SOLICITATION HSCGG1-12-B-PCGAXF REPL MEDIUM VOLTAGE TRANSFORMERS USCGA.pdf

INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-12-B-PCGAXF

BIDS DUE: 19 JUL 2012 AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: REPLACE MEDIUM VOLTAGE TRANSFORMERS, USCG ACADEMY, NEW LONDON, CT,

PROJECT 4533560.

IMPORTANT - NOTICE TO BIDDERS

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

1. Sign and return TWO COPIES of the SF1442 and Section B.

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

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 with each proposal. For contractors to be able to upload their Reps & Certs to ORCA, they must have an active Central Contractor Registration (CCR) record and a Marketing Partner Identification Number (MPIN).

3. Before mailing your bid, please recheck the following:

(a) Does your offer/bid set forth full, accurate, and complete information as required by this solicitation including attachments and any amendments which may have been issued?

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

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

(d) Have you provided the bid guarantee? A 20% Bid Bond is required.

(e) Bidders offering less than ninety (90) calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

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

1704, letter or e-mail only (Teresa.L.Calabrese@uscg.mil). Bid results will be available on-line at www.fbo.gov/.

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

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

WRITING/FAXED/EMAILED TO THE CONTRACTING OFFICER NO LATER THAN 7 DAYS PRIOR TO THE BID

OPENING DATE. THE FAX NUMBER IS (401)736-1704.

7. THIS SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS (SB) CONCERNS.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

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

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

NOTICE TO BIDDER/OFFEROR

For proper identification and handling of your bid/offer, ENSURE the following information is on the envelope containing your bid/offer or complete and affix the below label on the lower left corner of the envelope.

BID/OFFER

SOLICITATION NO.

HSCGG1-12-B-PCGAXF

DATE FOR RECEIPT OF BID/OFFER

07/19/2012

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

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

Warwick, RI 02886

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-12-B-PCGAXF

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/18/2012

PAGE OF PAGES

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

4. CONTRACT NO..

HSCGG1-12-C-PCGAXF

5. REQUISITION/PURCHASE REQUEST NO.

2112G12PCGAXF

6. PROJECT NO.

4533560

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

Warwick, RI 02886

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

Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

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

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

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

HSCGG1-12-B-PCGAXF, REPLACE MEDIUM VOLTAGE TRANSFORMERS, USCG ACADEMY, NEW LONDON, CT.

Contractor shall provide all material, labor, supervision, transportation, equipment, and disposal necessary to remove and replace existing medium voltage transformers located throughout the Coast Guard Academy. Existing transformers are rated for 4160V on the primary coils. The intent of this project is to replace the existing transformers with dual tapped primary coils rated at 4160V and 13.2KV. There are approximately 11 medium voltage transformers ranging from 150KVA to 1000KVA that are to be replaced. The medium voltage transformers being replaced are either dry type or oil filled, all are radial feed transformers. The oil filled transformers for Chase C Annex contain PCB contaminants and as a result these transformers are to be disposed of as hazardous waste. Contractor will be required to provide 15KV cable from the new transformer to the existing loop switch and provide all materials and labor for connections to new transformers and for transformer secondary terminations. All work shall be accomplished in accordance with the solicitation/contract document terms and conditions, project specifications, project drawings and applicable wage determinations.

CAUTION TO BIDDER: Bidder is urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve the bidder from the responsibility for estimating properly the difficulty or cost of successfully performing the work. SEE SECTION L PARAGRAPH L.11.

BIDDER SHALL INCLUDE ALL FEDERAL, STATE AND LOCAL TAXES. A TAX EXEMPT NUMBER WILL NOT BE

PROVIDED.

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNs, NAICS CODE 238210 Electrical Contractors and Other Wiring Installation Contractors, Size Standard $14 mil

11. The contractor shall begin performance within 10 calendar days and complete the Base Bid within 280 calendar days after receiving [] award, notice to proceed. This performance period is mandatory, negotiable. *(See Section F )

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 07/19/2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. 20% Bid Bond Required

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

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

STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA

53.301-1442 IFB HSCGG1-12-B-PCGAXF Page 2 FEDERAL ACQUISITION REGULATION (FAR) OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

DUNS: ________________________ (BIDDER INSERT)

CODE FACILITY CODE

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

AMOUNTS

Provide Total Lump Sum Bid Price Here $ .

18. The offeror agrees to furnish any required performance and payment bonds

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

2/P/6C/099/00/0/360701/70372/3201

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 51283 27. PAYMENT WILL BE MADE BY

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

Warwick, RI 02886

COMMANDING OFFICER (0324)

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324 For payment inquiries, call: (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by

(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

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

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

(Type or print)

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

G. J. FORTIN

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

IFB HSCGG1-12-B-PCGAXF

Contract HSCGG1-12-C-PCGAXF Page | 3

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A |SOLICITATION/CONTRACT FORM 1

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

X | C |DESCRIPTION/SPECS/WORK STATEMENT_______ 4

X | D |PACKAGING AND MARKING 4

X | E |INSPECTION AND ACCEPTANCE 4 _____

X | F |DELIVERIES OR PERFORMANCE 5______

X | G |CONTRACT ADMINISTRATION DATA 6______

X | H |SPECIAL CONTRACT REQUIREMENTS 7 _

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 9 ____

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 22 __ _

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 23

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

X | M |EVALUATION FACTORS FOR AWARD ___ 30__ _

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

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

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

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Page | 4

PRICING SCHEDULE/SCOPE OF CONSTRUCTION SERVICES:

Contractor shall provide all labor, materials, equipment, supervision and disposal necessary to remove and replace existing medium voltage transformers located throughout the Coast Guard Academy in accordance with project specifications for Replace Medium Voltage Transformers, USCG Academy, Project No. 4533560, drawings CC-1174 (13 sheets), applicable wage determination, and solicitation/contract document terms and conditions.

