IFBATONCOLUMBIA021408.rtf

ATON Structures Replacement for Columbia River Systems HSCG88-08-B-623052 file_0.doc

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCG88-08-B-623052

2. tYPE OF SOLICITATION formcheckbox sealed bid (ifb) formcheckbox negotiated (rfp)

3. DATE ISSUED

02/21/2008

PAGE OF PAGES

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

4. contract nO.

5. requisition/purchase request no.

6. project no.

PSN 431867

7. issued by code

8. address offer to

Contracting Officer

USCG Civil Engineering Unit

2000 Embarcadero, Suite 200

Oakland, CA 94606-5337

Same as Block 7

Note: Solicitation, Amendments, Bid Opening Results & Other Miscellaneous Acquisition Documents are available at:

http://www.eps.gov

9. FOR INFORMATION

CALL

a. name

Terry Leong (Fax 510-535-7233) b telephone no. (Include area code) (no collect calls)

(510) 535-7284

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):

TITLE: AIDS-TO-NAVIGATION (ATON) STRUCTURES REPLACEMENT FOR COLUMBIA RIVER SYSTEM

CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, EQUIPMENT, TRANSPORTATION, SUPERVISION, AND ALL OTHER NECESSARY ITEMS FOR A COMPLETE AND USABLE PROJECT IN FULL COMPLIANCE WITH ALL PLANS, DRAWINGS, SPECIFICATIONS AS DEFINE IN THE SOLICITATION DOCUMENTS.

ESTIMATED RANGE: $500,000.00 TO $1,000,000.00, DAVIS BACON WAGE RATES APPLY (COPY INLUDED)

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE; SMALL BUSINESS SIZE STANDARD IS $31.0 MILLION.

THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE: 237990, MARINE CONSTRUCTION

ALL QUESTION PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED IN WRITING TO TERRY LEONG AT THE ADDRESS IN BLOCK #7, SEND TO HER BY FACSIMILE AT (510)535-7233. PLEASE USE THE ATTACHED "REQUEST FOR CLARIFICATION" FORM FOR THIS PURPOSE. (SEE SECTION J OF THIS SOLICITATION.)

11. The contractor shall begin performance within 5 calendar days and complete it within 30 calendar days after receiving award, formcheckbox notice to proceed. This performance period is formcheckbox mandatory, formcheckbox negotiable. (See )

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 formcheckbox

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 03/25/2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee formcheckbox is, formcheckbox 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)

FAX

16. remittance address (Include only if different than Item 14)

DUNS:

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. name and title of person authorized to sign offer

(Type or print)

20B. signature

20C. offer date

AWARD (To be completed by Government)

21. items accepted:

22. amount

23. accounting and appropriation data

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. Other than full and open competition pursuant to

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

26. administered by code

27. payment will be made by

See Block 7

Commanding Officer (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

formcheckbox

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.

formcheckbox

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) thumbnail_0.wmf

TO ACCESS PAGES 1 & 2 OF 42 (STANDARD FORM (SF) 1442), DOUBLE-CLICK ON ABOVE ICON

AFTER OBTAINING THE SF 1442 CLOSE THE DOCUMENT AND CONTINUE SCROLLING DOWN FROM THIS POINT TO OBTAIN THE REMAINDER OF THE INVITATION FOR BID (IFB).

You must return one (1) complete copy of the entire solicitation package to include the SF 1442, Section B-M, and the Contractor’s Responsibility Questionnaire.

Notice to Bidders:

The in-water work windows for the Washington and Oregon for this construction is identified on Appendix A, page 1 of 4. Taking the days that the approved work windows have in common, the time the project could be constructed in 28 February – 31 December.

Please mail your proposal to the address listed in block 7 of the SF 1442.

Please do not call to inquire about your proposal status or if it’s been received, as information concerning proposals will not be released.

