RMACC REVISED.doc

UNITED STATES COAST GUARD

REQUEST FOR PROPOSAL

HSCG88-09-R-623066

INDEFINITE DELIVERY-INDEFINITE QUANTITY REGIONAL MULTIPLE AWARD DESIGN/BUILD CONSTRUCTION CONTRACT (IDIQ-RMACC)

AT

VARIOUS DHS FACILITIES THROUGHOUT THE UNITED STATES

AND TERRITORIES

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Government 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 Government 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 Government 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 Government 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-APO)

2100 2nd Street, SW, Room 2606

Washington, D.C. 20593

Telephone (202) 267-2285

Fax: (202) 267-4011

NOTICE TO OFFERORS

Double click on above icon to access embedded SF1442.

SOLICITATION INTENTIONS

The purpose of this contract solicitation is to solicit a Regional Multiple-Award Construction Contract (RMACC). The Contractor will perform standard construction, design/build, performance-based construction task orders for general construction, marine construction, demolition, and historical restoration, construction, repairs, and alterations for the Department of Homeland Security (DHS) in any of the 50 United States and its territories. Initial contracts will be competitively solicited and awarded regionally (i.e., U.S. Coast Guard Districts) with separate consideration for Puerto Rico, & U.S. Virgin Islands. Task orders will range from $3,000 to $5 million. All orders will be solicited on a competitive basis among the firms in the respective district, except for emergent work which may be ordered on a sole source basis. It will allow DHS entities with construction contracting warrants the capability to issue task orders for construction. It is planned that regional awards will include HUBZone companies, 8(a) companies, and Small Disadvantaged Veteran-Owned Small Businesses (SDVOSB). It is desired to award a minimum of five contracts in each district. Contractor selection will be based on Best-Value source selection. There are ten districts, see the attached map in Section J.

In order to be selected for award, offerors will be required to submit a hard copy proposal consistent with the requirements of Section L of the solicitation. It is the offerors’ responsibility to insure their proposal meets all of the requirements stated in Section L of the solicitation. Failure to provide all necessary information may result in a proposal being rejected or not receiving full consideration since the Government reserves the right to award a contract based upon initial proposals and without negotiations.

As stated in Section M of this solicitation, the Government reserves the right to award contracts to five or more offerors in each region. Section M states that all evaluation factors are approximately equal (i.e., price, past performance, & relative experience) The Government intends to make multiple awards of this regional multiple-award construction contracts for one base year with 6 one-year option periods.

Consistent with FAR 15.305(a) (2) the past performance of the offerors will be an integral portion of the evaluation. Offerors shall be provided the opportunity to identify past or current contracts for efforts similar to the Government requirements. Offerors are invited to provide the submission of past performance information as required by Paragraph L.11 to the contracting officer prior to the date required. Early submission of this information will provide the Government with a better opportunity to contact sources and obtain essential information. If the offeror elects to provide this information prior to the closing date for the submission of offers, please provide this information to the Contracting Officer at the below listed address. Please clearly mark the envelope as containing past performance information referencing the solicitation number and name of this procurement. Send to:

Jeff Cross, Contracting Officer/Janice Preston, Contract Specialist

Coast Guard Civil Engineering Unit Oakland (PCD)

2000 Embarcadero, Ste. 200

Oakland, CA 94606-5337 All questions will be directed to the Contracting Officer, at (510)535-7286 (510) 535-7236, fax (510)535-7233, email: janice.m.preston@uscg.mil /Jeffrey.a.Cross@uscg.mil.

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

PART I – THE SCHEDULE

PART II – CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

STATEMENTS OF OFFERORS

86-87

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR

1. BASE ITEM - CONSTRUCTION

Provide all services and materials necessary for construction tasks as identified in the Scope of Work for the Sample Project (see Section J). Prime Contractors proposed price will be developed from the sample project contained in Section J. Price back-up will be provided in the contractor’s price proposal.

