisition:

(a) Specifications to Rehab BEQ A/C at CG ISC Honolulu, Sand Island, Honolulu, Oahu, Hawaii, February 2008, Project No. 629027

(b) Drawings (See Section 01110 of the specifications)

NOTE: See Section J

Section D Safety, Health and Security

D.1 The following F.A.R. clause is incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at www.arnet.gov/far:

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

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

D.2 The following Department of Homeland Security clauses are incorporated by reference in accordance with Section I, paragraph I.1. . Full text of this clause can be found at http://www.uscg.mil/hq/cg-85/HSAR%202006.pdf.

3052.233-90 Accident and Fire Reporting (DEC 2003)

Section E Inspection & Acceptance

E.1 Final inspection, punch list, acceptance and clean up of the project site shall be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer.

E.2 A Contracting Officer's Representative (COR) to represent the Contracting Officer and inspect all work under the contract will be designated at the Pre-Construction conference. In no instance is the COR authorized to sign contractual documents, order contract changes (except no-cost-no-time field adjustments), modify contract terms, or create any liability on the part of the Government different from that set forth in the contract.

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

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suspension of work as described in Clause 52.212-12, Suspension of Work.

E.3 Daily Reporting Requirement

The Contractor shall prepare and file a "Contractor's Daily Report" for each day of contract performance. These reports shall be delivered to, or if directed, mailed to the COR on Fridays. Each Daily Report shall include all Contractor and subcontractor personnel on the project site, all work performed, equipment used, tests performed, and all general activities for each day of work.

Reports shall be numbered, dated and signed by the Contractor or his superintendent. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.4 The following F.A.R. clause is incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at www.arnet.gov/far:

52.246-12 Inspection of Construction (AUG 1996)

Section F Performance

F.1 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work not later than three hundred thirty (330) calendar days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The work shall be accomplished in phases. Phase I shall begin 45 calendar days after the contractor gives notice in order for the occupants to vacate. Phase I work shall be completed no later than 14 calendars days after work begins. Phase II shall begin 45 calendar days after the contractor gives notice in order for the occupant to vacate. Phase II work shall be completed no later than 75 calendar days after work beings. Prior to Phase III there is a no work period of 60 calendar days.

During this period of work other work will be accomplished within the rooms under a separate contract. Phase III work also includes a 45 calendar day notice for the occupants to vacate, however, this notice can be given within the 60 calendar day no work period. Phase III work shall be completed within 75 calendar days of work beginning.

F.2 Contractor Liability

If the Contractor fails to complete the work within the time specified, or any extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred by the Government due to any unexcuseable delay caused by the Contractor until actual contract completion. Actual damages will consist of, but not be limited to, the following types of costs: Coast Guard Contracting Officer Representative (COR), Project Manager (PM), Inspector and Contracting Officer hours and costs spent on the project past the contract completion date; all per diem travel

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costs, but not including the final inspection trip, occurring for this project after the scheduled contract completion date; and, technical support contractor costs in supporting the Coast Guard in this period past the contract completion date. The above actual damages are in addition to other contractual, regulatory, statutory, and Federal Common Law remedies, protections, and damages.

F.3 52.236-10 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.4 The following F.A.R. clause is incorporated by reference in accordance with Section I, paragraph I.1. Full text of this clause can be found at www.arnet.gov/far.

52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)

Section G Contract Administration Data

G.1 Contract Administration.

The Contracting Officer will administer this contract, or his authorized representative located at the U.S. Coast Guard Civil Engineering Unit, 300 Ala Moana Blvd., Rm. 8-134, Honolulu, Hawaii 96850. Telephone number (808) 541-2158. All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.2 Address of Correspondence

All correspondence unless otherwise specified, shall be directed to the following address:

Contracting Officer Civil Engineering Unit 300 Ala Moana Blvd., Rm. 8-134 Honolulu, HI 96850

G.3 Invoicing Requirements (Firm-Fixed Price)

a. Invoices shall be prepared and submitted in accordance with the provision of F.A.R.

clauses 52.232-5, Payments under Fixed Price Construction Contracts, 52.232-27, Prompt Payment for Construction Contracts and 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration.

b. The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR

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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 U. S. Coast Guard Finance Center.

c. Payments will not be made more frequently than once per month.

d. All requests for progress payments shall include the certification required by F.A.R.

clause 52.232-5 "Payments under Fixed Price Construction Contracts".

Section H Special Contract Requirements

H.1 Requirement for Insurance

In accordance with the provisions of contract clause 52.228-5, "Insurance--Work on a Government Installation (JAN 1997)", the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following insurance coverage in amounts not less than the amount specified below:

Coverage Type of Accident Per Person Per Accident Property

Comprehensive General Liability $200,000 $500,000 $50,000

Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law.

Insurance coverage under the Longshore and Harbor Workers' Act, 33 U.S.C. Sec 901 et seq. is required for employees engaged in "maritime employment on the navigable waters of the United States". All insurance policies shall provide for notice of cancellation and shall be given to the contracting officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

H.2 Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract. Refer to Section I, clause 52.222-11 "Subcontracts (Labor Standards)". A copy of Form SF 1413 will be given to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

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H.3 Modification Proposals - Price Breakdown

The Contractor, in connection with any proposal submitted for a contract modification, shall furnish a price breakdown, in sufficient detail to show overhead costs, profit, and all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification shall also be furnished. The proposal, together with the price break-down and the time extension justification, shall be furnished by the date specified by the Contracting Officer.

Contractor-initiated requests for changes to the contract (other than corrective) shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the contractor.

(2) The request shall state the measurable benefits available to the Government if the proposed change is approved.