For security reasons all Coast Guard drawings are only available through the Federal Technical Data Solutions (FEDTEDS) which will have a separate link on the FEDBIZOPPS web page, identified as Technical Data Package. Offerors will need to register with the Contractor Central Registry FEDTEDS and receive a User Name and password to be able to download Coast Guard drawings.

For FEDTEDS registration information visit: https://www.fedteds.gov/

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) U.S. Coast Guard Headquarters Acquisition Planning and Performance Measurement 1900 Half St. SW, Room 11-0402 Washington, DC 20593 Telephone: (202) 372-3692 Fax (202) 475-3904

SECTION B SUPPLIES OR SERVICES AND PRICE/COST

See attached in the adept file

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 DRAWINGS AND SPECIFICATIONS

The following drawings and specifications apply to this project.

(A) SPECIFICATIONS FOR AID-TO-NAVIGATION (ATON)

STRUCTURES REPLACEMENT FOR COLUMBIA RIVER

SYSTEM, DATED 01/14/2008, PAGES 1 THRU 47.

(B) APPENDIX A: Washington and Oregon In-Water Work Windows

(C) OREGON GUIDELINES FOR TIMING OF IN-WATER WORK TO

PROTECT FISH AND WILDLIFE RESOURCES DATED JUNE, 2000

(D) DRAWINGS.AND GEOGRAPHIC AREA CHARTS As delineated on Specification Page 3 -4 and uploaded to FEDTEDS.

C.2 All work shall be performed in strict accordance with the specification and drawings listed above.

SECTION D PACKAGING AND MARKING

D.1 Not applicable

SECTION E INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 FAR 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. The full text of a clause may be accessed electronically at this/these address: http://www.arnet.gov/far

CLAUSE NO. TITLE:

E.2 CONTRACTOR DAILY REPORTING REQUIREMENT

The Contractor shall be required to prepare and file a Contractor’s Daily Report, for each day of contract performance. This report shall be delivered to, or mailed to the Project Manager on Fridays, and include all work, equipment, tests, and activities completed in the previous work week. Report shall be numbered, dated and signed by the Contractor. Failure to submit the daily reports could result in payments being delayed until such time as all daily reports are current.

E.3 CONTRACTING OFFICER’S REPRESENTATIVE

A Contracting Officer’s Representative (COR), for the purpose of representing the Contracting Officer and assuring contractor compliance with the contract requirements, will be designated. The COR has no authority to issue orders/directions which effect cost, money or time.

The Contracting Officer’s Representative (COR), is authorized to issue notices regarding noncompliance with contract requirements, and to stop work on any portion of the job if the contractor’s methods cause unsafe conditions or will result in noncompliance work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuing of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242-14, Suspension of Work.

E.4 FINAL INSPECTION

Final inspection, punch list, acceptance and cleanup of the project site under conditions defined in Specification Section 01100 are to be completed before the contract completion date. Final inspection and acceptance of the work will be by the Contracting Officer or his authorized representative.

SECTION F-DELIVERIES OR PERFORMANCE

F.1 DELIVERY ORDER (DO)

(a) A delivery order is the contractual instrument issued by the Government to the Contractor to order work. The delivery order is issued upon agreement the Government and the contractor on the scope of work, performance time, and the fixed price for the work. The signed delivery order becomes the Contractor’s Notice To Proceed (NTP). Each individual delivery order becomes a fixed priced contract. OF Form 347, Order for Supplies or Services, will be issued for each delivery order. A delivery order when mailed, shall be issued for purposes of this contract at the time the Government deposits the order in the mail.. Orders may be issued orally, by facsimile or by electronic commerce methods only if authorized in the Schedule.

(b) Orders placed under this indefinite delivery contract shall contain the following information, (1) Date of order. (2) Contract number and order number. (3) Item number and scope of work. (4) Delivery or performance date. (5) Place of delivery or performance. (6) Accounting and appropriation data. (7) Any other pertinent information.

F.2 CONTRACT PERIOD

(a) Contract period shall commence upon date of contract award and shall remain in effect for a one (1) year period. Option years will commence on the same month and day as the original contract award. The contract has a potential for four option years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

© The applicable performance time will be cited on each delivery order issued under this contract.

