Final_HSCG87-14-B-PJT672_1442_ _IFB.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USCG CEU JUNEAU

PO Box 21747

Juneau AK 998021747

Heather Brubeck 9074632415

HSCG87-14-B-PJT672

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

Construction Services for Lake Louise Housing USCG

Base Kodiak, Alaska

CAUTION TO BIDDER: Bidder is urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve the bidder from the responsibility for estimating properly the difficulty or cost of successfully performing the work. SEE CLAUSE AT SECTION L FOR SITE VISIT

INFORMATION.

BIDDER SHALL INCLUDE ALL FEDERAL, STATE AND LOCAL TAXES.

This solicitation is issued as a small business set aside.

NOTE TO BIDDERS: Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the bid opening.

A 20% Bid Bond is required if proposal is greater than $150,000.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

30 515 calendar days and complete it within ________________ ________________ calendar days after receiving

05/14/2014

NSN 7540-01-155-3212

x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time 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(d)

HSBrubeck Typewritten Text

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 within ____________________ 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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USCG CEU JUNEAU

PO Box 21747

Juneau AK 998021747

Heather S. Brubeck

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

INVITATION FOR BID

SOLICITATION NUMBER: HSCG87-14-B-PJT672

ISSUED: APRIL 10, 2014

QUESTIONS DUE: APRIL 25, 2014 AT 3:00 PM ALASKA TIME

BIDS DUE: MAY 14, 2014 AT 3:00 PM ALASKA TIME

FOR: Construction Services for Lake Louise Housing area USCG Base Kodiak, Alaska

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation

a) See Section L for instructions

b) Sign and return ONE copy of the entire solicitation form (in particular, see SF 1442, Section B and Section K)

2. Before submitting your bid, please recheck the following:

a) Does your bid set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

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

c) Have you completed and signed all required documents?

d) Have you included the bid guarantee? A 20% bid guarantee is required for proposals greater than $150K. Form SF 24 required.

Bidders offering less than 90 calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

3. Submit any QUESTIONS to the Contracting Officer, Heather Brubeck via email at

Heather.S.Brubeck@uscg.mil. The subject line of the email for questions should read as below:

HSCG87-14-B-PJT672 Lake Louise Housing Area Questions (Contractor Name)

4. Bidders may submit bid pricing electronically via email to the Contracting Officer Heather Brubeck at Heather.S.Brubeck@uscg.mil. Bidders are to take note that only bid pricing will be accepted electronically. Submission of bid guarantees will not be accepted by email. Original bid guarantees shall be submitted via mail or courier to:

MAILING ADDRESS:

USCG CEU JUNEAU

Attn: HEATHER BRUBECK PO Box 25517 Juneau AK 99802-1747

PHYSICAL ADDRESS:

709 W. 9th Street, Rm. 817 Juneau AK 99802

BIDDERS WHO’S BID GUARANTEES ARE NOT RECEIVED BY THE CONTRACTING

OFFICER PRIOR TO THE BID OPENING DATE AND TIME WILL NOT RECEIVE FURTHER

CONSIDERATION.

Failure to submit bid pricing as instructed may result in non receipt or rejection of bids. Telegraphic, telephonic, or facsimile bids will not be accepted.

6. Should the bidder choose to provide updated pricing prior to bid close, the bid shall be submitted to the Contracting Officer at Heather.S.Brubeck@uscg.mil. The subject line for electronic submissions of revised pricing proposals shall include the following:

HSCG87-14-B-PJT672 Lake Louise Housing Area (Contractor Name) Revised Pricing

7. Bid results will be available on-line at www.fbo.gov

8. This solicitation is a total small business set-aside.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) 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 Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG 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 a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. 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 reasons of unusual and compelling urgency 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 in 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. 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 submitted to OPAP@uscg.mil or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