(3) Whether or not a time extension will be necessary, and the calendar date that the

Contractor must receive approval or disapproval so as not to affect the work.

(4) The request shall include a complete listing of current costs of labor, materials and equipment costs and proposed change. It shall include a listing, with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer.

The Government will reject any request that does not provide all of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer.

H.4 Submission of 10 U.S.C. 2323 Data

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

H.5 Contractor Security Requirements

At the Preconstruction Conference 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. This list will be updated when changes occur as 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.

Contractor and delivery personnel may be required to present personal photo identification to gain access to the Coast Guard facility. 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

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and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

Contractors shall provide the Contracting Officer's Representative with 24 hours of advance notice of every delivery to the site (e.g., contract, lumber, 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.

Section I Contract Clauses

I.1 52.252-02 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. Full text of these clauses can be found at www.arnet.gov/far.

52.202-01 Definitions (JUL 2004) 52.203-03 Gratuities (APR 1984) 52.203-05 Covenant Against Contingent Fees (APR 1984) 52.203-07 Anti-Kickback Procedures (JUL 1995) 52.203-08 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) 52.204-04 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-07 Central Contractor Registration (JUL 2006) 52.204-09 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-06 Protecting the Governments Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.215-02 Audit and Records - Negotiation (JUN 1999) 52.215-08 Order of Precedence - Uniform Contract Format (OCT 1997) 52.219-06 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-08 Utilization of Small Business Concerns (MAY 2004) (Applicable over $100,000) 52.219-14 Limitations on Subcontracting (DEC 1996) (Applicable over $100,000) 52.222-03 Convict Labor (JUN 2003) 52.222-04 Contract Work Hours and Safety Standards Act--Overtime Compensation

(JUL 2005)

52.222-06 Davis-Bacon Act (JUL 2005) 52.222-07 Withholding of Funds (FEB 1988) 52.222-08 Payrolls and Basic Records (FEB 1988) 52.222-09 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

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52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative-Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era and Other Eligible Veterans (SEP 2006) 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 (SEP 2006) 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.223-02 Affirmative Procurement of Biobased Products Under Service &

Construction Contracts (DEC 2007) 52.223-03 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) 52.223-05 Pollution Prevention and Right-To-Know Information (AUG 2003) 52.223-06 Drug-Free Workplace (MAY 2001) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) 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 (FEB 2006) 52.227-01 Authorization & Consent (DEC 2007) 52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement (AUG

1996) 52.227-04 Patent Indemnity - Construction Contracts (DEC 2007) 52.228-01 Bid Guarantee (SEP 1996)

(c) The amount of the bid guarantee shall be twenty percent (20%) of the bid price or $300,000, whichever is less.

52.228-02 Additional Bond Security (OCT 1997) 52.228-05 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledge 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) 52.229-03 Federal, State, & Local Taxes (APR 2003) 52.232-05 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (JUN 1996) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (SEP 2005) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2003)

52.233-01 Disputes (JUL 2002) 52.233-03 Protest After Award (AUG 1996) 52.233-04 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-02 Differing Site Conditions (APR 1984) 52.236-03 Site Investigation & Conditions Affecting Work (APR 1984)

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52.236-05 Material & Workmanship (APR 1984) 52.236-06 Superintendence by the Contractor (APR 1984) 52.236-07 Permits & Responsibilities (NOV 1991) 52.236-08 Other Contracts (APR 1984) 52.236-10 Operations & Storage Area (APR 1984) 52.236-11 Use & Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-14 Availability & Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications & Drawings for Construction (FEB 1997) Alternate I (APR

1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) (Applicable over $100,000) 52.243-04 Changes (AUG 1987) 52.243-07 Notification of Changes (APR 1984) (Applicable over $1,000,000) 52.244-06 Subcontracts for Commercial Items (MAR 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) 52.248-03 Value Engineering—Construction (SEP 2006) 52.249-02 Termination for Convenience of the Government (Fixed-Price) (MAY

2004) Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.251-01 Government Supply Sources (APR 1984) 52.252-04 Alterations in Contract (APR 1984) Portions of this contract are altered as follows: Section D has been changed to "Safety, Health and Security."

52.253-01 Computer Generated Forms (JAN 1991)

I.2 52.219-28 Post-Award Small Business Program Rerepresentation (June 2007)

(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.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent 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.

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(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 rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation 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 rerepresentation 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 rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

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

I.3 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;

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(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.

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I.4 52.223-09 Estimate of Percentage of Recovered Material Content for EPA Designated Products (AUG 2000)

(a) Definitions. As used in this clause— “Post consumer material,” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post consumer material is a part of the broader category of “recovered material.”

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

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

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of post consumer material content; and

(2) Submit this estimate to the Contracting Officer.

I.5 52.225-9 Buy American Act-Construction Materials (JAN 2005)

(a) Definitions. As used in this clause—

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the 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 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.

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

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

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(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

None

(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.

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(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 Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

II. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR,

Chapter 12) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Full text of these clauses can be provided upon request.

3052.211-71 Index For Specifications (DEC 2003) 3052.215-70 Key Personnel and/or Facilities (DEC 2003) The key personnel provided in the offerors technical proposal are considered Key Personnel under this clause.

3052.222-90 Local Hire (JUN 2006) 3052.223-70 Removal or Disposal of Hazardous Substances - Applicable Licenses and Permits

(JUNE 2006) …“shall obtain all requisite licenses and permits within 30 days after date of award.”

3052.228-70 Insurance (DEC 2003) 3052.228-90 Notification of Miller Act Payment Bond Protection (DEC 2003)

3052.242.71 Dissemination of Contract Information (DEC 2003)

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

I. 6 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

FAC 2005-24

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, Public Law 107-296, 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…