RFQ HSCGG1-11-Q-ARB149.doc

PAGE

REQUEST FOR QUOTATIONS

SOLICITATION NUMBER:

HSCGG1-11-Q-ARB149

QUOTE DUE:

AUGUST 26, 2011 BY 4:00 PM LOCAL TIME, WARWICK, RHODE ISLAND

FOR:

EXTEND FLOATING DOCK, USCG BSU BOSTON, BOSTON, MA (SUFFOLK COUNTY)

IMPORTANT - NOTICE TO QUOTERS

1. Please read the entire solicitation and complete the following:

(a) Sign and return ONE copy of the solicitation form - Standard Form 18.

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

(c)

INCLUDE A DETAILED BREAKDOWN OF THE OFFERED PRICE WITH YOUR RESPONSE.

(d) Keep the remaining sections for your records.

2. Before mailing your offer, please recheck the following:

(a) Does your offer set forth full, accurate, and complete information as required by this solicitation?

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

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

(d) Offerors offering less than Ninety (90) calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

3. For general information contact the Contract Specialist at (401) 736-1745 or via email at Laurie.A.Cordeiro@uscg.mil. Requests for interpretations and/or technical questions regarding specifications and/or drawings shall be written and submitted by letter, fax: (401) 736-1704, or via e-mail no later than five (5) days prior to the due date for receipt of quotations.

4. EMAIL RESPONSES AND FACSIMILE OFFERS ARE AUTHORIZED (FAX (401)736-1704, or email.

5. This Solicitation is 100% total small business set-aside.

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.

Previous edition not usable STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ FORMCHECKBOX

IS FORMCHECKBOX

IS NOT A SMALL BUSINESS SET ASIDE

PAGE OF PAGES

1 request no.

HSCGG1-11-Q-ARB149

2. date issued

7/27/2011

3. REQUISITION/PURCHASE REQuest no.

2411231ARB149

4.

cert. for nat. def.

under bdsa reg. 2 and/or dms reg. 1 rating

5a. ISSUED BY

CO, USCG CEU Providence., 300 Metro Center Blvd, Warwick, RI 02886

6. delivery by (Date)

90 calendar days from Notice to Proceed

Procc

FOB DESTINATION FORMCHECKBOX

OTHER (See schedule)

USCG BSU Boston

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

427 Commercial Street

c. STREET ADDRESS

c. CITY

Boston

d. CITY

e. STATE

f. ZIP CODE

d. STATE

MA

e. ZIP CODE

11702

10.

please furnish quotations to the issuing office in block 5a on or before close of business (date)

08/26/2011 4:00 PM

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal required to EXTEND FLOATING DOCK, USCG BSU BOSTON, BOSTON, MA, in accordance with attached Specification No. PSN 4009111, Drawings P4009111

(3 of 3), contract terms and conditions, and applicable wage rates incorporated herein.

*Payrolls and daily reports shall be required.

*Estimated cost range: $25,000 to $100,000

*NAICS CODE: 237990

Proposals shall include all Federal, State, & Local Taxes. A tax exempt number will not be issued.

Please insert your duns no. and fax no. below:

JOB

LUMP SUM

PERCENTAGE

NOTE: Additional provisions and representations FORMCHECKBOX are FORMCHECKBOX are not attached.

a. name of quoter

c. COUNTY

d. city

e. state

f. zip code

c. TITLE (Type or print)

NUMBER

DESCRIPTION/SPECIFICATION/WORK STATEMENT

GENERAL SCOPE OF WORK

ITEM 00001. Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal required to add one dock module to an existing dock All work shall be accomplished in accordance with contract clauses, Specification PSN 4009111, Drawings P400911 (3of 3), and applicable wages as incorporated herein.

EVALUATION FACTORS

AWARD WILL BE BASED ON THE BEST VALUE TO THE GOVERNMENT. (NOTE: PAST PERFORMANCE DATA MUST BE SUBMITTED WITH THE QUOTE IN ORDER TO BE EVALUATED FOR AWARD. IF THE OFFEROR FAILS TO PROVIDE THE REQUESTED INFORMATION WITH ITS OFFER, THE QUOTE WILL BE CONSIDERED UNACCEPTABLE.)

1. Price: Offerors shall provide an itemized price breakdown in sufficient detail to permit a complete analysis of all labor, materials, equipment, transportation, supervision, disposal costs, and overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the contract. An offeror’s price will be evaluated for price reasonableness and realism; to determine if an offeror’s proposed price is realistic for the work to be performed and if it reflects a clear understanding by the offeror of the RFQ requirements.

2. Past Performance: Offerors shall provide evidence (including a point of contact name and telephone number), of having successfully completed a minimum of three projects within the last three years of similar size, scope, and complexity to the subject project. References will be contacted to determine satisfactory performance.

DELIVERIES OR PERFORMANCE

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the contractor receives Notice of Award/Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

CONTRACT ADMINISTRATION

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 below.

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

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

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

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

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

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

CONTRACT ADMINISTRATION

The Contracting Officer, U.S. Coast Guard, Civil Engineering Unit Providence will administer this contract. All matters related to the performance of this contract, and all correspondence, shall be coordinated with the Contracting Officer and be directed to:

U. S. Coast Guard Civil Engineering Unit Providence

Attn: Ms. Laurie Cordeior 300 Metro Center Blvd.

