IFB BSU Boston Waterfront Repair Solicitation.pdf

INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-11-B-PRV090

BIDS DUE: 09 AUGUST 2011 AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: WATERFRONT REPAIRS AT BSU BOSTON (PSN 2255035) BOSTON, MASSACHUSETTS

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. Complete annual Representations and Certifications (Reps & Certs) electronically via the Business Partner Network (BPN) Online

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

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

4. 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 ninety (90) calendar days acceptance time WILL NOT BE considered and WILL BE rejected. (Refer to FAR Clause 52.232-18, Availability of Funds)

5. For general information contact David Mark at (401)736-1763. Requests for interpretations shall be by fax (401) 736-1704, letter or e-mail only (David.Mark@uscg.mil). Bid results will be available on-line at www.fbo.gov/.

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

7. 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.

8. This Solicitation is 100% SET-ASIDE for Small Business (SB) concerns.

http://orca.bpn.gov/ http://www.fbo.gov/

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-PRV090

DATE FOR RECEIPT OF BID/OFFER

08/09/2011

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

Contract Specialist Attn: David Mark USCG CEU Providence 300 Metro Center Blvd.

Warwick, RI 02886

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-11-B-PRV090

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/08/2011

PAGE OF PAGES

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

4. CONTRACT NO..

5. REQUISITION/PURCHASE REQUEST NO.

2111G11PRV090

6. PROJECT NO.

2255035

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

Mr. David Mark B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

401-736-1763 / David.Mark@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):

US COAST GUARD BSU BOSTON WATERFRONT REPAIRS

Work consists of providing all labor, material, equipment, transportation, disposal, and supervision necessary for repairing and recoating a steel sheet pile bulkhead located under an existing pier, repairing the timber fender system on an existing pier and recoating steel piles under the pier, repairing two piles supporting an existing wharf, and incidental related work, including obtaining a Boston Conservation Commission Order of Conditions for the work. All work will be performed at the U.S. Coast Guard, Base Support Unit (BSU) Boston in Boston, MA. All work shall be accomplished in accordance with contract terms and conditions, Specifications for Project 2255035, Drawing P2255035 (16 sheets), 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 IS 237990 (Size Standard is $33.5 million).

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 365 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 08/09/2011 (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 90 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-PRV128 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/101/137/43/0/RV/52120/2545

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 (6jb) 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)

GERALD J. FORTIN

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

IFB HSCGG1-11-B-PRV090

Contract HSCGG1-11-C-PRV090 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 4

X | E |INSPECTION AND ACCEPTANCE 4-5 ___

X | F |DELIVERIES OR PERFORMANCE 5____

X | G |CONTRACT ADMINISTRATION DATA 5-6____

X | H |SPECIAL CONTRACT REQUIREMENTS 6-8 _

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 8-15___

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 15_ _

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 16-18

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 18-21_

X | M |EVALUATION FACTORS FOR AWARD ___ 21-22__

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 $500,000 and $1,000,000.

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 for repairing and recoating a steel sheet pile bulkhead located under an existing pier, repairing the timber fender system on an existing pier and recoating steel piles under the pier, repairing two piles supporting an existing wharf, and incidental related work, including obtaining a Boston Conservation Commission Order of Conditions for the work. All work will be performed at the U.S. Coast Guard, Base Support Unit (BSU) Boston in Boston, MA. All work shall be accomplished in accordance with contract terms and conditions, Specifications for Project 2255035, Drawing P2255035 (16 sheets), and applicable Davis-Bacon Wage Decision incorporated herein.

Waterfront Repairs at BSU Boston: Provide all labor, material, equipment, transportation, disposal, and supervision necessary to perform all work described in Paragraph B.1 above.

TOTAL LUMP SUM BID PRICE: $_______________________________

NOTE:

The Contractor shall provide a complete and detailed cost breakdown including, but not limited to: labor, materials, equipment, overhead and profit for all line items.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Contractor shall furnish all labor, material, equipment, transportation, disposal, and supervision necessary for repairing and recoating a steel sheet pile bulkhead located under an existing pier, repairing the timber fender system on an existing pier and recoating steel piles under the pier, repairing two piles supporting an existing wharf, and incidental related work, including obtaining a Boston Conservation Commission Order of Conditions for the work. All work will be performed at the U.S. Coast Guard, Base Support Unit (BSU) Boston in Boston, MA.

All work shall be accomplished in accordance with contract terms and conditions, Specifications for Project 2255035, Drawing P2255035 (16 sheets), and applicable Davis-Bacon Wage Decision incorporated herein.

SECTION D

PACKAGING AND MARKING

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;

Page | 5

(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

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 365 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:

Page | 6

(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: Mr. David Mark 300 Metro Center Blvd.

Warwick, RI 02886 Phone: (401)736-1763 Fax: (401) 736-1704 Email: David.Mark@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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.

mailto:David.Mark@uscg.mil

Page | 7

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 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.5 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.6 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

Page | 8 contract.

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

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

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

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: https://www.acquisition.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 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.219-6 Notice of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations on Subcontracting DEC 1996 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 https://www.acquisition.gov/far/

Page | 9

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 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons FEB 2009 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 Contractor Policy to Ban Text Messaging While Driving SEP 2010 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 52.228-15 Performance and Payment Bonds – Construction OCT 2010 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 52.243-4 Changes JUN 2007

Page | 10

52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Items DEC 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

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://farsite.hill.af.mil/VFHSARA.HTM

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

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

I.2 CONTRACTOR EMPLOYEE ACCESS (HSAR 3052.204-71) (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

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

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

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

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

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

http://farsite.hill.af.mil/VFHSARA.HTM

Page | 11

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

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

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

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

I.3 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.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 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:

Goals for minority participation Goals for female participation http://www.ccr.gov/

Page | 12 for each trade for each trade (All Trades)

4.0 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 Boston, Massachusetts.

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.6 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 https://www.acquisition.gov/far/current/html/Subpart 2_1.html#wp1145508 http://uscode.house.gov/

Page | 13 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.

(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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[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.

http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart 12_5.html#wp1077123

Page | 14

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty…