CONTRACT100KmoreIFB windows and sidiing replacement.doc

IFB DTCGG1-01-B-3WK122

USCG PENNFIELD REEF LIGHT REPAIRS

LONG ISLAND SOUND, FAIRFIELD, CT

INVITATION FOR BID

SOLICITATION NUMBER: IFB HSCGG1-12-B-PRV001

BIDS DUE: DECEMBER 29, AT 2:00 P.M. LOCAL TIME, WARWICK, RHODE ISLAND

FOR: WINDOW AND SIDING REPLACEMENT AT U.S. COAST GUARD SECTOR FIELD OFFICE MORICHES – WESTHAMPTON BEACH HOUSING, WESTHAMPTON BEACH, NEW YORK

IMPORTANT - NOTICE TO BIDDERS

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

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

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

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

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

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

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

(d) Have you provided the bid guarantee? A 20% Bid Bond is required, See Page 7.

(e) Bidders offering less than sixty (60) calendar days acceptance time WILL NOT BE considered and WILL BE rejected.

(f) Technical questions regarding specifications and/or drawings or requests for general information contact Mattie Walker at (401)736-1721. Requests for interpretations shall be by fax (401)736-1704, letter or e-mail only (Mattie.Walker@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.

SUBJECT TO THE AVAILABILITY OF FUNDS

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-PRV001

DATE FOR RECEIPT OF BID/OFFER

12/29/11

TIME OF RECEIPT OF BID/OFFER

2:00 P.M.

OFFICE DESIGNATED TO RECEIVE BID/OFFER

Contract Specialist Attn: Mattie Walker USCG CEU Providence

300 Metro Center Blvd.

Warwick, RI 02886

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSCGG1-12B-PRV001

2. tYPE OF SOLICITATION

FORMCHECKBOX

sealed bid (ifb)

FORMCHECKBOX

negotiated (rfp)

3. DATE ISSUED

11/29/11

PAGE OF PAGES

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

4. contract nO..

5. requisition/purchase request no.

2112G11PRV001

6. project no.

01P0263

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. Mattie Walker b telephone no. (Include area code) (no collect calls) 401-736-1721 / mattie.walker@uscg.mil

SOLICITATION

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

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

US COAST GUARD SECTOR FIELD OFFICE MORICHES – WESTHAMPTON BEACH HOUSING WINDOW AND SIDING REPLACEMENT Work consists of replacement of windows and siding at twelve (12) existing residential structures. The subject two-family homes include single story and two story buildings and incidental related work at USCG Housing, Westhampton Beach Housing, Westhampton, NY. The work includes providing all labor, material, equipment, transportation, disposal and supervision necessary to remove the existing siding and the existing windows are to be completely removed. New debris-resistant, Energy Star rated windows are to be provided and installed. The new units are to be complete window systems including all sashes, frames, glazing, flashing, and mounting clips, hardware, and accessories. All existing interior finishes are to be patched, where disturbed and refinished to match the adjacent surfaces. New exterior siding and synthetic trim are to be furnished and installed. Existing building features scheduled to remain are to be removed as necessary, protected, and reinstalled.

All work shall be accomplished in accordance with contract terms and conditions, Specifications for Project 01-P02623, Drawing 01-P02623 (5 sheets), and applicable wage determinations.

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

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

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

NAICS CODE IS 237990 (Size Standard is $18.5 million)6118 (Size Standard is $33.5M)

11. The contractor shall begin performance within 10 calendar days and complete work within 210 calendar days after receiving

[] award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX 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.)

FORMCHECKBOX

YES FORMCHECKBOX

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 12/29/11). 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 FORMCHECKBOX is, FORMCHECKBOX 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-PRV001 Page 2

FEDERAL ACQUISITION REGULATION

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)

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.)

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/201/137/43/0/RV/37500/2540

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. Other than full and open competition pursuant to

FORMCHECKBOX

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

Contracting Officer

USCG CEU Providence

Attn: Mattie Walker 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

FORMCHECKBOX

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.