F.3 GUARANTEED MINIMUM

The Government shall order a guaranteed minimum of $25,000.00 in the first year. If the Government exercises the option, the Government also shall order a guaranteed minimum of $25,000.00 in each option year exercised.

F.4 CONTRACTOR LIABILITY

If the Contractor fails to complete the work within the time specified, or any extensions thereto, the Contractor shall be liable for the total amount of actual damages incurred by the Government due to any inexcusable delay caused by the Contractor until actual contract completion. Actual damages will consist of, but not be limited to the following types of costs: Coast Guard Contracting Officer Representative (COR), Project Manager (PM), Inspector and Contracting Officer hours and costs spent on the project past the contract completion date; costs the Coast Guard incurs in performing a Network Activity Schedule (NAS) if the contractor fails to show how and when completion occurs, if the contractor slips past the contract completion date or would appear to not be able to finish by the contract completion date; technical support contract costs in supporting the Coast Guard in this period past the contract completion date. The above actual damages are in addition to other contractual, regulatory, statutory, and Federal Common Law remedies, protection and damages.

F.5 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least FIFTY (50) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the contracting Officer determines that the reduction would be to advantage of the Government.

(End of clause)

F.6 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

(FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address:

http://www.arnet.gov

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, review and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

The individual appointed as Contracting Officer for this procurement is identified in Block 9 of the SF-1442, Solicitation Offer and Award Form.

G.2 ADDRESS OF CORRESPONDENCE

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

Overnight Mail Address and U.S. Mail Address:

U.S. Coast Guard Civil Engineering Unit-Oakland Contracting & Procurement Division 2000 Embarcadero, Suite 200 Oakland, California 94606-5337

Telephone Numbers: Commercial: (510) 535-7284

FAX: (510) 535-7233

Office hours: 8:00 A.M. to 4:30 P.M. Pacific Standard Time Monday thru Friday (Except Federal Holidays)

NOTE: Include Contract Number on all correspondence.

G.3 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, Insurance-Work on a Government Installation, (JAN 1997), the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the following minimum insurance coverage's. The Contractor shall furnish this certificate before commencing work at the job site. In addition, the Contractor shall maintain a certificate of insurance for each subcontractor working at the job site.

MINIMUM COVERAGE REQUIRED

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

Workmen’s Compensation: As required by Federal and State law.

Employer’s Liability: As required by Federal and State law, $100,000 minimum.

Full insurance coverage in accordance with the United States Longshoreman’s and Harbor Worker’s Compensation Act 33 U.S.C. 901 es seq will be required when a specific project involves of insurance shall indicate that the above provision has been included.

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

G.4 INVOICING REQUIREMENTS

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR Clause 52.232-27, PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. This clause is incorporated by reference in Section I, Contract Clauses.

(b) Invoices shall be submitted in original and one copy on CEUO Form CS-05 to the Contracting Officer.

(c) Contractors are directed to contact the U.S. Coast Guard Finance Center Customer Services at 757-532-6940 or toll-free 800-564-5504, concerning payment information.

Website: https://www.fincen.uscg.mil

G.5 METHOD OF PAYMENT

In accordance with FAR Clause 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REG REGISTRATION (OCT 2003), as contained in Section I, Contract Clauses, the Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules government federal payments through the ACH are contained in 31 CFR parts 210.

For Registration Assistance: CCR Customer Services Contact Information Toll-Free Phone Number 888-227-2423 Outside U.S.: 269-961-4725 Website: http://www.ccr.gov

G.6 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under this contract, shall submit to the Contracting Officer a certification that the contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to his subcontractors and suppliers in accordance with his contractual arrangements. The Contractor shall submit to the Contracting Officer, together with his request for final payment, a properly executed Contractor’s Release, DHS Form 700-03. Failure to submit this completed release shall result in delay of final payment.