Proposed price for sample project (see Section J):

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The requirements provided below are general in nature and will be refined if necessary for each specific task order. If there is a conflict between the requirements contained here and specification for the work being ordered, the specification for the work being ordered will be followed.

Proposers’ price proposals will be based on the “Sample Project” contained in Section J.

C. 1 SCOPE OF WORK

The purpose of this Indefinite Delivery/Indefinite Quantity Contract is to establish terms and conditions upon which the Contractor will perform design/build, performance-based construction, design-bid-build contracts for general construction, marine construction, demolition, and historical restoration, construction, repairs, and alterations for the Department of Homeland Security in any of the 50 United States and its territories. Some Task Orders which require design and construction may require stamped drawings or sketches to describe the new construction. In addition the contractor may be responsible for obtaining all necessary permits. This contract is intended to provide prompt services on as needed basis at minimum administrative costs and to assume that the work will be performed in an expeditious and efficient manner within the budgetary limitations and performance time established for each order. The contractor may be required to visit the proposed work site to establish, clarify, and define the scope of work of the individual requirement to prepare a detailed price proposal. Proposal due dates shall be identified in each Request for Proposal. This contract shall include all supervision, materials, labor, equipment, transportation, and disposal required to perform the work described in these specifications and Request for Proposal.

The Specifications governing all work to be ordered under this contract are contained within this solicitation. Additional specifications may be added for projects and will be issued for pricing prior to placement of a Task Order. Recognizing there may substantive differences in state and local requirements for each region the specifications for each task will be included with the request for proposals. (RFP).

C.2 APPLICABLE PUBLICATIONS

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

(a) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS:

16 CFR 1303

Ban of Lead-Containing Paint and

Certain Consumer Products Bearing

Lead-Containing Paint

40 CFR 61

National Emission Standards for

Asbestos

40 CFR 204

Noise Abatement Program for

Construction Equipment

40 CFR 261

Identification and Listing of

Hazardous Waste

40 CFR 262

Standards Applicable to Generators of Hazardous Waste

40 CFR 263

Standards Applicable to

Transporters of Hazardous Waste

40 CFR 268

Land Disposal Restrictions

40 CFR 761

Polychlorinated Biphenyls (PCB)

Manufacturing, Processing, Distribution in Commerce, and Use

Prohibitions

(b) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS:

29 CFR 1926.62

Lead

29 CFR 1926.1101

Asbestos

(c) U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS:

49 CFR 100-199

Hazardous Materials Transportation, Handling, and Storage Regulations

(d) COMDTINST M6260.16 U.S. Coast Guard Asbestos Exposure

Control Manual

C.3 REFERENCE STATUTES

The statutes listed below form a part of this specification to the extent referenced.

Clean Air Act (CAA) (42 U.S.C.7401 to 7642) Clean Water

Act (33 U.S.C. 1251 to 1387)

Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA) (42 U.S.C. 9601 to 9675)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 to 139y)

Noise Control Act (NCA) (42 U.S.C. 4901 to 4918)

Residential Lead-Based Paint Exposure Reduction Act (15

U.S.C. 2681 to 2692)

Toxic Substance Control Act (TSCA) (15 U.S.C. 2601 to

2654)

Resource Conservation and Recovery Act (RCRA) (42 U.S.C.

6901 to 6991i)

SECTION D

PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(b) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E

INSPECTION AND ACCEPTANCE CONSTRUCTION

E.1 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far and regulation-0606.pdf" http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-manual-1206.pdf

52.246-12

INSPECTION OF CONSTRUCTION (AUG 1996)

E.2

DAILY REPORTING REQUIREMENT

The Contractor shall prepare and file a "Contractor's Daily Report", for each day of contract performance. Description must include task order numbers and work being performed. These reports shall be delivered to, or if directed, mailed to the Construction Manager on Fridays. The daily report shall include the name of Contractors and Subcontractors on-site, the number of workers and their labor categories employed on-site, the work being performed, the type of equipment on-site, any change order work being performed, and whether the work being performed is on schedule. Reports shall be numbered, dated and signed by the Contractor or his Project Manager. Failure to submit the daily reports could result in payments being withheld until such time as all daily reports are current.

