Solicitation HSCG88-10-B-PQQ071 - PSN 2883498.pdf

Aid-To-Navigation (ATON) Maintenance HSCG88-10-B-PQQ071 Puget Sound (Oaks Harbor), WA PSN 2883498

INVITATION FOR BID (IFB)

THE STANDARD FORM (SF) 1442 IS ATTACHED WITH THE REST OF THE

DOCUMENTS AND DRAWINGS ON THIS FBO.GOV SITE.

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:

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.

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

The Contractor’s bid price shall be all inclusive to provide for all labor, material, supplies, transportation, supervision and all other necessary items for a complete and usable project, performing all work in a workman like manner in complete compliance with all plans, drawings, and specifications which are contained in this solicitation.

B.1: Aid-To-Navigation (ATON) Maintenance at Puget Sound (Oaks Harbor), Washington, in accordance with Specifications and Drawings:

1) Oak Harbor Day Beacon “10” (LLNR 18705)

(a) Remove existing wood piling and platform.

(b) Install new single steel pile and government furnished 5’x5’ platform.

Bid Item 1: $_______________

2) Oak Harbor Light “11” (LLNR 18710)

(a) Remove existing multi-pile wood structure and platform.

(b) Install new single steel pile and reuse existing 5’x5’ platform.

Bid Item 2: $_______________

3) Oak Harbor Light “12” (LLNR 18715)

Bid Item 3: $_______________

4) Cap Sante Waterway Light “2” (LLNR 18995)

Bid Item 4: $_______________

5) Cap Sante Waterway Day Beacon “4” (LLNR 19005)

(a) Remove existing wood pile and platform.

Bid Item 5: $_______________

6) Cap Sante Waterway Light “5” (LLNR 19010)

Bid Item 6: $_______________

7) Cap Sante Waterway Light “6” (LLNR 19015)

Bid Item 7: $_______________

8) Anacortes Channel Light “4” (LLNR 19055)

Bid Item 8: $_______________

TOTAL FOR BASE ITEMS: $_______________________

Option Bid Items:

1) Steamboat Flats Light (LLNR 18495)

(b) Install new three-pile steel and government furnished 5’x5’ platform.

Option Item 1: $_________________

2) Snohomish River Light “8” (LLNR 18590)

(a) Remove existing single pile steel structure and platform.

Option Item 2: $_________________

3) Yellow Bluff Reef Obstruction Day Beacon (LLNR 19165)

Option Item 3: $_________________

4) Brown Island Day Beacon “2” (LLNR 19600)

(a) Remove existing multi-pile steel structure and platform.

Option Item 4: $_________________

5) Sandy Point Light “2” (LLNR 19880)

(a) Remove existing single steel structure and platform.

(b) Install new three-pile steel and government furnished 5’x5’ platform.

Option Item 5: $__________________

TOTAL FOR OPTION ITEMS: $_____________________________

GRAND TOTAL FOR BASE AND OPTION ITEMS: $_____________________________

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) Maintenance at Puget Sound, WA, 2010.

(B) DRAWINGS: As delineated on the Specifications, Page 6.

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/index.html

CLAUSE NO. TITLE:

FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-21 Warranty of Construction (MAR 1994)

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.

http://www.arnet.gov/far/index.html

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION

OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within FIVE

(5) CALENDAR DAYS after the date the Contractor receives the Notice to Proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ONE HUNDRED TWENTY (120) CALENDAR DAYS after the contractor receives the NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause) Notice to Offerors:

F.2 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.3 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 TWENTY (20) 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.4 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:

CLAUSE NO. TITLE

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

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) 535-7206

FAX: (510) 535-7233

Office hours: 7:30 A.M. to 4:00 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

Type of Accident Bodily Injury Bodily Injury Property Damage Per Person Per Occurrence Per Occurrence 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 (provided at time of award).

(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 (provided at time of award). 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 Civil Engineering Unit Oakland, Oakland, California, 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 GOVERNMENT FURNISHED MATERIAL

The following Government Furnished Property (GFP) is provided under this contract (See Specifications for more detail). The Government Furnished Property Administrator for this contract will be the Contracting Officer’s Representative (COR).

BASE BID ITEMS:

5’x5’ ATON Platform 3 EA 7’x7’ ATON Platform (Existing) 5 EA 7’ Steel Ladder Section 8 EA LEB 5x5-1 w/ Hoops 16 EA Dayboards: 3SG 3 EA Dayboards: 4TR 16 EA

OPTION BID ITEMS:

5’x5’ ATON Platform 5 EA 7’ Steel Ladder Section 4 EA LEB 5x5-1 w/ Hoops 6 EA LEB 5x5-3 w/ Hoops 4 EA Dayboards: 4TR 7 EA Dayboards: 4NB 4 EA Dayboards: 4NW 3 EA

Note: The GFM shall be picked up from USCG Aids to Navigation Team (ANT) Astoria Tongue Point, Astoria, OR 97103-2099.

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 effect 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;

(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.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 (JUL 2005). 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).

SECTION I

CONTRACT CLAUSES CONSTRUCTION

I.1 52.222-8 PAYROLLS AND BASIC RECORDS

Payrolls and Basic Records (Deviation 2009-O0001)

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

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

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

http://www.dol.gov/whd/

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

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

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

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

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

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

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

I.2 FAR 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: none

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.3 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 conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States

Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

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

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

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

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

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

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

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

I.6 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C.

395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)

I.7 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/far/index.html

CLAUSE NO. TITLE:

FAR 52.202-1 Definitions (JUL 2004 FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (JAN 1997) FAR 52.203-10 Price or Fee…