HSCG87-14-B-PJT672

TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 4

X | B | SUPPLIES OR SERVICES AND PRICES/COSTS 5

X | C | DESCRIPTION/SPECS/WORK STATEMENT 6

| D | PACKAGING AND MARKING 6

X | E | INSPECTION AND ACCEPTANCE 6

X | F | DELIVERIES OR PERFORMANCE 6

X | G | CONTRACT ADMINISTRATION DATA 6

X | H | SPECIAL CONTRACT REQUIREMENTS 9

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 10

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 20

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 21

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 25

X | M |EVALUATION FACTORS FOR AWARD 28

SECTION A

SOLICITATION/CONTRACT FORM

A.1 The estimated magnitude of this project is Between $1,000,000 and $5,000,000

A.2 Performance Bonds (for proposals >$150K) and Payment Bonds (>$30K) will be required for 100% of the total award amount.

A.3 The NAICS code for this project is 238990 – other heavy and Civil Engineering Construction

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 LAKE LOUISE HOUSING AREA IMPROVEMENTS

The Contractor shall provide all labor, material, equipment, supervision, transportation and disposal necessary to complete the last phase of a multi-year effort to improve housing structures and sites in the Lake Louise Housing area. This project will consist of improvements related to Units 823 through 830, and site/drainage improvements for Units 808 to 812 in strict accordance with the Specifications and Drawings for provided with this IFB, as well as all contract terms and conditions, applicable permits and wage rates as incorporated herein (including all amendments, if any).

LUMP SUM PRICE: $___________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be accomplished in accordance with contract terms and conditions, as well as the documents listed in Section J.

SECTION D

PACKAGING AND MARKING

For proper identification and handling of your bid/offer and bid bond, ENSURE the following information is on the envelope containing your bid/offer:

A. Solicitation Number B. Date for Receipt of Bid/Offer C. Time of Receipt of Bid/Offer D. Office Designated to Receive Bid/Offer

SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996). This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(APR 1984)

The Contractor shall

a) commence work under this contract within 30 calendar days after receiving the Notice of Award

b) prosecute the work diligently, and

c) complete the work not later than 515 Days after receiving award notice (Note: Section 010100 requires completion of interim milestones for seeding activities and asphalt paving.) The contractor may perform work in 2014 and/or 2015, and shall indicate work to be performed in each year in the schedule submitted as a preconstruction submittal. If work is started in 2014, the seeding and asphalt paving interim milestones apply. Disturbed lawns or site features are not allowed to extend through the winter of 2014/2015.

F.2 SUSPENSION OF WORK (FAR 52.242-14) (APR 1984). This clause is incorporated by reference.

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 FAR clause 52.232-27, "Prompt Payment for Construction Contracts." Payments will not be made more frequently than once per month.

(b) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) DUNS number

(5) Invoice number

(6) Invoice date and Invoice period of performance

(7) Company information (identical to information in SAMS)

(8) Current/Updated SAMS registration

(9) Name of the COR/Project Manager

(10) Phone number and email contact for inquiries or issues

(11) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is:

CEUJUN (from FinCen website; no hyphen)

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way

Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) The invoice shall be coordinated and reviewed/approved by the COR prior to submission to

FINCEN.

(g) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contract Specialist at the addresses cited below:

Heather.S.Brubeck@uscg.mil

(h) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm.

G.2 CONTRACT ADMINISTRATION

This contract will be administered by the Contract Specialist, U.S. Coast Guard, Civil Engineering Unit Juneau. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contract Specialist at:

USCG, CEU Juneau Attn: Heather Brubeck PO Box 25517 Juneau AK 99802-1747 907-463-2415 heather.s.brubeck@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5) (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.2 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage Accident Per Person Per Accident Property Comprehensive General Liability $500,000 Automobile Liability $200,000 $500,000 $20,000

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

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. 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.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.3 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (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 acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.4 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG)

(HSAR 3052.228-90) (DEC 2003)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime Contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party.

(c) The surety which has provided the payment bond under the prime contract is:

______________________________ (Name) ______________________________ (Street Address) ______________________________ (City, State, Zip Code) ______________________________ (Contact and Telephone No.)

H.5 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests, for changes to the contract (other than corrective), shall be considered by the Government only if they meet all of the following conditions:

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

(2) The request shall state how the proposed change would be incorporated into the schedule;

whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the existing schedule.