E.3

FINAL INSPECTION

Final inspection, punch list, submission of all submittals, acceptance, and cleanup of the project site under conditions defined in Specification will be completed before the task order due date.

For each task order the Contractor shall notify the Contracting Officer and site contact in writing, five (5) calendar days in advance of the date that work will be ready for final inspection.

Final inspection and acceptance of the work will be by the Contracting Officer or the authorized representative.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 52.252-2 http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf and http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-manual-1206.pdf

52.211-10

COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK (APR 1984)

52.236-1

PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.242-14

SUSPENSION OF WORK (APR 1984)

F.2 TERM OF CONTRACT

The initial term of the Contract shall be from the time of award for a period of one year. The Government has the option to extend the term of the contract by one year by written notice to the Contractor in accordance with Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The Government shall give the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. The total duration of this contract, including the exercise of any options shall not exceed 84 months.

F.3 PROJECT SCOPING AND PROPOSAL PROCEDURES

Consistent with FAR 16.505(b) each awardee will be provided a fair opportunity to be considered for each order exceeding $3,000, except as outlined at FAR 16.505(b)(2) & Paragraph H.18. Contractor’s failure to comply with the requirements outlined below may affect the consideration of the Contractor for the award of future task orders. (a) The Contracting Officer reserves the discretion to determine the submission requirements for each task order. Each request for proposal will clearly outline the proposal requirements and evaluation criteria. The Contracting Officer may elect to use the appropriate evaluation scheme depending on the complexity of the subject task order. The following procedures may be used:

(1) Price proposal only. For simple work requirements. Award will be made to the lowest priced proposal.

(2) Price proposal and past performance. For slightly more complex work where work requirements are well defined past performance may be evaluated. The Government will reserve the right to make a technical price trade-off and may elect to award to a higher priced proposal where the proven past performance justifies this trade-off.

(3) Oral presentations and/or technical proposal along with technical proposal. Complex work where the requirements are not as well defined. Past performance will also be evaluated along with the Contractor’s proposal. Government reserves the right to make a technical price tradeoff and to award to other than lowest priced proposal.

(b) In most circumstances the contractors shall be provided with a general scope of work, and/or drawings, and/or specifications. The Contractor may be required to provide a design as part of the task order submittal.

(c) Upon receipt of this notification, the Contractor shall:

(1) If necessary, within five (5) work days, visit the proposed work site in the company of the Contracting Officer or his authorized representative. Establish, clarify, and define the scope of work of the individual requirement to if prepare a detailed cost proposal.

(2) Within the time period established in the Request for Proposal the Contractor shall submit a priced proposal, supported when appropriate by necessary documentation, to indicate that adequate planning to accomplish the requirement has been done. Examples of documentation that might reasonably expected would include shop drawings, catalog cuts, required submittals, or as otherwise required by the Contracting Officer.

(d) Upon receipt of the Contractors’ proposal, the Government will review the proposal for completeness for the required work, and review line items. The Government may enter into dialogue with the competing Offerors to clarify any discrepancies or inconsistencies in the proposal prior to making an award decision. The Government may also engage in further discussions, to include bargaining, to clarify the work requirements or the proposed price. Award of the task order will be consistent with the criteria contained in the request for proposal. Task order award shall be acknowledged by the issuance of a task order to the successful Offeror.

F.4

TASK ORDER (TO)

(a) A task order is the contractual instrument issued by the Government to the Contractor to order work. The task order is issued upon agreement between the Government and the Contractor on the scope of work, performance time, and the fixed price for the work. Each individual task order becomes a fixed priced lump sum contract. Order for Supplies or Services Form, OF 347 will be issued for each task order. Task Orders will be mailed, emailed, or faxed, whichever is more expeditious. A separate Notice to Proceed (NTP) for each task order will be issued at the Preconstruction Conference after receipt of acceptable bonds. The Government reserves the right to issue task orders unilaterally if prior negotiated agreement to the terms of that order cannot be reached before the date that the Contracting Officer determine that prosecution of work must begin.

