HSCGG1-11-B-PCGAS1 SOLICITATION DOCUMENT.pdf

INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-11-B-PCGAS1

BIDS DUE: 08 NOVEMBER 2011 AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: REPLACE MAIN SWITCHGEAR, PROJECT #4138993 AND REPLACE MV FEEDERS 3 & 4,

PROJECT #4139002, USCG ACADEMY, NEW LONDON, CT

IMPORTANT - NOTICE TO BIDDERS

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

1. Sign and return TWO COPIES of the SF1442, Sections B and K.

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 provided the bid guarantee? A 20% Bid Bond is required.

(e) Bidders offering less than sixty (60) calendar days acceptance time WILL NOT BE considered and WILL BE rejected. (Refer to FAR Clause 52.232-18, Availability of Funds)

4. For general information contact Teresa Calabrese at (401)736-1785. Requests for interpretations shall be by fax to

(401) 736-1704, letter or e-mail only (Teresa.L.Calabrese@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/EMAILED 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 (SB) concerns.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) 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 Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG 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 a specific USCG 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 USCG 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 in FAR 33.103. 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 submitted to:

Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

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.

HSCGG1-11-B-PCGAS1

DATE FOR RECEIPT OF BID/OFFER

11/08/2011

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

Contracting Officer Attn: Teresa Calabrese USCG CEU Providence 300 Metro Center Blvd.

Warwick, RI 02886

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-11-B-PCGAS1

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

10/7/2011

PAGE OF PAGES

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

4. CONTRACT NO..

5. REQUISITION/PURCHASE REQUEST NO.

2111G11PCGAS1

6. PROJECT NO.

41138993/4139002

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Contracting Officer USCG Civil Engineering Unit Providence 300 Metro Center Blvd.

Warwick, RI 02886

Contracting Officer USCG CEU Providence Attn: Contracting (6jb) 300 Metro Center Blvd.

Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Ms. Teresa L. Calabrese B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

401-736-1785 /Teresa.L.Calabrese@uscg.mil

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):

HSCGG1-11-B-PCGAS1 REPLACE MAIN SWITCHGEAR, PROJECT #4138993 AND REPLACE MV FEEDERS 3 & 4, PROJECT #4139002, USCG ACADEMY, NEW LONDON, CT

The contractor will be required to replace the original PILC 5KV and XLPE 5KV cable with EPR 15KV cable from the Boiler Plant (Loop 2 – Feeder 4) to the G&W 15 KV load break switch in the Pump Station, G&W switch in Michel Hall to G&W switch in Munro Hall (Loop 2 – Feeder 3) and replace the existing main switchgear. Work includes replacing existing cables throughout Feeder #3 and Feeder #4 (HV-3 and HV-

4) branch circuits, cleaning the cable ducts, replacing the cable holders and pulling new 15KV ethylene propylene rubber insulated cable (EPR) with an associated ground conductor. Separable splices shall be on all branch connections being replaced. Once the cable is replaced, the contractor shall re-splice and test the replaced branch and feeder station. The contractor shall complete the replacement and testing of one feeder section prior to beginning replacement of the other, The contractor will be required to perform work in manholes and switchgear with energized 4160 volt cables and is required to use appropriate PPE including flame retardant clothing while working in these manholes and the main switchgear. Lead cable shall be cut into manageable lengths (3 foot sections) and turned over to the USCG Academy. Asbestos fire-wrap is anticipated to be present in manholes and workers need to be aware of its presence. All work shall be accomplished in accordance with the solicitation/contract document terms and conditions, project specifications, project drawings and applicable wage determinations.

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% SET ASIDE FOR SMALL BUSINESS CONCERNs, NAICS CODE 238210, Size Standard 14mil

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 329 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 11/08/2011 (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. 20% Bid Bond Required

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 HSCGG1-11-B-PCGAS1 Page 2 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)

CODE FACILITY CODE

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

Insert Total Bid Price Here $ .

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/3V/037/00/0/RV/330702/73001/3201

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 51283 27. PAYMENT WILL BE MADE BY

Contracting Officer USCG CEU Providence Attn: Contracting (6GF) 300 Metro Center Blvd.

Warwick, RI 02886

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)

G. J. FORTIN

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

IFB HSCGG1-11-B-PCGAS1

Contract HSCGG1-11-C-PCGAS1 Page | 3

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 5

X | E |INSPECTION AND ACCEPTANCE 5 _____

X | F |DELIVERIES OR PERFORMANCE 6______

X | G |CONTRACT ADMINISTRATION DATA 6______

X | H |SPECIAL CONTRACT REQUIREMENTS 7-8 _

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 9-18____

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 18__ _

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 19-22

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 23-26_

X | M |EVALUATION FACTORS FOR AWARD ___ 26___

A.1 Construction Cost Estimate: For purposes of disclosing the size of this construction project, offerors are advised that the total value is estimated between $1,000,000 and $5,000,000.

A.2 A bid guarantee equal to 20% of the total bid price is required at time of bid opening.

A.3 Performance and Payment bonds will be required for 100% of the total award amount.