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.6 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other provision of this contract such costs shall be in accordance with the contract cost principles and procedures in Federal Acquisition Regulation Part 31.

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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.acquisition.gov/comp/far/index.html

52.202-1 Definitions …………………………………………………………………………NOV 2013 52.203-3 Gratuities .................................................................................................................... APR 1984 52.203-5 Covenant Against Contingent Fees ............................................................................ APR 1984 52.203-7 Anti-Kickback Procedures ......................................................................................... OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity ................................................................................................... JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity ........................................... JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions .......................... OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content ............................ MAY 2011 Paper 52.204-7 Systems for Award Management ................................................................................ JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel .............................................. JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards .................... JUL 2013 52.204-13 Systems for Award Management Maintenance ........................................................... JUL 2013 52.204-14 Service Contract Reporting Requirements…………………………………………. JAN 2014 52.209-6 Protecting the Government's Interest when Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment ................................ AUG 2013 52.214-29 Order of Precedence-Sealed Bidding……………….……………………………….JAN 1986 52.219-6 Notice of Total Small Business Set-Aside ................................................................. NOV 2011 52.219-8 Utilization of Small Business Concerns ...................................................................... JUL 2013 52.219-14 Limitation on Subcontracting ..................................................................................... NOV 2011 52.219-28 Post-Award Small Business Program Representation ................................................. JUL 2013 52.222-3 Convict Labor .............................................................................................................. JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation ............. JUL 2005 52.222-6 Davis-Bacon Act ........................................................................................................ JUL 2005 52.222-7 Withholding of Funds ................................................................................................ FEB 1988 52.222-8 Payrolls and Basic Records ........................................................................................ JUN 2010 52.222-9 Apprentices and Trainees ........................................................................................... JUL 2005 52.222-10 Compliance With Copeland Act Requirements ......................................................... FEB 1988 52.222-11 Subcontracts (Labor Standards) ................................................................................. JUL 2005 52.222-12 Contract Termination – Debarment ............................................................................ FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations .................................... FEB 1988 52.222-14 Disputes Concerning Labor Standards ....................................................................... FEB 1988 52.222-15 Certification of Eligibility .......................................................................................... FEB 1988 52.222-21 Prohibition of Segregated Facilities ............................................................... FEB 1999 52.222-26 Equal Opportunity .................................................................................................... MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction ............................... FEB 1999 52.222-35 Equal Opportunity for Veterans .................................................................................. SEP 2010 52.222-36 Affirmative Action for Workers with Disabilities ......................................... OCT 2010 52.222-37 Employment Reports on Veterans ............................................................................... SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor Relations Act ............... DEC 2010

52.222-50 Combating Trafficking in Persons............................................................................... FEB 2009 52.222-54 Employment Eligibility Verification .......................................................................... AUG 2013 52.223-2 Affirmative Procurement of Bio-based Products Under Service & Construction Contracts ................................................................................................ SEP 2013 52.223-3 Hazardous Material Identification and Material Safety Data Sheet……….. … …... JAN 1997 52.223-4 Recovered Material Certification…………………………………………………..MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information .............................................. MAY 2011 52.223-6 Drug-Free Workplace ................................................................................................ MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts .............................................................................................. MAY 2008 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving .................. AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases .................................................................. JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certification………………………………..(DEC 2012)

52.227-1 Authorization and Consent ......................................................................................... DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement ..................... DEC 2007 52.227-4 Patent Indemnity - Construction Contracts ................................................................ DEC 2007 52.228-1 Bid Guarantee 20% Bid Guarantee required if proposal >$150K ...................... SEP 1996 52.228-2 Additional Bond Security ........................................................................................... OCT 1997 52.228-11 Pledges of Assets ......................................................................................................... JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds .......................................................... OCT 1995 52.228-13 Alternate Payment Protections – Payment Bond, Tripartite Letter if Agreement