Warwick, RI 02886

(401) 736-1745 Fax (401) 736-1704 E-mail: Laurie.A.Cordeiro@uscg.mil

SPECIAL CONTRACT REQUIREMENTS

ALTERNATIVE PAYMENT PROTECTIONS (52.228-13) (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within _________ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one- year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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 prescribe 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 subcontractors 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.

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 coverage.

Type of Coverage

Accident Per Person Per Accident Property

Comprehensive General Liability $500,000

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

Worker's Compensation--As required by Federal and State Law. Full insurance coverage in accordance with the US 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 five (5) calendar days after award.

SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (SF 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 acknowledgment by the subcontractor that mandatory "flow-down" contract clauses have been included in his contract in accordance with FAR clause 52.222-11, "Subcontracts (Labor Standards)." 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.

WARRANTY

The Contractor and dock manufacturer shall warrant the dock module for a period of three (3) years from date of installation. The contractor shall install the dock in accordance with the dock manufacturer's instructions. The dock module shall be free of defects in materials and workmanship. If within the warranty period the installation, dock and/or materials are found to be defective, the contractor shall repair the defects or replace the dock module. The Coast Guard will provide written notice of such defects within ten (10) days from the date the defects are discovered.

CONTRACT CLAUSES

TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FAR 52.213-4) (MAY 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

52.222-3 Convict Labor (June 2003) (E.O. 11755) 52.222-6 Davis-Bacon Act (July 2005) (40 U.S.C. 276a-276a-7)

52.222-21 Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246).

52.222-50 Combating Trafficking in Persons (Feb 2009) (22 USC 7104(g))

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.233-3 Protest After Award (Aug 1996) (31 U.S.C. 3553)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(2) Listed below are additional clauses that apply:

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)

(Pub. L. 109-282, 31 USC 6101 note) 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010)

52.219-6 Notice of Total Small Business Set-Aside (June 2003)

52.222-1 Notice to the Government of Labor Disputes. (Feb 1997) 52.222-4 Contract Work Hours & Safety Standards Act – Overtime Compensation (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 (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (July 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 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (Dec 2007)

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-6 Drug-Free Workplace (May 2001)

52.223-17 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (May 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

52.232-1 Payments (Apr 1984)

52.232-5 Payments Under fixed-Price Construction Contracts (Sep 2002)

52.232-16 Progress Payments (Aug 2010) Alt I (Mar 2000)

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) (a)(1)(i)(A) “30 days” 52.233-1 Disputes (Jul 2002)

52.233-3 Protest after Award (Aug 1996)

52.242-14 Suspension of Work (Apr 1984)

52.243-5 Changes and Changed Conditions (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Dec 2010) 52.246-21 Warranty of Construction (Mar 1994)

52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

52.222-20 Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

52.222-35 Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

52.222-37 Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more)

52.222-41 Service Contract Act of 1965, As Amended (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands).

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

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

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

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

52.225-1 Buy American Act - Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office used the Central Contractor Registration (CCR) database as its source of EFT information.)

(2) Listed below are additional clauses that may apply:

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (Applies to contracts over $30,000)

52.211-17 Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.215-5 Facsimile Proposals (Oct 1997)

52.219-14 Limitation on Subcontracting (Dec 1996)

52.219-28 Post Award Small Business Program Representation (Apr 2009)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-4 Patent Indemnity - Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-11 Pledges of Assets (Sep 2009)

52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995)

52.228-14 Irrevocable Letter of Credit (Dec 1999)

52.229-3 Federal, State and Local Taxes (Apr 2003)

52.236-2 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 Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984)

52.236-21 Specifications and Drawings for Construction (Feb 1997) w/Alternate I (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy. (July 1995) 52.245-1 Government Property (Aug 2010)

52.245-9 Use and Changes (Aug 2010)

52.247-29 F.o.b. Origin (Feb 2006) Applies to supplies if delivery is f.o.b. origin)

52.247-34 F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination)

(c) FAR 52.252-2, Clauses Incorporated By Reference (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://acquisition.gov/far/index.html The following Homeland Security Acquisition Regulation clauses are also incorporated by reference:

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 (USCG) (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 (COTR) (Dec 2003)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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—

(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:

___________________none_____________________________

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1:

Domestic construction material

[List name, address, telephone number/contact for suppliers surveyed. Attach copy of response or oral summary.]

[Include other applicable supporting information.] [* Include all delivery costs to the construction site.]

Notice of Buy American Act Requirement—Construction Materials (FAR 52.225‑10) (feb 2009)

(a) Definitions.

“Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability.

An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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 information pertaining to the surety that provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 U.S.C. 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 owned for work performed and materials delivery under the prime contract.

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

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

(Name)

(Street Address)

(City, State, Zip Code)

(Contact & Tel. No.)

MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests for changes to the contract (other than corrective) shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the contractor.

(2) The request shall state how the proposed change would be incorporated into the schedule; whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the existing schedule.

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission.

LIST OF ATTACHMENTS

1. PSN 4009111, EXTEND FLOATING DOCK, BSU BOSTON, BOSTON, MA

2. Drawings P4009111 (3 sheets)

3. Wage-Rate General Decision No. MA100013 dtd 07/08/2011

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

ANNUAL REPRESENTATIONS AND CERITIFICATIONS (FAR 52.204-8) (JAN 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 .

(2) The small business size standard is $33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

_X_ (vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of…