Page | 4

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF CONSTRUCTION SERVICES: Contractor shall furnish all labor, material, equipment, transportation, disposal, and supervision necessary to replace the original PILC 5KV and XLPE 5KV cable with EPR 15KV cable from the Boiler Plant (Loop 2 – Feeder 4) to the G&W 15 KV load break switch in the Pump Station, G&W switch in Michel Hall to G&W switch in Munro Hall (Loop 2 – Feeder 3) and replace the existing main switchgear. Work includes replacing existing cables throughout Feeder #3 and Feeder #4 (HV-3 and HV-4) branch circuits, cleaning the cable ducts, replacing the cable holders and pulling new 15KV ethylene propylene rubber insulated cable (EPR) with an associated ground conductor. Separable splices shall be on all branch connections being replaced. Once the cable is replaced, the contractor shall re-splice and test the replaced branch and feeder station. The contractor shall complete the replacement and testing of one feeder section prior to beginning replacement of the other, The contractor will be required to perform work in manholes and switchgear with energized 4160 volt cables and is required to use appropriate PPE including flame retardant clothing while working in these manholes and the main switchgear. Lead cable shall be cut into manageable lengths (3 foot sections) and turned over to the USCG Academy. Asbestos fire-wrap is anticipated to be present in manholes and workers need to be aware of its presence. All work shall be accomplished in accordance with the solicitation/contract document terms and conditions, project specifications, project drawings and applicable wage determinations.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Contractor shall furnish all labor, material, equipment, transportation, disposal, and supervision necessary to replace the original PILC 5KV and XLPE 5KV cable with EPR 15KV cable from the Boiler Plant (Loop 2 – Feeder 4) to the G&W 15 KV load break switch in the Pump Station, G&W switch in Michel Hall to G&W switch in Munro Hall (Loop 2 – Feeder 3) and replace the existing main switchgear. Work includes replacing existing cables throughout Feeder #3 and Feeder #4 (HV-3 and HV-4) branch circuits, cleaning the cable ducts, replacing the cable holders and pulling new 15KV ethylene propylene rubber insulated cable (EPR) with an associated ground conductor. Separable splices shall be on all branch connections being replaced. Once the cable is replaced, the contractor shall re-splice and test the replaced branch and feeder station. The contractor shall complete the replacement and testing of one feeder section prior to beginning replacement of the other, The contractor will be required to perform work in manholes and switchgear with energized 4160 volt cables and is required to use appropriate PPE including flame retardant clothing while working in these manholes and the main switchgear. Lead cable shall be cut into manageable lengths (3 foot sections) and turned over to the USCG Academy. Asbestos fire-wrap is anticipated to be present in manholes and workers need to be aware of its presence. All work shall be accomplished in accordance with the solicitation/contract document terms and conditions, project specifications, project drawings and applicable wage determinations incorporated herein.

SECTION D

PACKAGING AND MARKING

Page | 5

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

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

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

SECTION F

DELIVERIES OR PERFORMANCE

Page | 6

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than Three Hundred Twenty-Nine (329) 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 FAR 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 the complete contract number, the contractor’s name and address, the contractor's tax identification number, and the contractor’s DUNS 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:

Contracting Officer USCG, CEU Providence Attn: Ms. Teresa Calabrese 300 Metro Center Blvd.

Warwick, RI 02886 Phone: (401)736-1785 Fax: (401) 736-1704 Email: Teresa.L.Calabrese@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Page | 7

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

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

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

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

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

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

H.2 ADDITIONAL BOND SECURITY (FAR 52.228-2) (OCT 1997)

The contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if --

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.3 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.4 AVAILABILITY OF FUNDS (FAR 52.232-18) (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of

Page | 8 the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

H.5 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

H.6 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 FAR 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.7 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)

Page | 9

______________________________ (Street Address) ______________________________ (City, State, Zip Code) ______________________________ (Contact and Telephone No.)

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 OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.204-4 Printing or Copied Double-Sided on Post Consumer Fiber Content Paper MAY 2011 52.204-7 Central Contractor Registration APR 2008 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 52.209-6 Protecting the Government's Interest when Subcontracting With Contractors DEC 2010 Debarred, Suspended, or Proposed for Debarment 52.214-26 Audits and Records – Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications – OCT 2010 Sealed Bidding 52.214-28 Subcontract Certified Cost or Pricing Data – Modifications – Sealed Bidding OCT 2010 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-28 Post-Award Small Business Program Representation APR 2009 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation JUL 2005 52.222-6 Davis-Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 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 Regulations FEB 1988 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 Construction FEB 1999` 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action for Workers with Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-38 Compliance with Veterans’ Employment Reporting Requirements SEP 2010 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons FEB 2009

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52.222-54 Employment Eligibility Verification JAN 2009 52.223-2 Affirmative Procurement of Bio-based Products under Service and DEC 2007 Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data, Alt I (July 1995) JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and MAY 2008 Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Texting While Driving AUG 2011 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 Copyright Infringement DEC 2007 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 2010 52.232-18 Availability of Funds APR 1984 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 – Central Contractor Registration OCT 2003 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, Equipment, Utilities and APR 1984 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 w/Alternate II: One set of As-Built Drawings Required 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 52.245-1 Government Property AUG 2010 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering - Construction OCT 2010 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

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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/xlibrary/assets/opnbiz/HSAR.pdf

3052.204-71 Contractor Employee Access (JAN 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 (USCG) (JUN 2006) 3052.223-90 Accident and Fire Reporting (DEC 2003) 3052.228-70 Insurance (DEC 2003) 3052.228-90 Notice of Miller Act Payment Bond Protection (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

I.3 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR 52.204-9) (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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I.4 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(FAR 52.209-9) (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System

(FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.5 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (FAR 52.219-6) (JUN 2003) .

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

I.6 LIMITATIONS ON SUBCONTRACTING (FAR 52.219-14) (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

I.7 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

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

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(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:

Goals for minority participation Goals for female participation for each trade for each trade (All Trades)

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.8 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (FAR 52.223-15) (DEC 2007)

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(a) Definition. As used in this clause— “Energy-efficient product”—

(1) Means a product that—

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s

Federal Energy Management Program.

(2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are—

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless—

(1) The energy-consuming product is not listed in the ENERGY STAR® Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for—

(1) ENERGY STAR® at http://www.energystar.gov/products; and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

I.9 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (SEP 2010)

(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—

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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.