– 10 days……………………………………………………………………….…….JUL2000 52.228-14 Irrevocable Letter of Credit ........................................................................................ DEC 1999 52.228-15 Performance & Payment Bonds – Construction ......................................................... OCT 2010 52.229-3 Federal, State, and Local Taxes ................................................................................... FEB 2013 52.232-5 Payment Under Fixed-Price Construction Contracts................................................... SEP 2002 52.232-17 Interest ........................................................................................................................ OCT 2010 52.232-23 Assignment of Claims ................................................................................................. JAN 1986 52.232-27 Prompt Payment for Construction Contracts ............................................................... JUL 2013 52.232-33 Payment by Electronic Funds Transfer – System for Award Management ................ JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations .......................................................... JUN 2013 52.233-1 Disputes (Alt I - DEC 1991) ........................................................................................ JUL 2002 52.233-3 Protest After Award .................................................................................................... AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim ........................................................... OCT 2004 52.236-2 Differing Site Conditions ........................................................................................... APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work .............................................. APR 1984 52.236-5 Material and Workmanship ........................................................................................ APR 1984 52.236-6 Superintendence by the Contractor ............................................................................ APR 1984 52.236-7 Permits and Responsibilities ...................................................................................... NOV 1991 52.236-8 Other Contracts........................................................................................................... APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements ..................................................................................................... APR 1984 52.236-10 Operations and Storage Areas .................................................................................... APR 1984 52.236-11 Use and Possession Prior to Completion .................................................................... APR 1984 52.236-12 Cleaning Up ................................................................................................................ APR 1984 52.236-13 Accident Prevention ................................................................................................... NOV 1991 52.236-14 Availability and Use of Utility Services ..................................................................... APR 1984 52.236-15 Schedules for Construction Contracts ........................................................................ APR 1984 52.236-17 Layout of Work .......................................................................................................... APR 1984

52.236-21 Specifications and Drawings for Construction ............................................................ FEB 1997 52.236-26 Pre-construction Conference ....................................................................................... FEB 1995 52.242-13 Bankruptcy .................................................................................................................. JUL 1995 52.243-4 Changes ....................................................................................................................... JUN 2007 52.244-6 Subcontracts for Commercial Items ........................................................................... DEC 2013 52.246-21 Warranty of Construction .......................................................................................... MAR 1994 52.248-3 Value Engineering - Construction .............................................................................. OCT 2010 52.249-2 Termination for Convenience of the Government (Fixed Price) ................................ APR 2012

ALT I – SEP 1996

52.249-10 Default (Fixed-Price Construction) ............................................................................ APR 1984 52-253-1 Computer Generated Forms ........................................................................................ JAN 1991

The following Homeland Security Acquisition Regulation (HSAR) clauses are also incorporated by reference:

3052.205-70 Advertisements, Publicizing Awards, and Releases .................................................... SEP 2012 3052.211-70 Index for Specifications .............................................................................................. DEC 2003 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work ................. DEC 2003 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility ........................................... DEC 2003 3052.222-90 Local Hire…………………………………………………………………………...JUN 2006 3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses Permits within 60 days of award ................................................................................. JUN 2006 3052.223-90 Accident & Fire Reporting ......................................................................................... DEC 2003 3052.228-70 Insurance .................................................................................................................... DEC 2003 3052.228-90 Notification of Miller Act Payment Bond Protection ................................................. DEC 2003 3052.242-72 Contracting Officer's Technical Representative ......................................................... DEC 2003

I.2 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FAR52.225-9) (SEP 2010)

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

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

(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 preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; 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 waived 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None.

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

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

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

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

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

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant 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 construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS,

DEVIATION (FAR 52.232-40)(DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

I.4 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (FAR 52.203-17) (SEPT 2013)(DHS – USCG

DEVIATION 14-01)

a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

I.5 AUTHORIZED DEVIATIONS IN CLAUSES (FAR52.252-6)(APR 1984)

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

(b) Not applicable.

I.6 CONTRACTOR EMPLOYEE ACCESS (HSAR 3052.204-71)(SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, 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…