RFP11-R-PRV115.pdf

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: HSCGG1-11-R-PRV115

OFFER DUE: 08 AUGUST 2011 AT 4:00 P. M. LOCAL TIME, BOURNE, MA

FOR: AIRFIELD PAVEMENT REPAIRS U.S. COAST GUARD AIR STATION CAPE COD, BOURNE, MA

IMPORTANT - NOTICE TO OFFEROR/BIDDER

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

(a) Sign and return ONE copy of the solicitation form - Standard Form 1442.

(b) Provide ONE copy of the documentation required by Clause L.12, Submission of Proposal.

(c) 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).

(d) Respond to all requirements of the solicitation and pay special attention to Section M ―Evaluation Factors For

Award.‖

(e) This is a best value procurement.

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

3. Before mailing your offer/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) Offerors offering less than Sixty (60) calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

4. Have you remembered your bid guarantee?

5. For general information contact the Contracting Officer, (508) 968-6499 or via Email at Gerald.J.Fortin@uscg.mil.

TECHNICAL QUESTIONS REGARDING SPECIFICATIONS AND/OR DRAWINGS SHOULD BE SUBMITTED IN

WRITING/FAXED TO THE CONTRACTING OFFICER NO LATER THAN 7 DAYS PRIOR TO THE DUE DATE

FOR RECEIPT OF PROPOSAL.

6. TELEGRAPHIC, TELEPHONIC OR FACSIMILE OFFERS ARE NOT AUTHORIZED FOR THIS SOLICITATION.

7. This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE procurement.

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.

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-11-R-PRV115

2. TYPE OF

SOLICITATION

SEALED BID

(IFB)

NEGOTIATED

(RFP)

3. DATE

ISSUED

06 JULY 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. 2411G11PRV115

6. PROJECT NO.

2496932

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USCG Civil Engineering Unit Providence

300 Metro Center Blvd

Warwick, RI 02886

Attn: Jerry Fortin

USCG Civil Engineering Unit Providence

300 Metro Center Blvd

Warwick, RI 02886

Attn: Jerry Fortin

9. FOR

INFORMATION

CALL

A. NAME

Jerry Fortin

B TELEPHONE NO. (Include area code) (NO

COLLECT CALLS) 508-968-6499

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):

RUNWAY PAVEMENT REPAIRS (Phase 4) AT U.S. COAST GUARD AIR STATION CAPE COD, MA. PROPOSALS SHALL

INCLUDE

ALL FEDERAL, STATE, AND LOCAL TAXES. A TAX EXEMPT NUMBER WILL NOT BE ISSUED.

AN ORGANIZED PRE-PROPOSAL MEETING/SITE VISIT HAS BEEN SCHEDULED FOR TUESDAY, 19 July 2011 AT 10:00

AM. THIS WILL BE THE ONLY SITE VISIT. CONTACT MR. BOB BURT AT (508) 968-6647 OR JERRY FORTIN (508) 968-

6499 DURING NORMAL DUTY HOURS. NAICS : 237310

THIS IS A BEST VALUE PROCUREMENT

A BID GUARANTEE IN THE AMOUNT OF 20% IS REQUIRED.

11. The contractor shall begin performance within 10 calendar days and complete it within (See Section F ) calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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 TWO copies to perform the work required are due at the place specified in Item 8 by

__4:00 PM (hour) local time _08 AUGUST 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.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442

RFP HSCGG1-11-R-PRV115 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:

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 OFFER IN THE SPACES PROVIDED IN SECTION B ON PAGE 5 OF THIS RFP

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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 USC 2304(c) ( 5) 41 USC USC 253(c) ( )

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

See Block 7 CO (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 ORIG copies to issuing office.)

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

G. J. FORTIN

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

HSCGG1-11-R-PRV115********************************************************************** 3

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A |SOLICITATION/CONTRACT FORM 3

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

X | C |DESCRIPTION/SPECS/WORK STATEMENT_______ 5

| D |PACKAGING AND MARKING 5________

X | E |INSPECTION AND ACCEPTANCE 5

X | F |DELIVERIES OR PERFORMANCE 5__ ___

X | G |CONTRACT ADMINISTRATION DATA 5 ____

X | H |SPECIAL CONTRACT REQUIREMENTS 6 _ ___

PART II - CONTRACT CLAUSES _______ _

X | I |CONTRACT CLAUSES 8 __ _

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS _______ _

X | J |LIST OF ATTACHMENTS 17 _ __

PART IV - REPRESENTATIONS AND INSTRUCTIONS ________ _

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 14 _ __

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 20 _ _

X | M |EVALUATION FACTORS FOR AWARD __24 _

A.1 The estimated cost of this project ranges between $1,000,000 and $5,000,000.00

A.2 The NAICS number for this project is 237310.

HSCGG1-11-R-PRV115********************************************************************** 4

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK: Contractor shall provide all labor, materials, equipment, transportation, supervision and disposal to provide preventative maintenance to the Portland Cement Concrete (PCC) on various taxiways, including slab replacements, partial depth patching, crack sealing, joint sealing and incidental work.

Bituminous concrete work includes crack seal, seal coat, patching, and overlay. The project also includes construction of access road, parking lot, and sidewalk. Work to be completed at U.S. Coast Guard Air Station

Cape Cod, MA airfield in accordance with the attached scope of services PSN 2496932 (including advisory circular), contract clauses, drawings P2496932 (33 sheets),and wage determination.

BASE ITEM 0001 – TAXIWAY B & E REPAIRS.

001A: Isolated repairs to the concrete pavement on Taxiway B (75 ft by 8,220 ft).

001B: Mill and overlay of the bituminous pavement on Taxiway E (east end of Taxiway E is approximately

100 ft by 490 ft, and the west end of Taxiway E is approximately 75 ft by 460 ft.)

BASE ITEM LUMP SUM PRICE $_____________________

OPTION ITEM 0001A: Isolated repairs to the concrete portion on Taxiway A (75 ft by 6,730 ft).

OPTION ITEM 0001B: Isolated repairs to the bituminous portion on Taxiway A (75 ft by 1,620 ft).

TOTAL OPTION 0001 A&B LUMP SUM PRICE $__________________

OPTION ITEM 0002: Isolated repairs to the bituminous pavement on Taxiway C (80 ft by 8,220 ft).

TOTAL OPTION 0002 LUMP SUM PRICE $_____________________

OPTION ITEM 0003: Isolated repairs to the bituminous portion on Taxiway D (West Delta is approx 200 ft by 1,440 ft, East Delta is approx 100 ft by 410 ft and center portion connecting the two ends is approx 75 ft by 2,550 ft).75 ft by 1,620 ft).

TOTAL OPTION 0003 LUMP SUM PRICE $__________________

OPTION ITEM 0004: Mill and overlay of the bituminous pavement on Taxiway L (north end of Taxiway

L is approximately 100 ft by 420 ft, and the south end of Taxiway L is approximately 75 ft by 380 ft.)

TOTAL OPTION 0004 LUMP SUM PRICE $__________________

OPTION ITEM 0005: Parking Lot and Access Road. Parking lot shall be 20 ft by 40 ft with a sidewalk leading to Building 130. Access road shall be 10 ft wide and approx 1,10 ft long, in order to provide access to bldg 195. All pavement shall be constructed with a bituminous pavement on an aggregate course.

TOTAL OPTION 0005 LUMP SUM PRICE $__________________

HSCGG1-11-R-PRV115********************************************************************** 5

CONCRETE REPAIRS (SF) 300 Square Feet x $____________(unit price per SF) $_____________

(in the event additional concrete repairs are necessary)

TOTAL OF BASE AND ALL OPTION ITEMS: $__________________

(includes base and option items)

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

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

1. Specification for Airfield Pavement Repairs PSN 2496932

2. General Decision Number MA100013 Mod 18 dated 02/18/2011

3. Drawings P2496932 (33 sheets)

4. FAA Advisory Circular 150/5340-1J dtd 04/29/2009

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)

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 150 Days after receipt of construction notice to proceed (including options). The time stated for completion shall include final cleanup of the premises.

F.2 SUSPENSION OF WORK (FAR 52.242-14) (APR 1984)

F.3 VARIATION IN ESTIMATED QUANTITY (FAR 52.211-18) (APR 1984)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ADDRESS TO MAIL PAYMENTS

Bidders desiring payments to be mailed to an address different from the address shown in Block 14, SF 1442, shall insert such address below:

_______________________________(Company Name)

_______________________________(Street Address)

_______________________________(City, County, State, Zip Code)

HSCGG1-11-R-PRV115********************************************************************** 6

G.2 INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of clause 52.232-25, "Prompt

Payments."

(b) Invoices, in original and one copy, shall be submitted to the address in G.3 below.

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

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

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

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

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

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

G.3 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer, U.S. Coast Guard, Civil Engineering Unit

Providence. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contracting Officer at:

USCG, CEU Providence

Contracting

Attn: Jerry Fortin

300 Metro Center Blvd

Warwick, RI 02886

(508) 968-6499

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG) (HSAR 3052.228-

90)(DEC 2003)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

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

Government and any private party.

