TowerDemoRFP2009.doc

IFB DTCGG1-01-B-3WK122

USCG PENNFIELD REEF LIGHT REPAIRS

LONG ISLAND SOUND, FAIRFIELD, CT

REQUEST FOR PROPOSALS

SOLICITATION NUMBER: RFP HSCGG1-09-R-3WK058

PROPOSALS DUE: 30 March 2009 AT 3:00 P.M. LOCAL TIME, STATEN ISLAND, NEW YORK

FOR: TOWER DISMANTLING AT U.S. COAST GUARD FIRE ISLAND & SHINNECOCK STATIONS, SUFFOLK COUNTY, NEW YORK

IMPORTANT - NOTICE TO BIDDER

1. This solicitation contains Sections A through M. Please read the entire solicitation and complete the following:

(a) Sign and return ONE COPY of the Bid Form, Pages 1 thru 27

(b) Complete annual representations and certifications electronically via the Online Representations and Certifications Applications (ORCA) website at http://orca.bpn.gov to Supplement Section K submission.

(c) INCLUDE A DETAILED BREAKDOWN OF THE OFFERED PRICE WITH YOUR RESPONSE. (See Sect M)

(d) Keep the remaining sections for your records.

(e) In accordance with FAR Case 2002-24, Federal Acquisition Circular (FAC) 2001-26, and FAR Subpart 4.12 - Annual Representations and Certifications, the use of ORCA became mandatory as of January 1, 2005. ORCA is available through the Business Partner Network (BPN) at <http://www.bpn.gov/ >. Contractors will use ORCA to electronically submit annual Representations and Certifications (Reps & Certs). Contractors will no longer be required to submit hard copies of their Reps & Certs with each proposal. For contractors to be able to upload their Reps & Certs to ORCA, they must have an active Central Contractor Registration (CCR) record and a Marketing Partner Identification Number (MPIN).

2. See Section L for Instructions, Conditions, and Notice to Bidders.

3. Before mailing your bid, please recheck the following:

(a) Does your offer/bid set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

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

(c) Have you completed and signed all required documents?

(d) Have you remembered the bid guarantee? A 20% Bid Bond is required. See Page #12

(e) Bidders offering less than SIXTY (60) calendar days acceptance time WILL NOT BE considered and WILL be rejected.

4. For general information contact the Contracting Officer, (718) 354-4017. Requests for interpretations shall be by fax (718) 354-4365, letter or Email only (John.C.O’Boyle@uscg.mil). Bid results will be available on-line at www.fbo.gov/.

5. TELEGRAPHIC, TELEPHONIC OR FACSIMILE BIDS WILL NOT BE ACCEPTED.

6. TECHNICAL QUESTIONS REGARDING SPECIFICATIONS AND/OR DRAWINGS SHOULD BE SUBMITTED IN WRITING/FAXED TO THE CONTRACTING OFFICER NO LATER THAN 7 DAYS PRIOR TO THE BID OPENING DATE. THE FAX NUMBER IS (718) 354-4365.

7. This Solicitation is 100% SET-ASIDE for Small Business Participation.

OMBUDSMAN NOTICE

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-9131) U.S. Coast Guard Headquarters Office of Procurement Policy & Oversight 1900 Half St. SW, (11-0203) Washington, DC 20593 Telephone: (202) 372-3692

Fax: (202) 475-3949

NOTICE TO BIDDER/OFFEROR

For proper identification and handling of your bid/offer, ENSURE the following information is on the envelope containing your bid/offer or complete and affix the below label on the lower left corner of the envelope.

BID/OFFER

SOLICITATION NO.

HSCGG1-09-R-3WK058

DATE FOR RECEIPT OF BID/OFFER

TIME OF RECEIPT OF BID/OFFER

3:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

Contracting Officer

USCG Civil Engineering Unit Providence

Ft. Wadsworth Office

311 Battery Road

Staten Island, NY 10305

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP

HSCGG109R3WK058

2. tYPE OF SOLICITATION

FORMCHECKBOX

sealed bid (ifb)

FORMCHECKBOX

negotiated (rfp)

3. DATE ISSUED

25 FEB 2009

PAGE OF PAGES

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

2409G193WK058

6. project no.

628452

Contracting Officer

USCG Civil Engineering Unit Providence

Ft. Wadsworth Office

311 Battery Road

Staten Island, NY 10305

Same as Block 7.

9. FOR INFORMATION

CALL

a. name

Mr. John O'Boyle b telephone no. (Include area code) (no collect calls) 718-354-4017

SOLICITATION

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

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

DEMOLITION OF TOWERS AT U.S. COAST GUARD FIRE ISLAND AND SHINNECOCK STATIONS, SUFFOLK COUNTY, NEW YORK

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

BIDDER SHALL INCLUDE ALL FEDERAL, STATE AND LOCAL TAXES. A TAX EXEMPT NUMBER WILL NOT BE PROVIDED.

THIS SOLICITATION IS 100% SMALL BUSINESS SET-ASIDE (NAICS 237130). SEE CLAUSE I.17 ON PAGE 21 AND K.1 ON PAGE 22.