(b) RFP’s and Task Orders placed under this indefinite delivery contract shall contain the following information, (1) Date of order. (2) Contract number and order number. (3) Scope of work as defined by paragraph F.4. (a),. (4) Delivery or performance date. (5) Place of delivery or performance. (6) Packaging, packing, and shipping instructions. (7) Accounting and appropriation data. (8) Bonding requirements. (9) Any other pertinent information.

(c) An accelerated task order may be initiated by telephone in urgent situations determined by the Contracting Officer. An accelerated task order may be issued unilaterally by the Contracting Officer with the contractor proposal due within 2 calendar days after receipt of the task order. Upon receipt of this accelerated task order notification, the contractor shall:

(i) Within one (1) calendar day visit the proposed work site in the company of the Contracting Officer or his authorized representative.

(ii) Within two (2) calendar days from the date of the site visit, submit to the Contracting Officer a detailed cost proposal.

(d) Emergency work may be orally directed on a unilateral basis (and followed-up in writing) or may be competed with other offerors. If the emergent work is competed then proposals will be due within 5 calendar days after issuance of the RFP. It may also be competed with offerors’ proposals due within five calendar days after the Request for Proposal is issued. The method for executing emergent work will be at the Contracting Officer’s discretion.

(e) Modifications to task orders may be required. Modifications are issued pursuant to specific standard clauses contained in the basic contract. If a modification to a task order is required, the Contractor shall submit a detailed cost proposal in accordance with the following clause:

MODIFICATION PROPOSALS--PRICE BREAKDOWN

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown—

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for—

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

(End of clause)

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

(g) When awarding emergency response contracts during the term of a major disaster or emergency declaration by the President of the United States under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.), preference shall be given, to the extent feasible and practicable, to local firms. Preference may be given through a local area set-aside or an evaluation preference.

The contracting officer may set aside solicitations to allow only local firms within a specific geographic area to compete (see 6.207). The contracting officer, in consultation with the requirements office, shall define the specific geographic area for the local set-aside. A major disaster or emergency area may span counties in several contiguous States. The set-aside area need not include all the counties in the declared disaster/emergency area(s), but cannot go outside it.

F.5

GUARANTEED MINIMUM AMOUNT

In accordance with FAR 52.216-22(b), the guaranteed minimum quantity of work the Government agrees to order under this solicitation is $10,000 during the term of the contract.

F.6 OVERALL CONTRACT MAXIMUM QUANTITY

The estimated maximum value of work the Government will order under this contract is $1,750,000,000 (5 contractors x 10 regions x $5,000,000 per year x 7 years). The maximum amount for each contract awarded is $5,000,000 per year.

F.7 CONTINUITY OF FACILITIES OPERATION

Schedule work to minimize interference with any on-site housing residents and the facilities normal operations. Notify the Contracting Officer and Project Manager 24 hours in advance of any shutdowns. Perform all on-site work between the hours of 7:00 AM and 5:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

F.8

RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposal shall be done in accordance with federal, state, and local laws and regulations.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INSTRUCTIONS FOR SUBMITTING MATERIAL APPROVALS

Submittals must be provided in sufficient time and in such sequence to avoid delays in the work. Test reports and certifications shall be submitted and approved prior to payment for the applicable item. Corrected O&M Manuals must be received by the Government prior to the Final Inspection. Materials, samples, drawings, etc., shall be submitted on the Government provided form.

G.2 AUTHORIZED REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Technical Representative (COTR), is the representative of the Contracting Officer for the purpose of day to day technical administration/inspection of all work under the contract. This includes, but is not limited to, administration of progress, approval of submittals, final inspection and providing technical assistance when required. The contractor is cautioned that in no instance is the above named person authorized to approve any changes which will involve the quantity, quality, price or performance of the contract. COTR’s will be designated on individual task order issued under the contract.

