IFB-10-PFA001.doc

IFB DTCGG1-01-B-3WK122

USCG PENNFIELD REEF LIGHT REPAIRS

LONG ISLAND SOUND, FAIRFIELD, CT

YOUR INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-10-B-PFA001

BIDS DUE: 17 NOVEMBER 2009 AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: FIRE ALARM REPLACEMENT AND MASS NOTIFICATION SYSTEM, PHASE 1I, U.S. COAST GUARD ACADEMY, NEW LONDON, CT

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 entire solicitation form, Pages 1 thru 28.

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 if the Bid Price exceeds $100,000 See Page 19.

(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, (401) 736-1721. Requests for interpretations shall be by fax (401) 736-1704, letter or Email only (Ernest.P.Eybel@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 (401) 736-1704.

7. This Solicitation is 100% SET-ASIDE for Small Business Participation. See Clause on Page 8.

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.

HSCGG1-10-B-PFA001

DATE FOR RECEIPT OF BID/OFFER

11/17/2009

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

UNITED STATES COAST GUARD

ATTN: Mr. Ernest Eybel

CIVIL ENGINEERING UNIT PROVIDENCE

300 METRO CENTER BLVD.

WARWICK, RI 02886

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-10-B-PFA001

2. tYPE OF SOLICITATION

FORMCHECKBOX

sealed bid (ifb)

FORMCHECKBOX

negotiated (rfp)

3. DATE ISSUED

16 OCT 2009

PAGE OF PAGES

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

2110G10PFA001

6. project no.

536949

Contracting Officer USCG Civil Engineering Unit Providence

300 Metro Center Blvd.

Warwick, RI 02886 Same as Block 7.

9. FOR INFORMATION

CALL

a. name

Mr. Ernest Eybel b telephone no. (Include area code) (no collect calls) 401-736-1721

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):

FIRE ALARM REPLACEMENT AND MASS NOTIFICATION SYSTEM, PHASE II, U.S. COAST GUARD ACADEMY, NEW LONDON, CT

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 238210). SEE CLAUSE ON PAGE 8.

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 330 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 2:00 PM (hour) local time 11/17/2009 (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 19.

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 IFB HSCGG1-10-B-PFA001 Page 2 of 28

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.)

Insert Bid Price in the space provided in Section B on page 4.

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/P/001/137/43/0/FA/60100/2546/536949

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) ( )

USCG CEU Providence Attn: Mr. Ernest Eybel

300 Metro Center Blvd.

Warwick, RI 02886

(401) 736-1721 COMMANDING OFFICER (0324) USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324 For payment inquiries, call: (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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

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

FORMCHECKBOX

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

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

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

31A. name of contracting officer (Type or print) JEAN BRETZ, Contracting Officer

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______ X | H

|SPECIAL CONTRACT REQUIREMENTS

6-7 _

PART II - CONTRACT CLAUSES

| I

|CONTRACT CLAUSES

8-20____

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

21-25_ X | L

|INST., CONDITIONS, AND NOTICES TO OFFERORS

25-28_

X | M

|EVALUATION FACTORS FOR AWARD

___ 28____

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK: The contractor shall provide all labor, materials, equipment, transportation, supervision and disposal necessary for Fire Alarm Replacement and Mass Notification System, Phase II at USCG Academy, New London, CT (New London County). The project consists of replacement of the Grinnell Autocall building fire alarm systems in various buildings on campus to fully addressable fire alarm systems with integral mass notification. Mass notification and fire reporting will be via existing transceivers or installation of government furnished transceivers which will report to the central Mass Notification and reporting system located in each of the two Emergency Operations Centers (EOC). The central Mass notification system is a vision 21system from Signal Communications, Woburn, MA. The work includes replacement of the existing Grinell Autocall hardwired building Fire Alarm (FA) systems with fully addressable Notifier, manufactured by Honeywell, 640 or 3030 fire alarm systems (no substitutions) integrated with a Mass Notification System (MNS). Fire alarm system interfaces to existing systems such as mechanical, fire protection, elevators and other systems. Final design and installation of complete building Mass Notification System integrated with intelligent analog/addressable fire alarm systems for all buildings listed on the system schedule. Integrated building fire alarm and mass notification shall report to the campus wide mass notification command and control system located in the emergency operations centers. The existing mass notification and command control system is a Signal Communications Vision 21. Notification is by common speakers and strobes providing voice (prerecorded or live) messages, visual strobes and text message signs to operational requirements of UFC4-021-01 Mass Notification Systems for integrated navy systems and as modified herein. Reprogramming of two Signal Communications Vision 21 mass notification and command control system with locations and alarm type of every addressable device and building mass notification operation and control. Revise programming and graphical interfaces to show the replacement system layout. Painting and patching of walls and ceilings due to device, conduit and system equipment removals. All work shall be completed in accordance with the attached specification for project number 536949, drawing number CC-1117 (Sheets 1 through 105) , contract clauses and applicable wage rates included herein.