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 90 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. *(See Section F )

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

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

FORMCHECKBOX

YES FORMCHECKBOX

NO

12B. CALENDAR DAYS

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM (hour) local time 03/30/2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee FORMCHECKBOX is, FORMCHECKBOX is not required. See Page #12

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

53.301-1442 RFP HSCGG1-09-R-3WK058 Page 2 of 27

FEDERAL ACQUISITION REGULATION (FAR)

OFFER (Must be fully completed by offeror)

14. name and address of offeror (Include ZIP Code)

15. telephone no. (Include area code)

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

DUNS: _________ (BIDDER INSERT)

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. signature

20C. offer date

AWARD (To be completed by Government)

21. items accepted:

22. amount

23. accounting and appropriation data

2/3/901/132/43/0/WK/37030/2540

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. Other than full and open competition pursuant to

FORMCHECKBOX

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. name and title of contractor or person authorized to sign (Type or print)

31A. name of contracting officer (Type or print)

30b. signature

30C. DATE

31b. united states of america by 31c. award date

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION _____ ___PAGE(S)

PART I - THE SCHEDULE

X | A

|SOLICITATION/CONTRACT FORM

1-3

| B

|SUPPLIES OR SERVICES AND PRICES/COSTS _

4____ X | C

|DESCRIPTION/SPECS/WORK STATEMENT_______

| D

|PACKAGING AND MARKING

| E

|INSPECTION AND ACCEPTANCE

5 _____

X | F

|DELIVERIES OR PERFORMANCE

5______

X | G

|CONTRACT ADMINISTRATION DATA

5-6__ X | H

|SPECIAL CONTRACT REQUIREMENTS

6-7 _

PART II - CONTRACT CLAUSES

| I

|CONTRACT CLAUSES

8-21___

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

| J

|LIST OF ATTACHMENTS

21__ __

PART IV - REPRESENTATIONS AND INSTRUCTIONS

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

| K

|STATEMENTS OF OFFERORS

22-24_ X | L

|INST., CONDITIONS, AND NOTICES TO OFFERORS

24-26_

X | M

|EVALUATION FACTORS FOR AWARD

___ 26-27_

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SUB ITEM #1A

Furnish all labor, material and equipment necessary to dismantle a 180’ steel tower at USCG Fire Island Station in accordance with the plans and specifications listed in Sections C and J of this solicitation.

Lump Sum Bid Price: $__________ (Bidder Insert)

SUB ITEM #1B

Furnish all labor, material and equipment necessary to dismantle a 200’ steel tower at USCG Shinnecock Station in accordance with the plans and specifications listed in Sections C and J of this solicitation.

Lump Sum Bid Price: $___________ (Bidder Insert)

TOTAL LUMP SUM BID PRICE $___________________

(Sum of Sub-Items #1A and #1B)

REFER TO SECTION M FOR ADDITIONAL IFORMATION WHICH MUST BE SUBMITTED WITH THE PROPOSAL.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be performed in accordance with the following documents:

1. Specifications entitled “PERFORMANCED BASED SPECIFICATIONS FOR DEMOLISH LEGACY TOWERS LONG ISLAND, PROJECT No. 628452)”

2. Coast Guard Drawing P628452 ( Sheets 1 and of 2)

3. Service Contract Act Wage Determination No. 2009-0026 dtd 23 Feb 2009

4. U.S. Department of Labor General Decision Number NY080013 w/Modifications #1 thru #18

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

This section is not applicable.

SECTION F

DELIVERIES OR PERFORMANCE

F.1

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

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within Ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than NINETY (90) calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1

INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of clause 52.232-27, "Prompt Payment for Construction Contracts."

(b) Invoices, in original and one copy, shall be submitted to the address in G.2 below.

(c) Payments will not be made more frequently than once per month.

(d) Invoices must identify contractor's tax identification number.

(e) The following information must be included in each request for progress payment:

(i) A listing of the amount included for work performed by each subcontractor under the contract.

(ii) A listing of the total amount of each subcontract under the contract.

(iii) A listing of the amounts previously paid each subcontractor under the contract.

G.2

CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, U.S. Coast Guard, Civil Engineering Unit/Providence (Ft. Wadsworth Office) All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer at:

USCG CEU Providence

Ft. Wadsworth Office

Attn: Contracting Officer

311 Battery Road.

Staten Island, NY 10305

(718) 354-4017

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

H.2 REQUIREMENT FOR INSURANCE

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

Type of Coverage

Accident Per Person Per Accident Property

Comprehensive

General Liability $500,000

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

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

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

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

H.3 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.4 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (HSAR 3052.228-90)

DEC 2003)

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

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

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

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

______________________________ (Name)

______________________________ (Street Address)

______________________________ (City, State, Zip Code)

______________________________ (Contact and Telephone No.)

H.5 PRICING OF ADJUSTMENTS

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

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far

52.202-1 Definitions - Alternate I (MAY 2001)

