HSCG87-10-B-PJT002 BID PACKAGE.pdf

SOLICITATION NUMBER HSCG87-10-B-PJT002

FOR: KODIAK STEAM SYSTEM REPAIRS, PHASE VII; D2 to D9, N75 & 515

U. S. COAST GUARD INTEGRATED SUPPORT COMMAND, KODIAK, 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.

HSCG87-10-B-PJT002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10/21/2009

PAGE OF PAGES

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

4. CONTRACT NO.

HSCG87-10-C-PJT002

5. REQUISITION/PURCHASE REQUEST NO.

2110870PJT002

6. PROJECT NO.

496249

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

MICHAEL H. ROGERS

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

(907) 463-2417

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 HSCG87-10-B-PJT002 INCLUDING SPECIFICATIONS AND DRAWINGS ENTITLED: STEAM REPAIR STMH D2 TO D9, BLDG N75 & 515 INTEGRATED SUPPORT COMMAND KODIAK, KODIAK, ALASKA.

SMALL BUSINESS SIZE STANDARD: THE WORK REQUIRED BY THIS SOLICITATION IS IDENTIFIED AS NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 237110, AND THE APPLICABLE SMALL BUSINESS SIZE STANDARD IS $33.5 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 $1,000.000.00 AND $5,000,000.00.

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 * 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 3.00 PM (hour) local time 11/23/2009 (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

2/P/001/137/43/0/JT/46000/2546

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 HSCG87-10-B-PJT002

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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 4-6

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 7

X D PACKAGING AND MARKING 8

X E INSPECTION AND ACCEPTANCE 9

X F DELIVERIES OR PERFORMANCE 10

X G CONTRACT ADMINISTRATION DATA 11-12

X H SPECIAL CONTRACT REQUIREMENTS 13-15

PART II - CONTRACT CLAUSES

X I CONTRACT CLAUSES 16-36

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X J LIST OF ATTACHMENTS 37

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

38-44

X L INST., CONDITIONS, AND NOTICES TO OFFERORS 45-51

X M EVALUATION FACTORS FOR AWARD 52

A.2 The estimated cost of this project ranges between $1,000,000.00 and $5,000,000.00.

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SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

STEAM REPAIR STMH D2 TO D9, BLDG N75 & 515

INTEGRATED SUPPORT COMMAND KODIAK

KODIAK, ALASKA

B.1 BASE BID ITEM: Provide all materials, equipment, transportation, incidentals, as-builts and perform the labor to accomplish repairs to the specified portions of the underground steam distribution system for ISC Kodiak, and related work, in accordance with the solicitation terms & conditions, specifications and drawings.

TOTAL BASE BID ITEM B.1 $___________

B.2 CONTINGENT PRICING FOR STEAM UTILIDOR, MANHOLE REPAIRS AND

SITE WORK DETAILED ON SHEET M205, CEU JUNEAU DRAWING S-3762-B.

ASBESTOS ABATEMENT OF STEAM MAIN IS IN SECTION 02080 ASBESTOS

ABATEMENT 3.3 C.

Repair Method Est.

Quantity *

Unit Unit Price Amount

One 40 Lineal Feet $ $ Two 200 Lineal Feet $ $ Three 200 Square Feet $ $ Four 40 Square Feet $ $ Lid Repair 5 Each $ $ Asbestos Abatement or replacement of 6” Steam Main

Lineal Feet

TOTAL PRICE – ITEM B.2 $____________

* THE ESTIMATED QUANTITIES LISTED ARE FOR EVALUATION PURPOSES

ONLY. THE GOVERNMENT MAY ORDER THE QUANTITIES OF REPAIRS NEEDED,

BUT ALSO RESERVES THE RIGHT TO ORDER NONE OF THE ABOVE REPAIRS.

PAYMENT WILL BE BASED ON ACTUAL QUANTITIES ENCOUNTERED (IF ANY)

AT THE APPLICABLE UNIT PRICE(S) SPECIFIED HEREIN. IT IS

ANTICIPATED THAT ACTUAL QUANTITIES WILL VARY GREATLY FROM THE

ESTIMATES, IT BEING RECOGNIZED THAT THE REPAIRS TO BE ENCOUNTERED

IS A TOTAL UNKNOWN. BIDDERS MUST BID ON ALL ITEMS.

FIXED-PRICE CONSTRUCTION Page 5 of 52

B.3 OPTION ITEM:

B.3.1 Provide all materials, equipment, transportation, incidentals, as-builts and perform the labor for the removal of waste asphalt debris in accordance with the solicitation terms & conditions, specifications and drawings.