G.3 ADDRESS OF CORRESPONDENCE

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

(a) The address and telephone number of the principal Contracting Officer is:

Overnight Mail Address and U.S. Mail Address:

U.S Coast Guard

Civil Engineering Unit-Oakland

Contracting & Procurement Division

Attn: Jeff Cross/Janice Preston

2000 Embarcadero, Suite 200

Oakland, California 94606-5337

Telephone Numbers:

Commercial:

(510) 535-7286/7236

FAX:

(510) 535-7233 NOTE: Include Contract Number and Task Order Number on all correspondence.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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 Part 31 of the Federal Acquisition Regulations, as applicable, which are in effect on the date of this contract.

H.2 WORK OUTSIDE REGULAR WORK HOURS

If the contractor desires to perform work under this contract outside regular work hours or on Saturdays, Sundays or holidays, he shall apply, in writing, to the Contracting Officer no less than 5 calendar days prior to the planned start of such work. Regular work hours are, for the purpose of this clause, those hours the activity or Command where the work is to be performed normally works on a day-by-day basis. Application by the Contractor does not imply consent by the Government. Each application will be considered, and a decision made, on the potential benefit of permitting such work. Approval of a Contractor's application under this clause will be, unless otherwise agreed in writing, at no additional cost to the Government.

H.3 SAFETY AND HEALTH

(a) The Contractor shall take all reasonable safety and health measures in performing under this contract. The Contractor is subject to (i) all applicable Federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this contract; and (ii) shall comply with all pertinent provisions of the latest version of the U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of this contract; and (iii) shall comply with the Safety and Health Standards, specifications and issuances, reporting requirements, and provisions as set forth in the Schedule of the contract.

(b) Further, the Contractor shall take or cause to be taken such other safety and health measures as the Contracting Officer shall direct. To the extent that the Contractor is entitled to an equitable adjustment under the terms and conditions of this contract, or any other obligations of the parties, such equitable adjustment shall be determined pursuant to the procedures of the clause of this contract entitled "Changes"; provided, that no adjustment shall be made under this clause for any change for which an equitable adjustment is expressly provided under any other provision of this contract.

(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property beyond stated acceptable threshold limits set forth in the Schedule of the contract, or property loss of $10,000 or more arising out of work performed under this contract; provided, however, the Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and injury experience reporting requirement set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the Contracting Officer with a report, in such form as the Contracting Officer may require, of the investigative findings, together with proposed and/or completed corrective actions.

(d) (1) The Contracting Officer may, from time to time, notify the Contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action.

(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with (d) (1) above, the Contracting Officer may invoke the provisions of the clause in the contract entitled "Stop Work", or may invoke whatever other rights are available to the Government under the terms and conditions of this contract or at common law, to remedy such failure or refusal to institute prompt corrective action.

(e) The Contractor (or subcontractor or supplier) shall cause the substance of this clause including this paragraph (e) and any applicable Schedule Provisions, with appropriate changes of designations of the parties to be inserted in subcontracts of every tier which: (i) Amount to $1,000,000 or more unless the Contracting Officer makes a written determination that this is not required; (ii) require construction, repair, or alteration in excess of $10,000; or (iii) the Contractor, regardless of dollar amount, determines that hazardous materials or operations are involved.

(f) The Contractor agrees that authorized Government representatives of the Contracting Officer shall have access to and the right to examine the sites or areas where work under this contract is being performed to determine the adequacy of the Contractor's safety and health measures under this clause.

H.4 GOVERNMENT RIGHTS (UNLIMITED)

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the “person for whom the work was prepared” for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish original or copies of all such works on the request of the Contracting Officer.

H.5 REQUIRED INSURANCE

The contractor shall procure and maintain insurance for each task order during the entire period of his performance, in accordance with Federal Acquisition Regulation Clause No. 52.228-5, entitled “INSURANCE - WORK ON A GOVERNMENT INSTALLATION”. (See Section I) FAR 28.307-2 states the following minimum amounts of liability:

(a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability. When contract performance involves use of vessels, Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(f) Prior to commencement of work on any task order, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer. The contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(g) If the task order specifications require work to be done on, over, or around water, the Longshore and Harbor Workers Compensation Act applies to the procurement. In addition to other insurance coverage required, full insurance coverage is required in accordance with the U.S. Longshore and Harbor Workers Compensation Act, 33 USC 901 et seq.

