HSCG87-08-B-643405 IFB PACKAGE.pdf

SOLICITATION NUMBER HSCG87-08-B-643405

FOR: Replace Timer Room AC

U. S. COAST GUARD LORAN STATION PORT CLARENCE, 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

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:

Commandant (G-A), USCG Headquarters AP&PM, 1900 Half Street SW, Room 11-0402

Washington, D.C. 20593 Telephone (202) 372-3695 Fax: (202) 475-3904

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCG87-08-B-643405

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/19/2008

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2408878643405

6. PROJECT NO.

17-J06153

7. ISSUED BY CODE 8. ADDRESS OFFER TO

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

COMMANDING OFFICER (ko)

CIVIL ENGINEERING UNIT

FEDERAL BUILDING

709 W. 9th STREET, ROOM 817

P.O. BOX 21747

JUNEAU, AK 99802-1747

9. FOR INFORMATION

CALL

A. NAME

RON KLAUDT/RICHARD GARRISON

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

(907) 463-2414/2415

SOLICITATION

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

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

INVITATION FOR BIDS HSCG87-08-B-643405 INCLUDING SPECIFICATIONS AND DRAWINGS ENTITLED: USCG LORAN STATION PORT CLARENCE, ALASKA REPLACE TIMER ROOM AC SYSTEM PORT CLARENCE, ALASKA.

SMALL BUSINESS SIZE STANDARD: THE WORK REQUIRED BY THIS SOLICITATION IS IDENTIFIED AS NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 238220, AND THE APPLICABLE SMALL BUSINESS SIZE STANDARD IS $13.0 MILLION IN AVERAGE ANNUAL RECEIPTS FOR THE PAST THREE YEARS.

THIS SOLICITATION IS IS NOT A 100% SET-ASIDE FOR SMALL BUSINESSES.

ESTIMATED COST OF CONSTRUCTION IS BETWEEN $100,000.00 AND $250,000.00.

ANY AMENDMENTS ISSUED TO THIS SOLICITATION WILL BE POSTED SOLELY ON THE FedBizOpps WEB SITE www.fbo.gov. PROSPECTIVE BIDDERS ARE RESPONSIBLE FOR CHECKING THE WEB SITE FOR AMENDMENTS UP

TO THE DATE AND TIME OF BID OPENING.

11. The contractor shall begin performance within 30 calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See *Section F of the Schedule )

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 1 copies to perform the work required are due at the place specified in Item 8 by 3:30 PM (hour) local time 09/18/2008 (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, is not 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) Prescribed by GSA FAR (48 CFR) 53.236-1(e)

53.301-1442 FEDERAL ACQUISITION REGULATION (FAR)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

E-MAIL ADDRESS:_____________________

DUNS:

CODE FACILITY CODE

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

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

AMOUNTS

SEE SCHEDULE OF ITEMS SECTION B.

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 8 CO (1224) USCG Finance Center 1430A 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)

SOLICITATION, OFFER AND AWARD HSCG87-08-B-643405

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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 14-31

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X J LIST OF ATTACHMENTS 32

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

33-37

X L INST., CONDITIONS, AND NOTICES TO OFFERORS 38-44

X M EVALUATION FACTORS FOR AWARD 45

A.2 The estimated cost of this project ranges between $100,000.00 and $250,000.00.

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SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

REPLACE TIMER ROOM AC SYSTEM

PORT CLARENCE, ALASKA

SCHEDULE OF ITEMS

B.1 BASE BID ITEM: Provide all materials, equipment, transportation, incidentals, as-builts and perform the labor to replace the LORAN Station Port Clarence timer room air conditioning system (AC) system with this solicitation and the attached specifications and drawings.

TOTAL BASE BID ITEM B.1 $___________

B.2 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 Replace Timer Room AC System Port Clarence, Alaska 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)

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 July 31, 2009. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by May 4, 2009. 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)

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

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 immigration status. The Contractor shall include the substance

FIXED-PRICE CONSTRUCTION Page 12 of 45 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 USE OF GOVERNMENT AIRCRAFT FACILITIES

The contractor and its subcontractors are authorized to use the landing strip at Coast Guard LORAN Station Port Clarence, Alaska, on a non-exclusive basis, at own cost and expense, in the performance of this contract. The contractor and its subcontractors shall use the landing strip for the sole purpose of transporting materials and personnel in support of fulfilling their obligations under contract HSCG87-08-C-643405 Replace Timer Room AC, and will in no way interfere with Coast Guard operations. Contractor must coordinate their use of the airstrip with the Commanding Officer of Coast Guard LORAN Station Port Clarence, Alaska or his designated representative, at telephone (907)642-3844, by giving at least twenty-four (24) hours advance notice of planned landings. Contractor and its subcontractors will comply with all applicable Federal, state, and local laws, regulations, directives, and orders, including those issued by the Government, or the Commanding Officer or his designated representative.

INSURANCE.

(a) Contractor is required to carry commercial general liability insurance that covers the Contractor's use of the premises under this contract.

(b) Insurance certificate must:

(1) Provide a minimum of $1 million dollars coverage per occurrence. (NOTE: the $1 million dollar amount is a minimum amount and it should be increased

FIXED-PRICE CONSTRUCTION Page 13 of 45 depending on the nature of the possible liabilities involved.)

(2) Specifically name Coast Guard as an insured,

(3) Name Coast Guard as a certificate holder,

(4) Provide Coast Guard not less that 30 days prior written notice in the event of modification, cancellation, or non-renewal of the insurance coverage, and

(5) Be in full force and effect during all periods covered by this contract.

(c) This contract is not valid unless Coast Guard receives a current Certificate of Insurance when Contractor executes this contract.

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SECTION I

CONTRACT CLAUSES

I.1 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 A.

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.

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

FIXED-PRICE CONSTRUCTION Page 15 of 45 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].

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.

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

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(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

FIXED-PRICE CONSTRUCTION Page 17 of 45 implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph

(b) does not apply to-

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

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

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

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

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

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

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

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

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

FIXED-PRICE CONSTRUCTION Page 18 of 45 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 itigation to protect the interests of the United States. l

I.4 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS

(JAN 2005)

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 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.

FIXED-PRICE CONSTRUCTION Page 19 of 45 "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 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

FIXED-PRICE CONSTRUCTION Page 20 of 45 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

FIXED-PRICE CONSTRUCTION Page 21 of 45 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

[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.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FIXED-PRICE CONSTRUCTION Page 22 of 45

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

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

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

FIXED-PRICE CONSTRUCTION Page 23 of 45

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

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

FIXED-PRICE CONSTRUCTION Page 24 of 45 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

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

FIXED-PRICE CONSTRUCTION Page 25 of 45

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

52.232-18 Availability of Funds APR 1984

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 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 http://www.fincen.uscg.mil/vendor_info.htm

FIXED-PRICE CONSTRUCTION Page 26 of 45

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

52.243-4 Changes AUG 1987

52.244-6 Subcontracts for Commercial Items MAR 2007

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.6 DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48

FIXED-PRICE CONSTRUCTION Page 27 of 45

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

3052.223-70 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

3052.242-71 DISSEMINATION OF CONTRACT DEC 2003

INFORMATION

I.7 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

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

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part

29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated

FIXED-PRICE CONSTRUCTION Page 28 of 45 by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

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

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

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

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.

All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

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

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

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government…