(CLIN 001) BASE BID – Fire Alarm Replacement with Mass Notification System, Phase II, USCG Academy, New London, CT. (ALL WORK EXCEPT HAMILTON HALL)

CLIN 001 BASE BID LUMP SUM PRICE $____________________________

(CLIN 002) OPTION ITEM ONE – Fire Alarm Replacement with Mass Notification System, Phase II, USCG Academy, New London, CT. (ALL WORK ASSOCIATED WITH HAMILTON HALL)

CLIN 002 OPTION ITEM ONE LUMP SUM PRICE $____________________________

TOTAL LUMP SUM BID PRICE (INCLUDES CLIN 001 AND CLIN 002) $________________________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

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

1. SPECIFICATIONS ENTITLED “FIRE ALARM REPLACEMENT AND MASS NOTIFICATION SYSTEM, PHASE II U.S. COAST GUARD ACADEMY, NEW LONDON, CT (Project No. 536949)”

2. Drawings for Project Number 536949, CC-1117 ( Sheets 1 thru 105)

3. U.S. Department of Labor General Decision Number CT20080027, mod 7 dated 9/4/2009

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996).

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 entire work ready for use not later than 330 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.3 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. 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

Attn: Mr. Ernest Eybel, Contract Specialist 300 Metro Center Blvd.

Warwick, RI 02886

(401) 736-1721 Fax (401) 736-1704

E-mail: Ernest.P.Eybel@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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

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

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require 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

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 Government SEP 2006 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 Personnel SEP 2007

52.209-6 Protecting the Government's Interest when

SEP 2006

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.214-26 Audits and Records Sealed Bidding

MAR 2009

52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications-Sealed Bidding

OCT 1997

52.214-28 Subcontract Cost or Pricing Data-Modifications-Sealed Bidding

OCT 1997

52.217-7 Option for Increased Quantity-Separately Priced Line Item

MAR 1989

52.219-6 Total Small Business Set-Aside

JUN 2003

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-14 Limitations on Subcontracting DEC 1996

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act

JUL 2005

· Overtime Compensation

52.222-6 Davis-Bacon Act

JUL 2005

52.222-7 Withholding of Funds

FEB 1988

52.222-8 Payrolls and Basic Records

FEB 1988

52.222-9 Apprentices and Trainees

JUL 2005

52.222-10 Compliance With Copeland Act Requirements

FEB 1988

52.222-11 Subcontracts (Labor Standards)

JUL 2005

52.222-12 Contract Termination - Debarment

FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act

FEB 1988

Regulations

52.222-14 Disputes Concerning Labor Standards

FEB 1988

52.222-15 Certification of Eligibility

FEB 1988

52.222-21 Prohibition of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-27 Affirmative Action Compliance Requirements for

FEB 1999

Construction

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 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification

JAN 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 Information

AUG 2003

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 Affirmmative Procurement of EPA-Identified Items in Service

& Construction Contracts

MAY 2008

52.225-13 Restrictions on Certain Foreign Purchases

JUNE 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

52.228-2 Additional Bond Security

OCT 1997

52.228-11 Pledges of Assets

SEP 2009

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

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

APR 1984

52.236-9 Protection of Existing Vegetation, Structures, 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

52.243-4 Changes JUNE 2007

52.243-6 Change Order Accounting

APR 1984

52.243-7 Notification of Changes (b) 10 calendar days)

APR 1984

52.244-6 Subcontracts for Commercial Items AUG 2009 52.246-21 Warranty of Construction

MAR 1994

52.248-3 Value Engineering - Construction

SEP 2006

52.249-2 Termination for Convenience of the Government(Fixed Price)

MAY 2004

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).

3052.228-70 Insurance (DEC 2003) 3052.228-90 Notification of Miller Act Payment Bond (DEC 2003) 3052.242-71 Dissemination of Contract Information (DEC 2003).

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

I.2 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.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.

I.4 POST –AWARD SMALL BUSINESS PROGRAM REPRESENTATION FAR 52.219-28 (APR 2009)

(a) Definitions. As used in this clause—

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(3) For long-term contracts—

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

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

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

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

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

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

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

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

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

I.5 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.6 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FAR 52.222-23) (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows (New London County, CT):

Goals for minority participation Goals for female participation for each trade for each trade

4.5% 6.9% These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geo-graphical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4, shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance , U.S. Department of Labor within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract;

and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is New London County, CT.

NOTE: The district OFCCP office with cognizance over this covered area is:

Regional Director for OFCCP/ESA

U.S. Dept. of Labor

201 Varick Street

New York, NY 10014

I.7 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

FAR 52.222-39 (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

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities, not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning you rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional Offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB’s website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B – Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to…