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

______________________________ (Name)

______________________________ (Street Address)

______________________________ (City, State, Zip Code)

______________________________ (Contact and Telephone No.)

HSCGG1-11-R-PRV115********************************************************************** 7

H.2 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.3 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the

Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage

Accident Per Person Per Accident Property

Comprehensive

General Liability $500,000

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

Workmen's Compensation--As required by Federal and State Law.

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33

USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.4 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the

Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with Clause 52.222-11. A copy of Form SF 1413 will be given to the

Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.5 PRICING OF ADJUSTMENTS

HSCGG1-11-R-PRV115********************************************************************** 8

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other provision of this contract such costs shall be in accordance with the contract cost principles and procedures in Federal Acquisition Regulation Part 31.

(e) In the event 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.6 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 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 20 percent of the bid price.

(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.

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper JAN 1997

Activity

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.204-4 Printing/Copying Double-Sided on Recycled Paper MAY 2011

52.204-7 Central Contractor Registration APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel JAN2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010

52.209-6 Protecting the Government's Interest when Subcontracting With DEC 2010

Contractors Debarred, Suspended, or Proposed for Debarment

52.215-2 Audit and Records--Negotiation OCT 2010

52.219-6 Notice of Total Small Business Set-Aside JUN 2003

52.219-8 Utilization of Small Business Concerns JAN 2011

HSCGG1-11-R-PRV115********************************************************************** 9

52.219-14 Limitation 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

52.222-23 Notice of Requirement For affirmative Action to Ensure FEB 1999

Equal Employment Opportunity for Construction

Minority: 3.6%: Women 6.9%: Barnstable County 52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action for Workers with Disabilities OCT 2010

52.222-37 Employment Reports 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 Biobased Products Under Service & DEC 2007

Construction Contracts

52.223-3 Hazardous Material Identification & Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-15 Energy Efficiency in Energy Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service & 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

52.228-2 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

52.228-15 Performance & 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 (a)(1)(i)(A) 30 Days OCT 2008

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration OCT 2003

HSCGG1-11-R-PRV115********************************************************************** 10

52.233-1 Disputes (Alt 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

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities APR 1984 and Improvements

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Pre-construction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.243-4 Changes JUN 2007

52.243-6 Change Order Accounting APR 1984

52.243-7 Notification of Changes APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010

52.246-21 Warranty of Construction MAR 1994

52.247-64 Preference of Privately -Owned U.S.-Flag Commercial Vessels APR 1984

52.248-3 Value Engineering – Construction OCT 2010

52.249-2 Termination for the Convenience of the Government (Fixed-Price) MAY 2004

ALT I (SEP 1996)

52.249-10 Default( Fixed-Priced Construction) APR 1984

52-253-1 Computer Generated Forms JAN 1991

The following Homeland Security Acquisition Regulation (HSAR) clauses are also incorporated by reference:

3052.211-70, Index for Specifications (Dec 2003)

3052.220-70, Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003)

3052.222-71, Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003)

3052.222-90, Local Hire (Jun 2006)

3052.223-90, Accident & Fire Reporting (Dec 2003)

3052.228-70, Insurance (Dec 2003)

3052.236-70, Special Precautions for Work Being Performed at Airports (Dec 2003)

3052.242-71, Dissemination of Contract Information (Dec 2003)

I.2 SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6)(APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

I.3 MODIFICATION PROPOSALS - PRICE BREAKDOWN

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The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) 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. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

I.4 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (HSAR 3052.242-72) (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

I.5 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with any authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) Not applicable.

I.7 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND

PERMITS (HSAR 3052.223-70) (JUN 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 _20__ days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

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I.8 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA

DESIGNATED PRODUCTS (FAR 52.223-9)(MAY 2008)

(a) Definitions. As used in this clause—

―Postconsumer material‖ means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of ―recovered material.‖

―Recovered material‖ means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

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

(a) Definitions. As used in this clause—

―Commercially available off-the-shelf (COTS) item‖—

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

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

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

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

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

―Component‖ means an article, material, or supply incorporated directly into a construction material.

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

―Cost of components‖ means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

―Domestic construction material‖ means— http://uscode.house.gov/

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(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.

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting

Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.10 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.

http://www.ccr.gov/

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(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.

SECTION J

LIST OF ATTACHMENTS

Specification 2496932

Drawings P2496930 (33 sheets)

General Decision Number MA100013 dtd 02/18/2011

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS ( FAR 52.204.8) (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

(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.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137583 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137684 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137777 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850

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(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 52.223-1, Biobased Product…