G.7 PRE-CONSTRUCTION CONFERENCE

The Contractor, at no additional expense to the Government, shall attend a pre-construction conference at ANT Astoria, on a date and time to be designated by the Contracting Officer. See also FAR Clause 52.236-26 incorporated by reference in Section I.

G.8 PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST

THIS CONTRACT ARE:

G.9 GOVERNMENT FURNISHED MATERIAL

The following Government Furnished Property (GFP) and estimated values is provided under this contract. The Government Furnished Property Administrator for this contract will be the Contracting Officer’s Representative (COR).

TEM NO.

DESCRIPTION

EST. QTY

UNIT

UNIT PRICE

EST TOTAL

050000

MATERIALS

$0.00 050001 Provide 40 foot length of 18 inch diameter 3/8 inch wall strait seam steel pipe, priced per linear foot (LF).

LF

$60.00 $24,000.00 050003 Provide one fabricated pedestal base. To include all flat steel and welding. In accordance with drawing ATON STD 05. NOTE: Steel pipe will be cost out using line item “050001”.

EA

$12,000.00 $12,000.00 050006 Provide one fabricated 5’’x5’ platform in accordance with drawing ATON STD 09.

EA

$7,000.00 $7,000.00 050007 Provide one fabricated 7’x7’ platform in accordance with drawing ATON STD 10.

EA

$8,000.00 $8,000.00 050008 Provide one fabricated 7 foot ladder extension in accordance with drawing ATON STD 11.

EA

$2,000.00 $2,000.00 050009 Provide 1 set, consisting of 2 each brackets, fabricated ladder extension brackets; of either LEB 5x5-1, LEB 5x5-3, LEB 7x7-1, LEB 7x7-3 or LEB 10x10-1. Includes bracket, hoop and fasteners. In accordance with drawing ATON STD 11.

Set $800.00 $800.00 050010 Provide a fabricated 10 foot square 4 pile platform. In accordance with drawing ATON STD 06.

EA

$20,000.00 $20,000.00 050011 Provide a fabricated unassembled 5 foot section of sectional tower. Includes tower members, platform assembly, and 4 each tower base column connectors and all fasteners. In accordance with drawing ATON STD 08.

EA

$13,000.00 $13,000.00 050012 Provide a fabricated unassembled 10 foot section of sectional tower. Includes tower members, platform assembly, and 4 each tower base column connectors and all fasteners. In accordance with drawing ATON STD 08.

EA

$15,000.00 $15,000.00 050013 Provide a fabricated unassembled 15 foot section of sectional tower. Includes tower members, platform assembly, and 4 each tower base column connectors and all fasteners. In accordance with drawing ATON STD 08.

EA

$17,000.00 $17,000.00 050019 Provide a fabricated 8KRW (8’x16’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00

050021 Provide a fabricated 4KRW (4’x8’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00 050022 Provide a fabricated 3KRW (3’x6’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00 050023 Provide a manufactured cable type Safety Climb Device. In accordance with drawing ATON STD 14.

EA

$2,000.00 $2,000.00

050020 Provide a fabricated 6KRW (6’x12’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00 050021 Provide a fabricated 4KRW (4’x8’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00 050022 Provide a fabricated 3KRW (3’x6’) Range Board Frame, including all fasteners. In accordance with drawing ATON STD 12.

EA

$3,000.00 $3,000.00 050023 Provide a manufactured cable type Safety Climb Device. In accordance with drawing ATON STD 14.

EA

$2,000.00 $2,000.00

Note: The contractor shall give seven (7) working days notice to the Coast Guard of when the Government Furnished Material (GFM) will be picked up. All GFM will be delivered to the contractor-designated site.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 PRICING OF REQUEST FOR EQUITABLE ADJUSTMENT

The cost principles and procedures of FAR Subpart 31.2, prescribed by Federal Acquisition Regulations (FAR) Subpart 31.105, are incorporated in this contract.

