HSCG87-08-B-643027 IFB Package.pdf

SOLICITATION NUMBER HSCG87-08-B-643027

FOR: CONSTRUCT NEW ENTRIES FOR USCG HOUSING

AIR STATION SITKA, ALASKA

NOTE: THIS SOLICITATION PACKAGE CONTAINS SECTIONS A THROUGH M. RETAIN THIS PACKAGE FOR YOUR FILES.

COMPLETE ALL SECTIONS FOUND IN THE SEPARATE ELECTRONIC "BID DOCUMENTS" PACKAGE AND RETURN THEM IN HARD COPY TO THE ISSUING OFFICE SPECIFIED IN ITEM 8 OF THE SOLICITATION, OFFER, AND AWARD, STANDARD FORM 1442 DOCUMENT. FULL TEXT FEDERAL ACQUISITION REGULATION PROVISIONS AND CLAUSES MAY BE ACCESSED THROUGH CEU JUNEAU’S HOMEPAGE AT www.uscg.mil/mlcpac/ceujuneau.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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 http://www.uscg.mil/mlcpac/ceujuneau

SOLICITATION, OFFER AND AWARD HSCG87-08-B-643027

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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 4

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 5

X D PACKAGING AND MARKING 6

X E INSPECTION AND ACCEPTANCE 7

X F DELIVERIES OR PERFORMANCE 8

X G CONTRACT ADMINISTRATION DATA 9-10

X H SPECIAL CONTRACT REQUIREMENTS 11-13

PART II - CONTRACT CLAUSES

X I CONTRACT CLAUSES 14-30

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X J LIST OF ATTACHMENTS 31

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

32-34

X L INST., CONDITIONS, AND NOTICES TO OFFERORS 35-41

X M EVALUATION FACTORS FOR AWARD 42

A.2 The estimated cost of this project ranges between $500,000 and $1,000,000.

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SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

CONSTRUCT NEW ENTRIES FOR USCG HOUSING

AIRSTA SITKA, ALASKA

SCHEDULE OF ITEMS

Provide all materials, equipment, transportation, incidentals, as-builts and perform all labor to accomplish the following items:

B.1 BASE BID ITEM - includes the following work items as described in the Specifications and Drawings.

1. Building demolition and sidewalk replacement

Lump Sum Price $__________

2. All other work required under the Base Item.

Lump Sum Price $__________

Total Lump Sum Price – Base Bid Item $__________

B.2 OPTION ITEM ONE -

1. Open porch roof and railings for the center storage entry door of each of the 12 enlisted four-plex housing buildings.

Lump Sum Price – Option Item $__________

Total Lump Sum Price – All Items $__________

OPTION ITEM: The period for exercise of the option item will be 30 calendar days from the date of award. See Sub-section H.6.

Note: (1) Bidders must submit bids on the base bid item, and the option item listed in this Section B. FAILURE TO DO SO MAY

RESULT IN REJECTION OF THE BID.

B.3 SCHEDULE OF PRICES

After contract award, the Contractor will be required to submit a schedule of prices (sometimes referred to as a schedule of values or payment schedule) for progress payment purposes.

Refer to the Specifications, Division 1, and FAR 52.236-15.

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SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 Specifications for SITKA ENTRY MAINTENANCE, SITKA HOUSING, PROJECT #601357, MAY 2008 in one copy as a separate attachment and listed under Section J.

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SECTION D

PACKAGING AND MARKING

D.1 All shipments of materials, equipment and/or supplies by the Contractor to the project shall be addressed to the Contractor and not the U. S. Coast Guard. Preservation, packaging and packing shall be in accordance with standard practice for commercial packaging.

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SECTION E

INSPECTION AND ACCEPTANCE

E.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 this address: http://www.arnet.gov/far/

52.246-12 Inspection of Construction AUG 1996

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) (ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within [30] calendar days after the date the Contractor receives the notice of award, (b) prosecute the work diligently, and (c) complete the entire work ready for use on or before December 15, 2008. The time stated for completion shall include final cleanup of the premises. The time stated for completion is unaffected by the government’s exercise of the option item.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by August 1, 2008. The completion date will be extended by the number of calendar days after the above date the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.2 CONTRACT TIME NOTICE TO PROCEED

(a) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer.

F.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full

52.242-14 Suspension of Work APR 1984

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of clause 52.232-27, Prompt Payment for Construction Contracts and 52.232-5 Payments Under Fixed Price Construction Contracts.