FORMCHECKBOX

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)

TERESA CALABRESE

30b. signature

30C. DATE

31b. united states of america by 31c. award date

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

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

PART I - THE SCHEDULE

X | A

|SOLICITATION/CONTRACT FORM

1-3

| B

|SUPPLIES OR SERVICES AND PRICES/COSTS _

4_____ X | C

|DESCRIPTION/SPECS/WORK STATEMENT_______

| D

|PACKAGING AND MARKING

| E

|INSPECTION AND ACCEPTANCE

5 _____

X | F

|DELIVERIES OR PERFORMANCE

6______

X | G

|CONTRACT ADMINISTRATION DATA

6______ X | H

|SPECIAL CONTRACT REQUIREMENTS

7-8 _

PART II - CONTRACT CLAUSES

| I

|CONTRACT CLAUSES

9-17____

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

| J

|LIST OF ATTACHMENTS

18__ _

PART IV - REPRESENTATIONS AND INSTRUCTIONS

|REPRESENTATIONS, CERTIFICATIONS AND OTHER

| K

|STATEMENTS OF OFFERORS

| L

|INST., CONDITIONS, AND NOTICES TO OFFERORS

20-22_

X | M

|EVALUATION FACTORS FOR AWARD

___ 26___ A.1 Construction Cost Estimate: For purposes of disclosing the size of this construction project, offerors are advised that the total value is estimated between $500,000 and $1,000,000.

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

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

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. SCOPE OF CONSTRUCTION SERVICES: Contractor shall furnish all labor, material, equipment, transportation, disposal, and supervision necessary for the replacement of windows and siding at twelve (12) existing residential structures.

The work includes providing all labor, material, equipment, transportation, disposal and supervision necessary to remove the existing siding and the existing windows are to be completely removed. New debris-resistant, Energy Star rated windows are to be provided and installed. The new units are to be complete window systems including all sashes, frames, glazing, flashing, and mounting clips, hardware, and accessories. All existing interior finishes are to be patched, where disturbed and refinished to match the adjacent surfaces. New exterior siding and synthetic trim are to be furnished and installed. Existing building features scheduled to remain are to be removed as necessary, protected, and reinstalled.

TOTAL BID PRICE:

NOTE:

The Contractor shall provide a complete and detailed cost breakdown including, but not limited to: labor, materials, equipment, overhead and profit for all line items. See paragraph L.9 for proposal submission requirements.

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Contractor shall furnish all labor, material, equipment, transportation, disposal and supervision necessary for removal of existing siding and the existing windows are to be completely removed and replaced with New debris-resistant, Energy Star rated windows. The new units are to be complete window systems including all sashes, frames, glazing, flashing, and mounting clips, hardware, and accessories.

All work shall be accomplished in accordance with contract terms and conditions, the specification for Window and Siding Replacement (PSN 01P02623), drawing no. P01P02623 (5 sheets) and applicable Davis-Bacon Wage Decision incorporated herein.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

SECTION F

DELIVERIES OR PERFORMANCE

F.1

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

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the work ready for use not later than 210 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1

INVOICING REQUIREMENTS (FIRM FIXED-PRICE)

(a) Invoices shall be prepared and submitted in accordance with the provisions of FAR clause 52.232-27, "Prompt Payment for Construction Contracts."

(b) Invoices, in original and one copy, shall be submitted to the address in G.2 below.

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

(d) Invoices must identify the complete contract number, the contractor’s name and address, the contractor's tax identification number, and the contractor’s DUNS number.

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

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

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

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

G.2

CONTRACT ADMINISTRATION

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

Contracting Officer USCG, CEU Providence

Attn: Ms. Mattie Walker 300 Metro Center Blvd.

Warwick, RI 02886

Phone: (401)736-1721 Fax: (401) 736-1704

Email: mattie.walker@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

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

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

H.2

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

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

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

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

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

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

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 contract.

H.5 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with FAR Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

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

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

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

JUL 2004

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government

SEP 2006

52.203-7 Anti-Kickback Procedures

OCT 2010

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

JAN 1997

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

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.204-4 Printing or Copied Double-Sided on Recycled Paper

MAY2011

52.204-7 Central Contractor Registration

APR 2008

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

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

JUL 2010

52.209-6 Protecting the Government's Interest when Subcontracting With Contractors DEC 2010 Debarred, Suspended, or Proposed for Debarment

52.214-26 Audits and Records – Sealed Bidding

OCT 2010

52.214-29 Order of Precedence-Sealed Bidding

JAN 1986

52.219-6 Notice of Total Small Business Set-Aside

NOV 2011

52.219-8 Utilization of Small Business Concerns

JAN 2011

52.219-14 Limitations on Subcontracting

NOV 2011

52.219-28 Post-Award Small Business Program Representation

APR 2009

52.222-3 Convict Labor

JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation

JUL 2005

52.222-6 Davis-Bacon Act

JUL 2005

52.222-7 Withholding of Funds

FEB 1988

52.222-8 Payrolls and Basic Records

JUN 2010

52.222-9 Apprentices and Trainees

JUL 2005

52.222-10 Compliance with Copeland Act Requirements

FEB 1988

52.222-11 Subcontracts (Labor Standards)