(a) The Contractor shall submit detailed price proposals for all Contract Modification Requests, and/or changes in the work to the Contracting Officer when requested, within 20 calendar days after receipt of request or such other time as prescribed by the Contracting Officer. The proposal must consist of an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment and overhead at both the prime and subcontractor levels and must cover all work involved whether such work was deleted, added or changed. An itemized breakdown will not be required for proposals amounting to less than $2,500.00. In addition, if your proposal includes a request for a time extension clearly show the effect of the modification/change on your construction schedule including which activities will be impacted, the extent of the impact, and an explanation of why the remainder of the schedule can’t be adjusted to reduce this impact.

(b) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement the Contracting Officer may, under the authority of the Changes Clause of this contract (FAR 52.243-4), issue a Change Order instructing you to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when a Change Order is issued, you must submit a price proposal following the procedure in (a), above, for the equitable adjustment within 20 calendar days, or such other time as prescribed by the Contracting Officer.

(c) The Contracting Officer may consider issuing a unilateral modification to the contract, if your proposal, prepared as required by paragraphs (a) and (b) of this clause, is not received within the required time, or if agreement is not reached.

(d) The proper measure of the amount of downward adjustment to the contract price when the change involves credit to the Government is your reasonable costs had you performed the deleted work. Also, a reasonable allowance for overhead and profit included as part of the downward adjustment for deductive changes. This allowance is subject to negotiations.

(e) Bond premium adjustment, consequent upon changes ordered, will be made based upon the bond percentages as reflected on your Payment and Performance Bonds.

(f) Equipment rental charges shall be based upon the following:

(1) Rental equipment will be priced at the actual rate paid at the equipment rental supplier’s quoted rate for the time the equipment was actually used on the changed work.

(2) Owned equipment shall be priced at the lower of either the actual costs as reflected in the equipment owner’s accounting records or the Dataquest “Rental Rate Blue Book”

H.2 CONTRACTOR INITIATED CHANGES

Contractor initiated requests for changes to the contract will be considered by the Government only if they meet all of the following conditions:

(a) The request shall be submitted to the Contracting Officer by separate correspondence signed by your authorized representative.

(b) The request shall state how the proposed change would be incorporated into the construction schedule, whether or not a time extension will be necessary, and the calendar date by which you must receive approval or disapproval so as not to affect the existing schedule.

(c) The request shall include a complete listing of labor, materials and equipment costs, and proposed changes to the original contract requirements as well as all indirect costs, and delays. It shall include a listing, with telephone numbers of all sources necessary for Government verification of proposed costs and your offer.

(d) Cost and pricing information shall be submitted according to the provisions of H.2 above.

THE GOVERNMENT MAY REJECT ANY REQUEST THAT DOES NOT PROVIDE ALL OF THE ABOVE INFORMATION IN A SINGLE SUBMISSION.

H.3 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractor is required to comply with local VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives and solvent cleaners comply with local VOC laws and regulations, governing VOC materials, and that all required permits have been obtained or will be obtained prior to starting work involving VOCs, in the air quality district in which the work will be performed.

(b) The compliance plan shall be submitted by the contractor to the Contracting Officer within five calendar days after receipt of Notice to Proceed, and prior to the use of any VOC materials on the project site. The Government will approve or disapprove the contractor’s compliance plan within five calendar days after receipt. Should the Government reject the compliance plan, the contractor shall resubmit a revised compliance plan within three calendar days after receipt of the rejection notification.

(Failure on the part of the contractor to submit an acceptable VOC plan, shall not be grounds for time extensions to the performance period). An acceptable compliance plan shall contain, as a minimum:

(i) A listing of each material subject to restrictions in the air quality management district in question;

H.4 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 FAR Clause 52.222-11 (FEB 1988). You will be given a copy of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.5 MISPLACED MATERIAL

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Section 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq).”

H.6 SUPERINTENDENCE BY CONTRACTOR.

The contractor shall directly oversee all work or have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and who has authority to act for the contractor. The superintendent cannot be designated for more than one contract while on site work is being performed. (The superintendent and alternate shall be an employee of the prime contractor).