TOTAL LUMP SUM BID $__________________________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Contractor shall provide all material, labor, supervision, transportation, equipment, and disposal necessary to remove and replace existing medium voltage transformers located throughout the Coast Guard Academy. Existing transformers are rated for 4160V on the primary coils. The intent of this project is to replace the existing transformers with dual tapped primary coils rated at 4160V and 13.2KV. There are approximately 11 medium voltage transformers ranging from 150KVA to 1000KVA that are to be replaced. The medium voltage transformers being replaced are either dry type or oil filled, all are radial feed transformers. The oil filled transformers for Chase C Annex contain PCB contaminants and as a result these transformers are to be disposed of as hazardous waste. Contractor will be required to provide 15KV cable from the new transformer to the existing loop switch and provide all materials and labor for connections to new transformers and for transformer secondary terminations. All work shall be performed in accordance with project specifications for Replace Medium Voltage Transformers, USCG Academy, Project No. 4533560, drawings CC-1174 (13 sheets), applicable wage determination, and solicitation/contract document terms and conditions.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

Page | 5

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

SECTION F

DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than Two Hundred Eighty (280) calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

Page | 6

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, "Prompt Payment for Construction Contracts." Payments will not be made more frequently than once per month.

(b) Each invoice shall contain the following information:

(1) Contract and Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is:

CEU-PROV

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contract Specialist and/or COR at the addresses cited below:

Teresa.L.Calabrese@uscg.mil Rachel.D.Stonecypher@uscg.mil

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

Page | 7

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm.

G.2 CONTRACT ADMINISTRATION

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

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

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

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

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

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

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

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

Page | 8 unacceptable to the Government;

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

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

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

H.3 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5) (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require sub-contractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.4 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage Accident Per Person Per Accident Property

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

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

Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et seq will be required when a specific project involves operations in or on piers or waterways. All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included.

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

H.5 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract

Page | 9 in accordance with FAR Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award.

Completing this form creates no contractual relationship between the subcontractor and the Government.

H.6 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (HSAR 3052.228-90) (DEC 2003)

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

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

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

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

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

SECTION I

CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:http://www.arnet.gov/far

52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.204-4 Printing or Copied Double-Sided on Post Consumer Fiber Content Paper MAY 2011 52.204-7 Central Contractor Registration FEB 2012 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FEB 2012 52.209-6 Protecting the Government's Interest when Subcontracting With Contractors DEC 2010 Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. MAY 2012 52.214-26 Audits and Records – Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications – AUG 2011 Sealed Bidding 52.214-28 Subcontract Certified Cost or Pricing Data – Modifications – Sealed Bidding OCT 2010

Page | 10

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-28 Post-Award Small Business Program Representation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation JUL 2005 52.222-6 Davis-Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination - Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action for Workers with Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-2 Affirmative Procurement of Bio-based Products under Service and MAY 2012 Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data, Alt I (July 1995) JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and MAY 2008 Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Texting While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-4 Patent Indemnity - Construction Contracts DEC 2007 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-3 Federal, State, and Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-23 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 52.233-1 Disputes (Alternate I) (Dec 1991) JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and APR 1984

Page | 11

Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 w/Alternate II: One set of As-Built Drawings Required 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-6 Change Order Accounting APR 1984 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering - Construction OCT 2010 52.249-2 Termination for Convenience of the Government APR 2012 (Fixed-Price) - Alt I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR, CHAPTER 30,

CLAUSES BY REFERENCE)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address:

http://www.dhs.gov/xlibrary/assets/opnbiz/HSAR.pdf

3052.204-71 Contractor Employee Access (JUN 2006) 3052.211-70 Index for Specifications (DEC 2003) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) 3052.223-90 Accident and Fire Reporting (DEC 2003) 3052.228-70 Insurance (DEC 2003) 3052.228-90 Notice of Miller Act Payment Bond Protection (DEC 2003) 3052.242-71 Dissemination of Contract Information (DEC 2003) 3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

I.2 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Page | 12

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

Page | 13

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

I.3 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND

PERMITS (HSAR 3052.223-70) (JUNE 2006)

The Contractor shall have all licenses and permits required by Federal, state and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 calendar days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the

I.4 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR 52.204-9) (JAN 2011)

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

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

(1) When no longer needed for contract performance.

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

(3) Upon contract completion or termination.

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

Page | 14

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

I.5 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(FAR 52.209-9) (FEB 2012)

(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 via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also 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) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) 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.

(End of clause)

I.6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (FAR 52.219-6) (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

Page | 15

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

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

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

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

(End of clause)

I.7 LIMITATIONS ON SUBCONTRACTING…