**USE IF OVER $1M AND NOT SMALL BUSINESS SET-ASIDE

**CHANGE LD AMOUNT**

REVISE PARAGRAPH (a) WHEN MORE THAN 1 COMPLETION DATE FOR SEPARATE STAGES IS NEEDED. PARA. (A) SHOULD STATE AMOUNT OF LD’S FOR EACH SEPARATE STAGE.

H.6 CONTRACTOR SAFETY, SECURITY AND USE OF PREMISES:

The Contractor whether performing work on a military installation or not must be familiar with and obey established fire, safety, environmental and security regulations.

(a) Security Passes: Contractor personnel shall obtain security passes from the Security Office prior to beginning work and must carry this ID at all times while working on this project. Each employee must show a valid drivers license, birth certificate or company ID card to be issued a security pass. Personnel shall not stray from the immediate area of work or direct avenues of ingress and egress unless authorized in advance by the Contracting Officer’s Technical Representative (COTR).

(b) Hazardous Materials: The Contractor shall provide the Government with a list of all hazardous materials to be used in the performance of this project and ensure Materials Safety Data Sheets (MSDS) are available at the work site for all hazardous materials used. The Contractor shall immediately contain and clean up the release or spill of a hazardous material and report the incident to the COTR or the Environmental Technician.

(c) Protection of Property: The Contractor shall protect the existing surrounding equipment, personal belongings and property during the course of this work. Any damage caused by the Contractor shall be corrected at the Contractor’s expense. The Contractor will be responsible for repair of any damage incurred to turf, landscaping, buildings, utilities or pavement as a result of his work at no additional cost to the government.

(d) Cleanup: The Contractor shall keep the work areas, including storage areas, free from accumulations of waste materials on a daily basis and comply with all federal, state and local regulations pertaining to the storage, transport and disposal of wastes. Contractor shall not use Government waste disposal facilities including garbage cans, trash piles or dumpsters, unless given authorization by the COTR for a specific task.

H.7 VEHICLE PASSES

The Contractor shall obtain a temporary vehicle pass, if required at the DHS location where performance is to take place.

To obtain a temporary vehicle pass, the Contractor must have in his possession at the time of application, a current vehicle registration card for each vehicle he wishes to register, a current valid drivers license for each operator, and proof of insurance covering each vehicle to be registered.

If the Contractor changes vehicle or a new vehicle is used, a new vehicle pass will be needed. CONTRACTOR'S SHALL NOT EXCHANGE VEHICLE PASSES

A violation of the Base Security Regulations or Motor Vehicle Regulations could result in the Contractor being barred from the base, and the contract terminated for default.

H.8 WAGE RATES

Applicable Davis Bacon Wage Rates in effect at the time of issuance of a Task Order will apply. Contractors will be provided with the wage determination prior to issuance of a task order for pricing purposes. If crafts or trades are required in the performance of this project for which no wage is listed in the Department of Labor Wage Decision (See Section J), the Contracting Officer shall be notified in writing. No work in unlisted crafts or trades will be permitted until a wage has been negotiated between the Contracting Officer and the Contractor. The negotiated wages are subject to the approval of the Department of Labor in accordance with FAR 52.222-6(c).

H.9 CERTIFICATION OF PAYMENTS-RELEASE OF CLAIM

The Contractor, prior to receiving a progress or final payment under any task order, 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 700-3. Failure to submit this completed release shall result in delay of final payment.

H.10 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 this contract in accordance with FAR Clause 52.222-11. The Prime Contractors will be given copies of Form SF 1413 after award of a contract. Completing this form creates no contractual relationship between subcontractors and the Government.