(b) Invoices shall be submitted for payment to the designated billing office identified below:

:Original plus one copy to

Contracting Officer (ko) USCG Civil Engineering Unit P.O. Box 21747 709 W. 9th St., Room 817 Juneau, Alaska 99802-1747

(c) Prior to submission of invoice, contractor is required to review progress billing statements with designated inspector or Contracting Officer Representative to establish advance agreement on invoicing amounts.

(d) Payments will not be made more frequently than once per month.

(e) Invoices must identify contractor’s Taxpayer I.D. number.

(f) The following information must be included with each request for progress payment:

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

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

(3) A listing of the amounts previously paid each subcontractor under the contract.

(4) A signed certified payment request form that will be provided by the Coast Guard upon award of the contract (reference sample form in section J).

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(i) Attach an updated schedule of progress and schedule of prices when changes in the contract amount or the performance period have been made by modification of the contract since the last approved payment request.

(ii) Include the amount earned to date and requested for payment, as supported by the schedules of progress and prices reviewed by, and with the concurrence of, the

COTR.

(iii) Any retainage shall be that percentage authorized by the Contracting Officer pursuant to the Federal Acquisition Regulation (FAR) 52.232-5.

(iv) The Contractor must certify by signing, name/title and then dating the payment request before submitting the request to the Contracting Officer for approval.

G.2 In addition to the payment requests being processed as noted above, the Contractor’s certified weekly payroll reports and contract daily reports, received by the Contracting Officer, must be current.

G.3 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer located at U.S. Coast Guard Civil Engineering Unit, P. O. Box 21747, Juneau, Alaska 99802-1747, telephone number 907-463-2414.

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.4 ADDRESS OF CORRESPONDENCE

All correspondence, unless otherwise specified, shall be directed to the address in G.1(b). DUE TO INCREASED SECURITY CONCERNS ALL

CORRESPONDENCE MUST INCLUDE THE SENDER’S RETURN ADDRESS.

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Each bidder shall submit with his bid a bid bond (SF-24) with good and sufficient surety or sureties acceptable to the government, or other security as provided in clause 52.228-01, Bid Guarantee, in the form of twenty percent (20%) of the bid price (Item B.1) or $3,000,000 whichever is less. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents.

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 shall be done before the subcontractor begins work.

This form provides an acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be provided to the Contractor after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.3 REGISTRATION AND ACCESS

The Contractor shall comply with the registration and access control requirements established for the Coast Guard installation on which the project is located. Prior to the commencement of work, the Contractor shall submit to the Contracting Officer a complete list of all employees, representatives, and subcontractors, including name, age, and address. Repeated or egregious noncompliance with installation security requirements can result in denial of access. The Contracting Officer may require dismissal from work of those employees deemed incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security. Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card Form I-151. An alien authorized to work shall present evidence from the Bureau of Citizenship and Immigration Services that employment will not affect his or her

FIXED-PRICE CONSTRUCTION Page 12 of 42 immigration status. The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to government facilities. The government is not responsible for work delays or stoppages caused by the contractor/sub-contractor's failure to comply with registration & access or other security requirements.

H.4 GATE SECURITY

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 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. 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.5 CONTRACTOR PERFORMANCE EVALUATION

(a) The contractor's performance will be evaluated and reported in the National Institutes of Health (NIH) Contractor Performance System (CPS) for use by government agencies on future source selections. The report will be compiled by the Contracting Officer and/or the Contracting Officer’s Representative. In the case of a contract with option years, an interim report will be completed at the expiration of each contract period, with a final report at the expiration of the last option year. The areas to be evaluated are: Quality of Product or Service; Timeliness of Performance; Effectiveness of Management/Business Relations;

Compliance with Labor Standards; Compliance with Safety Standards; and, Overall Rating.

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

(c) The contractor will be provided a copy of the performance report and will have 30 days to enter comments directly into NIH CPS and, if desired, appeal the rating. In the event of appeal, the Contracting Officer will refer the matter to the Commanding Officer of CEU-Juneau. This “level above” review is the sole appeal process for negative performance reports. The decision of the Commanding Officer will be final and conclusive. A hard copy of the level above review will be retained in the contract file.

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(d) The contractor shall register with the NIH CPS, on-line at http://ocm.od.nih.gov/cdmp/cps_contractor.htm. Registration will ensure the contractor receives timely notice of government input into the database and the opportunity to respond on-line to government comments. Comments are limited to no more than 2000 characters for each area evaluated. In those cases where the contractor is unable to directly input their comments into the database, the contracting officer will input the contractor comments verbatim only up to the 2000 character limitation.