1,700 CY $________ $_____________

TOTAL PRICE FOR OPTION ITEM B.3 $____________

In the event Option Item B.3.1 is exercised, payment shall be computed by multiplying the actual quantities expended in meeting the requirements as shown on the drawings and described in the specifications by the unit price specified in option item B.3.1.

The above estimated quantities of unit-priced option item B.3.1 shall be subject to adjustment in accordance with FAR Clause

52.211-18, VARIATION IN ESTIMATED QUANTITY (APR 1984)

incorporated by reference in Section F of this solicitation.

TOTAL 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.7.

Note: (1) Bidders must submit bids on the base bid items, contingent pricing items, and the option item listed in this Section B. FAILURE TO DO SO MAY RESULT IN REJECTION OF THE BID.

(2) The Government may reject an offer as non-responsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

FIXED-PRICE CONSTRUCTION Page 6 of 52

B.4 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 Steam Repair STMH D2 to D9, BLDG N75 & 515 Integrated Support Command Kodiak, Kodiak, Alaska in one copy as a separate attachment and listed under Section J.

FIXED-PRICE CONSTRUCTION Page 8 of 52

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.

FIXED-PRICE CONSTRUCTION Page 9 of 52

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 to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 14, 2010. 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 December 21, 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

52.211-18 Variation in Estimated Quantity 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).

FIXED-PRICE CONSTRUCTION Page 12 of 52

(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 907-463-2417.

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.

FIXED-PRICE CONSTRUCTION Page 13 of 52

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. Noncompliance with installation security requirements may 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

FIXED-PRICE CONSTRUCTION Page 14 of 52 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.

Personnel without adequate identification, or who are in vehicles without current registration and insurance, may be denied access to the Coast Guard facility.

H.5 REQUIREMENT FOR INSURANCE

In accordance with the provisions of Contract Clause FAR 52.228-5 and HSAR 3052.228-70, the Contractor and all major subcontractors working on the job site, shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverage.

Coverage

Type of Accident Per Person Per Accident Property

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

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

Longshoreman and Harbor Worker--As required by Federal and State Law.

All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

FIXED-PRICE CONSTRUCTION Page 15 of 52

H.6 CONTRACTOR PERFORMANCE EVALUATION

(a) The contractor's performance will be evaluated and reported in a contractor performance database 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 may be completed at the expiration of each contract period, with a final report at the expiration of the last option year.

(b) Each area of performance will be evaluated using the database rating standards current at the time of the rating.

(c) The contractor will be provided a copy of the performance report and will have 30 days to enter comments directly into the database. 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.

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

H.7 EXERCISE OF OPTION

Option Item B3 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 the option, or no option at all, at any time during the option period.

FIXED-PRICE CONSTRUCTION Page 16 of 52

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 1.1 C Environmental Factors.

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (APR 2009)

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

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

(b) If the Contractor represented that it was a small

FIXED-PRICE CONSTRUCTION Page 17 of 52 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 fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising 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 that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph

(b) of this clause 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

FIXED-PRICE CONSTRUCTION Page 18 of 52 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.4 52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION 2009-O0001)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor

FIXED-PRICE CONSTRUCTION Page 19 of 52 site. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify --

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the

FIXED-PRICE CONSTRUCTION Page 20 of 52

Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

I.5 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

FIXED-PRICE CONSTRUCTION Page 21 of 52 one of its Regional offices or at the following address or toll free number:

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

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

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

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

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

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

(b) does not apply to-

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

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

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

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

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

FIXED-PRICE CONSTRUCTION Page 22 of 52

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

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

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

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

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

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

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

I.6 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS

(FEB 2009)

Definitions. As used in this clause— “Commercially available off-the shelf (COTS) item”-

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

FIXED-PRICE CONSTRUCTION Page 23 of 52

(i)A commercial item (as defined in paragraph

(1) of the definition at FAR 2.101);

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

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

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

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

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

"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;

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

(i) The cost of its components mined, produced, or

FIXED-PRICE CONSTRUCTION Page 24 of 52 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; or

(ii)The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C.431, the component test of the Buy American Act is waved for construction material that is a COTS item (See FAR 12.505(a) (2)). 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:

[Contracting Officer to list applicable excepted materials or indicate "none"]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction

FIXED-PRICE CONSTRUCTION Page 25 of 52 material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

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

FIXED-PRICE CONSTRUCTION Page 26 of 52

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.7 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.