H.11 ACCIDENT PREVENTION STATE OSHA HEALTH AND SAFETY STANDARDS

Parts of this contract will be for construction, dismantling, demolition or removal of improvements and the contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

In addition to the safety requirements above, all State and Federal Occupational Safety and Health Administration (OSHA) standards are included into this contract in full force and effect, and the most stringent of the standards will apply.

H.12 SIGNAL LIGHTS (FOR MARINE WORK ONLY)

The Contractor shall display signal lights and conduct his operations 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.13 VOLATILE ORGANIC COMPOUNDS (VOC) COMPLIANCE PLAN

(a) Contractor's are 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 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 VOC's, 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 a Task Order, 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 a time extension to the performance period.

(c) 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;

(ii) The rule governing its use;

(iii) A description of the actions which the Contractor will use to comply with the laws and regulations, and plans to report to the Contracting Officer any changes in the status of compliance during the life of the contract.

(iv) Alternatively, if no materials are subject to the restrictions in the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state.

H.14 MISPLACED MATERIAL (FOR MARINE WORK ONLY)

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.15 LIQUIDATED DAMAGES

DHS reserves the right to include in any task order FAR 52.211-12, Liquidated Damages-Construction. Contractors will be made award of this provision in the request for proposals for task orders.

H.16 CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND

CERTAIN INSTITUTIONS OF HIGHER EDUCATION

10 U. S. C. 2323, Contract goals for small disadvantaged business and certain institutions of higher education, enacted by Public Law 103-355, requires submission of data on contracts and subcontracts awarded to small disadvantaged businesses, historically black colleges and universities, and minority institutions. The contractor agrees to submit, upon request from the contracting officer, information as may be required by the Government to meet reporting requirements set forth under 10 U. S. C. 2323.

H.17

KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS

Any key in-house personnel, subcontractors and outside associates or consultants required by the contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during task order negotiations. The contractor shall obtain the Contracting Officer's written consent before making any substitutions for these designated key personnel, subcontractors, associates, or consultants.

H.18 FAIR OPPORTUNITY FOR CONSIDERATION OF SUBSEQUENT TASK ORDERS

(1). One or more Task Orders may be issued during the performance period of this contract. The Government will provide all awardees a fair opportunity for consideration. Fair opportunity is not the same evaluation process used to make the initial award of the IDIQ contract. In accordance with FAR 16.505(b), the Contracting Officer will give each awardee a "fair opportunity" to be considered for each order in excess of $3,000 unless one of the conditions in paragraph (2) below applies.

(2). Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for Task Orders which are expected to exceed $3,000 when the Contracting Officer determines one of the following conditions apply:

(a) The agency need for services is of such urgency that providing such an opportunity would result in unacceptable delays;

(b) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized;

(c) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a Task Order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. For the purposes of this contract the Contracting Officer may negotiate a sole source logical follow-on Task Order with the current contractor providing previously competed services. A sole source logical follow-on must be for the same type of service previously competed at the same location(s). When deciding whether to negotiate a sole source logical follow-on task order with the current contractor, consideration will be given to the contractor's past performance and price.

(d) It is necessary to place an order to satisfy a minimum guarantee.

(3) The Contracting Officer has broad discretion in determining which awardee should receive a Task Order. Proposed price, timely completion on previous orders, and past performance may be considered. These factors are equally important unless otherwise specified in the Task Order Proposal Request. The Task Order may be awarded to other than the lowest priced offer.

H.19 CONTRACTOR SECURITY REQUIREMENTS

At the Pre-construction Conference [or prior to beginning work on any task order], the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Government facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Government facility. Contractor personnel shall have photo identification at all times while working on Government facilities. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc...) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. Otherwise access to the Government facility may be denied. Special security provisions may apply to some task orders. Employees may be required to submit to a background check and be United State citizens.

H. 20 TEMPORARY FACILITIES

(a) STORAGE: The location for exterior stock piling of materials shall be arranged by the Contracting Officer’s Representative (COR) and Project/Construction Manager.