(e) A copy of the Contractor Performance Report and related comments will be available from the Contracting Officer upon request.

H.6 EXERCISE OF OPTION

Option Item B.2 may be exercised unilaterally by the Coast Guard at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the contractor within thirty (30) calendar days after the date of contract award. The Coast Guard reserves the right to exercise all options, any combination of options, or no options at all, at any time during the option period.

http://ocm.od.nih.gov/cdmp/cps_contractor.htm

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SECTION I

CONTRACT CLAUSES

I.1 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office and shall not be binding until so approved.

I.2 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

See Specification Section 01011, Paragraph 1.4 Environmental Factors.

I.3 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 http://acquisition.gov/comp/far/current/html/52_217_221.html#wp1135887

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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/sizestandard stopics/.

(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].

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

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I.4 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

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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.

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

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

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

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

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.5 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS

(JAN 2005)

(a) Definitions. As used in this clause—

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

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

FIXED-PRICE CONSTRUCTION Page 19 of 42 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 non-availability determinations have been made are treated as domestic.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference.

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

(2) This requirement does not apply to the construction

FIXED-PRICE CONSTRUCTION Page 20 of 42 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).

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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description

Unit of Measure

Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic

Item 2:

Foreign

Domestic

FIXED-PRICE CONSTRUCTION Page 22 of 42 [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures JUL 1995

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

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

52.203-12 Limitation on Payments to Influence SEP 2007 Certain Federal Transactions

52.204-4 Printing/Copying Double-Sided on AUG 2000 Recycled Paper

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of SEP 2007 Contractor Personnel

52.209-6 Protecting the Government's Interest SEP 2006 When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FIXED-PRICE CONSTRUCTION Page 23 of 42

52.214-26 Audit-Sealed Bidding OCT 1997

52.214-27 Price Reduction for Defective Cost OCT 1997 or Pricing Data - Modifications - Sealed Bidding

52.214-28 Subcontract Cost or Pricing Data - OCT 1997 Modifications - Sealed Bidding

52.214-29 Order of Precedence-Sealed Bidding JAN 1986 (the Specifications shall have precedence over the Drawings in accordance with FAR 52.236-21)

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

52.219-8 Utilization of Small Business MAY 2004 Business Concerns

52.219-14 Limitations on Subcontracting DEC 1996

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety JUL 2005 Standards Act - Overtime

Compensation

52.222-5 Davis-Bacon Act – Secondary Site JUL 2005 of the Work

52.222-6 Davis-Bacon Act JUL 2005

52.222-7 Withholding of Funds FEB 1988

52.222-8 Payrolls and Basic Records FEB 1988

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance With Copeland Act FEB 1988

Requirements

52.222-11 Subcontractors (Labor Standards) JUL 2005

52.222-12 Contract Termination-Debarment FEB 1988

52.222-13 Compliance with Davis-Bacon and FEB 1988 Related Acts Regulations

FIXED-PRICE CONSTRUCTION Page 24 of 42

52.222-14 Disputes Concerning Labor FEB 1988 Standards

52.222-15 Certification of Eligibility FEB 1988

52.222-21 Prohibition of Segregated FEB 1999 Facilities

52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance FEB 1999 Requirements for Construction

52.222-35 Equal Opportunity for Special Dis- SEP 2006 abled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

52.222-36 Affirmative Action for Workers JUN 1998 with Disabilities

52.222-37 Employment Reports on Special Dis- SEP 2006 abled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

52.222-50 Combating Trafficking in Persons AUG 2007

52.223-2 Affirmative Procurement of Biobased DEC 2007 Products Under Service and Construct-ion Contracts

52.223-3 Hazardous Material Identification JAN 1997 and Material Safety Data-- Alternate I (JUL 1995)

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

52.223-6 Drug-Free Workplace MAY 2001

52.223-14 Toxic Chemical Release Reporting AUG 2003

52.223-15 Energy Efficiency in Energy Consum- DEC 2007 ing Products

52.225-13 Restrictions on Certain Foreign FEB 2006 Purchases

FIXED-PRICE CONSTRUCTION Page 25 of 42

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice and Assistance Regarding AUG 1996 Patent and Copyright Infringement

52.227-4 Patent Indemnity - Construction DEC 2007 Contracts

52.228-1 Bid Guarantee SEP 1996

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work on a Government JAN 1997 Installation