H.7 SIGNAL LIGHTS

The Contractor shall display signed lights and conduct his operation in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army (33 CFR 201.10-201-16) and the Commandant, U.S. Coast Guard (33 CFR 80.18-80.31a and 33 CFR 95.51-97.700)

H.8 EXERCISE OF OPTION (S)

Under FAR clause 52.217-9, Option to Extend the Term of the Contract, the Government will give the contractor preliminary written notice of its intent to extend the term of the contract at lease 60 calendar days before the contract expires. The U.S. Coast Guard may exercise its option(s), which includes all line items of the contract as modified up to that date, to extend the period of performance under this contract by sending written notice to the Contractor at least 30 calendar days before the contract expires. Exercise of options will be subject to the Availability of Funds, clause, Section I.

H.9 EXERCISE OF OPTION TO EXTEND SERVICES

The U.S. Coast Guard may exercise its option(s) for continued performance of any services under FAR Clause 52.217-8, Option to Extend Services by sending written notice to the contract at lease 10 calendar days before the contract expires.

H.10 ADJUSTMENT TO LINE ITEM PRICES FOR OPTION YEARS

The performance period for the base year of this contract will be 365 calendar days. Option years 1, 2, 3, and 4, if exercised, will be the base year of 365 calendar days.

The line item prices for the basic contract period will remain the same through the first period of performance.

The option year line item prices will be adjusted upon exercising the option in accordance with the following equation:

C1 = C X F

Where CFW1 is the most current Bureau of the Census Composite Fixed Weighted Price Index Available at the time the option is exercised.

CFW1b is the most current Bureau of the Census Composite Fixed Weighted Price Index available at the time of contract award. The Composite Fixed Weighted Price Index can be obtained by contacting the Bureau of the Census, Construction Statistics Division at (301) 763-5717, or they may be contact at the Web site: Http://www.census.gov.

If the Bureau of the Census changes the index base year, the base reference used herein will be adjusted to accommodate new CFW1b. If the CFW1 ceases to be published, the parties shall agree on a substitute index.

H.11 DAVIS BACON WAGE DETERMINATON

Base Year: Minimum Wage Determination specified in the Davis Bacon Wage Determination, included in the solicitation, shall remain in effect for the base year of the contract period only.

Option Years: With each option year exercised, a current Davis Bacon Wage Determination will be issued to replace the previous years determination. Contract shall comply with the new minimum wages set by the Department of Labor.

Negotiation of Option Years Delivery Orders: No allowance will be made for an increase in price as a result of the new wage determination issued because the Bureau of Census inflation factor covers all price increases for that option period. This will be reflected on the adjusted line item prices for option years.

SECTION I CONTRACT CLAUSES CONSTRUCTION

I.1 FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (JUN 2007)

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

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR parts 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

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

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

(End of clause)

I.2 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause-

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

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

"Domestic construction material" means-

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

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

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

"United States" means the 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands, and any other place subject to U.S. jurisdiction, but does not include leased bases.

(b) Domestic preference.

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

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

[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. For determination of unreasonable cost under the Balance of Payments Program, the Contracting Officer will use a factor of 50 percent;

(ii) The application of the restriction of the Buy American Act or Balance of Payments Program 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 or Balance of Payments Program.

(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 or Balance of Payments Program 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 or Balance of Payments Program applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

(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 FAR 52.222-39 NOTIFICATION OF EMPLOYEE RIGHT 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

I.4 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follow: (indicated in bold print)

(1) FAR Clause 52.232-27 Prompt Payment for Construction (SEP 2005)

(a) Invoice payments (a)(1)(i)(A) the due date for making such payments shall be 30 days after receipt of the payment request by the designated billing office.

(2) Payments will not be made more frequently than once per month. When an invoice is received fewer than 30 days after receipt of a previous invoice, it shall be returned to the contractor without action.

(End of Clause)

I.5 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS

(JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the…