JUL 2005

52.222-12 Contract Termination - Debarment

FEB 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations

FEB 1988

52.222-14 Disputes Concerning Labor Standards

FEB 1988

52.222-15 Certification of Eligibility

FEB 1988

52.222-21 Prohibition of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction

FEB 1999`

52.222-35 Equal Opportunity for Veterans

SEP 2010

52.222-36 Affirmative Action for Workers with Disabilities

OCT 2010

52.222-37 Employment Reports on Veterans

SEP 2010

52.222-38 Compliance with Veterans’ Employment Reporting Requirements

SEP 2010

52.222-40 Notification of Employee Rights under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons

FEB 2009

52.222-54 Employment Eligibility Verification

JAN 2009

52.223-2 Affirmative Procurement of Bio-based Products under Service and

DEC 2007

Construction Contracts

52.223-3 Hazardous Material Identification and Material Safety Data, Alt I (July 1995)

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

MAY 2011

52.223-6 Drug-Free Workplace

MAY 2001

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

MAY 2008

Construction Contracts

52.223-18 Contractor Policy to Ban Text Messaging While Driving

AUG 2011

52.225-10 Notice Of Buy American Act Requirement Construction Materials

FEB 2009--

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

52.229-3 Federal, State, and Local Taxes

APR 2003

52.232-5 Payments under Fixed-Price Construction Contracts

SEP 2002

52.232-17 Interest

OCT 2010

52.232-18 Availability of Funds

APR 1984

52.232-23 Assignment of Claims

JAN 1986

52.232-27 Prompt Payment for Construction Contracts

OCT 2008

Insert “30 Days” in para. (a)(1)(i)(A)

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

OCT 2003

52.233-1 Disputes (Alternate I) (Dec 1991)

JUL 2002

52.233-3 Protest After Award

AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

52.236-2 Differing Site Conditions

APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work

APR 1984

52.236-5 Material and Workmanship

APR 1984

52.236-6 Superintendence by the Contractor

APR 1984

52.236-7 Permits and Responsibilities

NOV 1991

52.236-8 Other Contracts

APR 1984

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

APR 1984

Improvements

52.236-10 Operations and Storage Areas

APR 1984

52.236-11 Use and Possession Prior to Completion

APR 1984

52.236-12 Cleaning Up

APR 1984

52.236-13 Accident Prevention

NOV 1991

52.236-14 Availability and Use of Utility Services

APR ᦄ

52.236-15 Schedules for Construction Contracts

APR 1984

52.236-17 Layout of Work

APR 1984

52.236-21 Specifications and Drawings for Construction

FEB 1997

w/Alternate II: One set of As-Built Drawings Required

52.236-26 Preconstruction Conference

FEB 1995

52.242-13 Bankruptcy

JUL 1995

52.242-14 Suspension of Work

APR 1984

52.243-6 Change Order Accounting

APR 1984

52.245-4 Government Property

AUG 2010

52.246-21 Warranty of Construction

MAR 1994

52.248-3 Value Engineering - Construction

OCT 2010

52.249-2 Termination for Convenience of the Government

MAY 2004

(Fixed-Price) - Alt I (SEP 1996)

52.249-10 Default (Fixed-Price Construction)

APR 1984

52.253-1 Computer Generated Forms

JAN 1991

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR, CHAPTER 30, CLAUSES BY REFERENCE) This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/HSAR.pdf

3052.204-71 Contractor Employee Access (JAN 2006)

3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

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

3052.222-90 Local Hire (USCG) (JUN 2006)

3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70

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

3052.242-72.1 Contracting Officer's Technical Representative (DEC 2003).

I.2 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND

PERMITS (HSAR 3052.223-70) (JUNE 2006)

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

I.3 Updates of Publicly Available Information Regarding Responsibility Matters

(FAR 52.209-9) (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

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

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

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

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

I.4 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation

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

9.5

6.9 These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geo-graphical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4, shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and,

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Suffolk County, New York. NOTE: The district OFCCP office with cognizance over this covered area is:

Regional Director for OFCCP/ESA

U.S. Dept. of Labor

201 Varick Street

New York, NY 10014

I.5 BUY AMERICAN ACT- CONSTRUCTION MATERIALS (FAR 52.225-9) (SEP 2010)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means—

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

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

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1:

Domestic construction material

[List name, address, telephone number, 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.6 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (FAR 52.228-15) (OCT 2010)

(a) Definitions. As used in this clause—

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.8 CHANGES (FAR 52.243-4) (JUN 2007)

(a) The Contracting Officer may, at any time, without…