52.228-11 Pledges of Assets FEB 1992

52.228-12 Prospective Subcontractor Requests OCT 1995 for Bonds

52.228-14 Irrevocable Letter of Credit DEC 1999

52.228-15 Performance and Payment Bonds - NOV 2006 Construction

52.229-3 Federal, State, and Local Taxes APR 2003

52.232-5 Payments under Fixed-Price SEP 2002 Construction Contracts

52.232-17 Interest JUN 1996

52.232-23 Assignment of Claims JAN 1986

52.232-27 Prompt Payment for Construction SEP 2005 Contracts

52.232-33 Payment by Electronic Funds Trans- OCT 2003 fer--Central Contractor Registrat-ion (for additional information on CCR visit the USCG Finance Center website at http://www.fincen.uscg.mil/vendor_info.htm and click on the link to the Central http://www.fincen.uscg.mil/vendor_info.htm

FIXED-PRICE CONSTRUCTION Page 26 of 42

Contractor Registration (CCR) database.)

52.233-1 Disputes--Alternate I (DEC 1991) JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of OCT 2004 Contract Claim

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions APR 1984 Affecting the Work

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, APR 1984

Structures, Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to APR 1984 Completion

52.236-12 Cleaning Up APR 1984

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

52.236-14 Availability and Use of Utility APR 1984 Services

52.236-15 Schedules for Construction APR 1984 Contracts

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for FEB 1997 Construction--Alternate II (APR 1984)

52.236-26 Pre-construction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

FIXED-PRICE CONSTRUCTION Page 27 of 42

52.243-4 Changes AUG 1987

52.243-6 Change Order Accounting APR 1984

52.244-6 Subcontracts for Commercial Items MAR 2007

52.247-63 Preference for U.S. Flag Air JUN 2003 Carriers

52.247-64 Preference for Privately Owned FEB 2006 U.S.-Flag Commercial Vessels

52.248-3 Value Engineering - Construction SEP 2006

52.249-2 Termination for Convenience of the MAY 2004 Government (Fixed-Price)-- Alternate I (SEP 1996)

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

I.7 DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48

CFR Chapter 30) CLAUSES INCORPORATED BY REFERENCE

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.

3052.211-70 INDEX FOR SPECIFICATIONS DEC 2003

3052.219-70 THE SMALL BUSINESS SUBCONTRACTING JUN 2006

PROGRAM REPORTING

3052.222-70 STRIKES OR PICKETING AFFECTING DEC 2003

TIMELY COMPLETION OF THE CONTRACT

WORK

3052.222-71 STRIKES OR PICKETING AFFECTING DEC 2003

ACCESS TO A DHS FACILITY

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS JUN 2006

SUBSTANCES-APPLICABLE LICENSES AND

PERMITS (obtain licenses and permits within 30 days after date of Award)

3052.223-90 ACCIDENT AND FIRE REPORTING DEC 2003

3052.228-70 INSURANCE DEC 2003

3052.228-90 NOTIFICATION OF MILLER ACT DEC 2003

PAYMENT BOND PROTECTION

FIXED-PRICE CONSTRUCTION Page 28 of 42

3052.242-71 DISSEMINATION OF CONTRACT DEC 2003

INFORMATION

I.8 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

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

(b) Definitions. As used in this clause:

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

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

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

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

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

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

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

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

FIXED-PRICE CONSTRUCTION Page 29 of 42 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) others similar interests.

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

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

[_] it is not a foreign incorporated entity that should be

FIXED-PRICE CONSTRUCTION Page 30 of 42 treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

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

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

I.9 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

FIXED-PRICE CONSTRUCTION Page 31 of 42

SECTION J

LIST OF ATTACHMENTS

The following listed attachments are a part of this solicitation and any resultant contract:

J.1 Wage-Rate Decision AK080001 through modification 5 dated 05/09/2008.

J.2 Specifications for SITKA ENTRY MAINTENANCE, SITKA HOUSING, PROJECT #601357, MAY 2008. Separate attachment.

J.3 USCG Drawings:

S-3756 (7 sheets), S-2347A (17 Sheets), S-3010 (5 sheets) Separate attachment.

J.4 Payment Request form

J.5 Bid Bond Form (Standard Form 24)

J.6 Certificate as to Corporate Principal

J.7 Disclosure of Lobbying Activities (Standard Form LLL)

General Decision Number: AK080001 05/09/2008 AK1

Superseded General Decision Number: AK20070001

State: Alaska

Construction Types: Building and Heavy

Counties: Alaska Statewide.

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

Modification Number Publication Date 0 02/08/2008 1…