JUL 2004

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

APR 1984

52.203-6 Restrictions on Subcontractor Sales to the SEP 2006 Government

52.203-7 Anti-Kickback Procedures

JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of

JAN 1997

Funds for Illegal or Improper Activity

52.203-10 Price or Fee Adjustment for Illegal or

JAN 1997

Improper Activity

52.203-12 Limitation on Payments to Influence Certain

SEPT 2007

Federal Transactions

52.204-4 Printing or Copied Double-Sided on Recycled Paper AUG 2000

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor SEP 2007 Personnel

52.209-6 Protecting the Government's Interest when

SEP 2006

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations on Subcontracting DEC 1996

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION JUN 2007

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act

JUL 2005

· Overtime Compensation

52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-25 Affirmative Action Requirements APR 1984 52.222-26 Equal Opportunity

MAR 2007

52.222-35 Equal Opportunity for Special Disabled Veterans, SEP 2006 Veterans of the Vietnam Era, and other Eligible Veterans

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports on Special Disabled Veterans, SEP 2006

Veterans of the Vietnam Era, and Other Eligible Veterans

52.222-38 Compliance With Veterans’ Employment Reporting

DEC 2001

Requirements 52.222-41 Service Contract Act of 1965 NOV 2007

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-2 Affirmative Procurement of Biobased Products DEC 2007

Under Service and Construction Contracts 52.223-3 Hazardous Material Identification and Material JAN 1997

Safety Data, alt I (July 1995)

52.223-5 Pollution Prevention and Right-to-Know

AUG 2003

Information

52.223-6 Drug-Free Workplace

MAY 2001

52.223-14 Toxic Chemical Release Reporting

AUG 2003

52.223-15 Energy Efficiency in Energy – Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in MAY 2008

Service & Construction Contracts

52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.227-1 Authorization and Consent

DEC 2007

52.227-2 Notice and Assistance Regarding Patent and

DEC 2007

Copyright Infringement

52.227-4 Patent Indemnity - Construction Contracts

DEC 2007

52.228-11 Pledges of Assets

FEB 1992

52.228-12 Prospective Subcontractor Requests for Bonds

OCT 1995

52.228-14 Irrevocable Letter of Credit

DEC 1999

52.229-3 Federal, State, and Local Taxes

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-17 Interest OCT 2008 52.232-23 Assignment of Claims JAN 1986

52.232-27 Prompt Payment for Construction Contracts OCT 2008 Insert “30 Days” in para. (a)(1)(i)(A)

52.232-33 Payment by Electronic Funds Transfer -

OCT 2003

Central Contractor Registration

52.233-1 Disputes (Alternate I) (Dec 1991)

JUL 2002

52.233-3 Protest After Award

AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

APR 1984

52.236-9 Protection of Existing Vegetation, Structures, APR 1984

Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas

APR 1984

52.236-11 Use and Possession Prior to Completion

APR 1984

52.236-12 Cleaning Up

APR 1984

52.236-13 Accident Prevention

NOV 1991

52.236-14 Availability and Use of Utility Services

APR 1984

52.236-15 Schedules for Construction Contracts

APR 1984

52.236-17 Layout of Work

APR 1984

52.236-21 Specifications and Drawings for Construction

FEB 1997

52.236-26 Preconstruction Conference

FEB 1995

52.242-13 Bankruptcy

JUL 1995

52.242-14 Suspension of Work

APR 1984

52.243-6 Change Order Accounting

APR 1984

52.246-12 Inspection of Construction

AUG 1996

52.246-21 Warranty of Construction

MAR 1994

52.248-3 Value Engineering - Construction

SEP 2006

52.249-1 Termination for Convenience of the Government

APR 1984

(Fixed-Price)(Short Form)

52.249-10 Default (Fixed-Price Construction)

APR 1984

52.253-1 Computer Generated Forms JAN 1991

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR

CHAPTER 30 CLAUSES)(BY REFERENCE).

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.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf

3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

3052.222-90 Local Hire (JUN 2006)

3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.242-71 Dissemination of Contract Information (DEC 2003).

3052.242-72 Contracting Officer's Technical Representative (DEC 2003).

I.2 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND

PERMITS (HSAR 3052.223-70) (JUNE 2006)

The Contractor shall have all licenses and permits required by Federal, state and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 calendar days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

I.3 HSAR 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 06-01-2006 HSAR 52-8 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 06-01-2006 HSAR 52-9

(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.

06-01-2006 HSAR 52-10

(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.4 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, orthe 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.

I.5

BID GUARANTEE (FAR 52.228-1) (SEP 1996)

(REQUIRED WITH ALL OFFERS REGARDLESS OF PRICE)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The offeror (bidder) shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be twenty (20%) percent of the Total Bid Price or $3 Million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event that the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.6 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (JAN 2005)

(a) Definitions. As used in this clause-

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

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

“Cost of components” means--

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

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

“Domestic construction material” means--

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

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

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

“United States” means the 50 States, 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. The Contractor shall use only domestic construction materials 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_________________________________ (List applicable excepted materials or indicate "None")

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act.. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Unit of Price Description Measure Quantity (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.7 DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

I.8 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (FAR 52.236-3) (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and, (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings, and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

I.9 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog umber, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this…