EatonsNeckDredgingHSCGG1-10-B-PRV054pdf.pdf

YOUR INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-10-B-PRV054

BIDS DUE: 12 JANUARY 2010 AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: DREDGING AT USCG STATION EATONS NECK, NORTHPORT, LONG ISLAND, NY (SUFFOLK COUNTY)

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 29.

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 #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 Contract Specialist, (401) 736-1721. Requests for interpretations shall be by fax (401) 736-

1721, 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 (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

Ombudsman Program for Agency Protests 1900 Half St. SW, (11-0602) Washington, DC 20593

Telephone: (202) 372-3695 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-PRV054

DATE FOR RECEIPT OF BID/OFFER

12 JANUARY 2010

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

UNITED STATES COAST GUARD

ATTN: 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-PRV054

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10 Dec 2009

PAGE OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

2410G10PRV054

6. PROJECT NO.

P493453

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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):

DREDGING AT U.S. COAST GUARD EATONS NECK STATION,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 237990). SEE CLAUSE I.18 ON PAGE 21 AND K.1

ON PAGE 23.

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 45 calendar days after receiving award, notice to proceed. This performance period is mandatory, 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.)

YES 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 01/12/2010 (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 is, 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 IFB HSCGG1-10-B-PRV054 Page 2 of 30 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)

DUNS: _________ (BIDDER INSERT)

CODE FACILITY CODE

16. REMITTANCE ADDRESS (Include only if different than Item 14)

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

AMOUNTS

DREDGING AT USCG STATION EATON’S NECK, NORTHPORT, LONG ISLAND, NY (SUFFOLK

COUNTY)

TOTAL BID PRICE: $_______________________________

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/RV/30196/2540

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

See Block 7 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

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.

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

IFB HSCGG1-10-B-PRV054 PAGE 3 of 30

DREDGING AT USCG STATION EATONS NECK

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A |SOLICITATION/CONTRACT FORM 1-3

X | B |SUPPLIES OR SERVICES AND PRICES/COSTS _ 4____

X | C |DESCRIPTION/SPECS/WORK STATEMENT_______ 4

X | D |PACKAGING AND MARKING 4

X | E |INSPECTION AND ACCEPTANCE 4 _____

X | F |DELIVERIES OR PERFORMANCE 5______

X | G |CONTRACT ADMINISTRATION DATA 5__

X | H |SPECIAL CONTRACT REQUIREMENTS 6-7 _

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 8-22___

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 22__ __

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 23-27_

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 27-30_

X | M |EVALUATION FACTORS FOR AWARD ___ 30___

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The contractor shall provide all labor, materials, equipment, transportation, supervision and disposal necessary

IFB HSCGG1-10-B-PRV054 PAGE 4 of 30 to perform dredging at USCG Eatons Neck Station, Northport, NY in accordance with the plans and specifications listed in Sections C and J of this solicitation.

Bid Item #1

Dredge and dispose of dredged material at the designated disposal site:

5,000 cubic yards (Estimated Quantity) @ $_________per cubic yard = $____________ (Bidder Insert) Bid Item #2

All other costs associated with the performance of the subject project including but not limited to:

Mobilization/Demobilization, Progress Schedule & Construction Submittals, Environmental Controls, Pre-construction and Post-Construction Surveys and Quantity Calculations. Disposal shall be at the North Creek Disposal Area indicated on sheet #1 of Drawing P01P05084.

Lump Sum Bid: $__________________ (Bidder Insert)

TOTAL BID PRICE $_______________________

(Sum of Bid Items #1 & #2

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

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

1. Specifications entitled “Dredging at CG Station Eaton’s Neck Project P493453” w/ New York State Department of

Environmental Conservation Permit dated 19 January 2007

2. Coast Guard Drawing P01P5084 ( Sheets 1 thru 2 of 2)

3. U.S. Department of Labor General Decision Number NY20080001, Modification #1 dated 10/3/2008

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)

IFB HSCGG1-10-B-PRV054 PAGE 5 of 30

(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 FORTY-FIVE (45) calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

NOTE: In accordance with NY State Department of Environmental Conservation, Water Quality Certification, Permit Number: 1-4726-00545/00002, No dredging can occur after 31 March 2010.

F.2 PERFORMANCE OF WORK BY THE CONTRACTOR. (FAR 52.236-1) (APR 1984)

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

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.

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 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

IFB HSCGG1-10-B-PRV054 PAGE 6 of 30

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.

IFB HSCGG1-10-B-PRV054 PAGE 7 of 30

(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

(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)

IFB HSCGG1-10-B-PRV054 PAGE 8 of 30

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 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 52.222-3 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 52.222-38 Compliance With Veterans’ Employment Reporting DEC 2001 Requirements 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-2 Affirmative Procurement of Biobased Products DEC 2007

IFB HSCGG1-10-B-PRV054 PAGE 9 of 30

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 MAY 2008 in Service and 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 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 52.236-7 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 52.249-2 Termination for Convenience of the Government MAY 2004 (Fixed-Price)(ALT I, Sep 1996) 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

IFB HSCGG1-10-B-PRV054 PAGE 10 of 30

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

3052.204-71 Contractor Employee Access (JUN 2006) 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 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

REPRESENTATION (FAR 52.209-2 (JUL 2009)

(a) Definition. “Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

(b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).

(c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.

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

As prescribed in 19.308(d), insert the following clause: Post-Award Small Business Program Rerepresentation (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.

IFB HSCGG1-10-B-PRV054 PAGE 11 of 30

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

(REQUIRED ONLY IF BID PRICE EXCEEDS $100,000)

(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.

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(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 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 (Suffolk County, NY):

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

5.8 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 -

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(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 areas is Suffolk County, NY.

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 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (FEB 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

“Cost of components” means—

(3) 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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

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(b) Domestic preference.

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

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

___________None__________________ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

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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.8 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.9 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

I.10 MATERIAL AND WORKMANSHIP (FAR 52.236-5) (APR 1984)

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(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.