IFB_HSCGG1-13-B-PRV258.pdf

INVITATION FOR BID

SOLICITATION NUMBER: HSCGG1-13-B-PRV258

ISSUED: 19 July 2013

QUESTIONS DUE: 9 AUG 2013 AT 2:00 PM LOCAL TIME, WARWICK, RI

BIDS DUE: 20 AUG 2013 AT 2:00 PM LOCAL TIME, WARWICK, RI

FOR: Electrical Distribution System Repairs at USCG Station Fire Island

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 28)

a) See Section L for instructions

b) Sign and return ONE copy of the entire solicitation form (in particular, see SF 1442, section B and section K)

c) Include a detailed breakdown of the offered price with your bid

2. Before submitting your bid, please recheck the following:

a) Does your bid set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

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

c) Have you completed and signed all required documents?

d) Have you included the bid guarantee? A 20% bid guarantee is required.

3. Bidders offering less than 90 calendar days acceptance time WILL NOT BE considered and WILL BE rejected

4. Submit any QUESTIONS to Mattie Walker and Jean Bretz via email at Mattie.Walker@uscg.mil and Jean.M.Bretz@uscg.mil

5. Telegraphic, telephonic, or facsimile bids will not be accepted

6. Bid results will be available on-line at www.fbo.gov

7. This solicitation is a total small business set-aside, per FAR Part 19.

8. This solicitation is a local area set-aside pursuant to FAR Part 26. See FAR 52.226-4 and 52.226-5 in Section I, and complete FAR 52.226-3 in Section K.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman.

The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103.

If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

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

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

Solicitation HSCGG1-13-B-PRV258

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 5

| D | PACKAGING AND MARKING 5

X | E | INSPECTION AND ACCEPTANCE 5

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 10

PART III - LIST OF DOCUMENTS, EXHIBITS AND

OTHER ATTACHMENTS

X | J |LIST OF ATTACHMENTS 20

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 20

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 25

X | M |EVALUATION FACTORS FOR AWARD 28

SECTION A

SOLICITATION/CONTRACT FORM

A.1 The estimated magnitude of this project is between $500,000 and $1,000,000.

A.2 Performance and Payment bonds will be required for 100% of the total award amount A.3 The NAICS code for this project is 237130 – Power and Communication Line Construction A.4 SF 1442 follows

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

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

11. The contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

HSCGG1-13B-PRV258

HSCGG1-13-C-PRV258

U.S. Coast Guard Civil Engineering Unit - Providence 475 Kilvert Street, Suite 100 Warwick, RI 02886

ELECTRICAL DISTRIBUTION SYSTEM REPAIRS, USCG STATION FIRE ISLAND, BABYLON, NY (SUFFOLK COUNTY)

The Contractor shall provide all labor, material, equipment, supervision, transportation and disposal necessary to complete Electrical Distribution System Repairs in strict accordance with the Specifications and Drawings for PSN 4599471, as well as all contract terms and conditions, and applicable wage rates as incorporated herein (including all amendments, if any).

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 for site visit information. This solicitation will result in an award being made on a firm-fixed price basis.

Bidder shall include all federal, state and local taxes. A tax exempt number/certificate will not be provided.

U.S. Coast Guard Civil Engineering Unit - Providence 475 Kilvert Street, Suite 100 Warwick, RI 02886

2413G13PRV258

G1

Mattie Walker 401.736.1721

4599471MC

1 2807/19/2013

08/20/2013 within 10

2:00 PM

section F

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated 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 incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

20b. SIGNATURE 20c. OFFER DATE

2 P 301 137 43 0 RV 79861 2545

section G 5 - 8(a)

G1 see block 8 Commanding Officer (0324), USCG Finance Center

1430A Kristina Way, Chesapeake, VA 23326-0324

Jean M. Bretz

Base Bid Line Item : $____________________ Optional Line Item: $____________________

TOTAL LUMP SUM BID PRICE: $___________________

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK: The Contractor shall provide all labor, material, equipment, supervision, transportation and disposal necessary to complete Electrical Distribution System Repairs at USCG Station Fire Island, Babylon, NY in strict accordance with the Specifications and Drawings for PSN 4599471 provided with this solicitation, as well as all contract terms and conditions, and applicable wage rates as incorporated herein (including all amendments, if any).

ITEM 0001 – BASE WORK

This work includes the installation of approximately 4500 feet of 15KV direct burial cable with HDPE conduit between the utility-owned substation and the USCG Station, and related work as identified herein.

BASE PRICE: $___________________

ITEM 0002 – OPTIONAL BID ITEM

This work includes the replacement of three 167KVA dry-type distribution transformers for the CG housing on the Station.

OPTION BID PRICE: $___________________

TOTAL LUMP SUM PRICE: $___________________

(Includes Items 0001 & 0002)

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be accomplished in accordance with Section B, contract terms and conditions, as well as the documents listed in Section J.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

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

SECTION F

DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

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

**Note: If the optional bid item is exercised at time of award, no additional performance time beyond the 90 days will be given. If the optional bid item is exercised at a later time during the performance period, an additional 30 calendar days will be given to complete performance of the optional bid item.

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

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.

Payment 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 is:

CEUPROV (from FinCen website; no hyphen)

(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, Inspector and/or COR (CPM) at the addresses cited below:

Mattie.Walker@uscg.mil Jean.m.Bretz@uscg.mil Donald.G.Wulff@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

(iii) 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;

(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 Contract Specialist, 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 Contract Specialist at:

USCG, CEU Providence Attn: Ms. Mattie Walker 475 Kilvert Street, Suite 100 Warwick, RI 02886 401.736.1721 Mattie.Walker@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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 subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

H.2 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.3 SUBCONTRACT DATA

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

H.4 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG)

(HSAR 3052.228-90) (DEC 2003)

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

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime

Contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

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

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

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

H.5 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer.

The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests, for changes to the contract (other than corrective), shall be considered by the Government only if they meet all of the following conditions:

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

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

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.6 PRICING OF ADJUSTMENTS

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

SECTION I

CONTRACT CLAUSES

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

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

http://www.acquisition.gov/comp/far/index.html

52.202-1 Definitions ...................................................................................................... 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 Government ....................................... SEP 2006 52.203-7 Anti-Kickback Procedures ..............................................................................OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity ...................................................................................... JAN 1997 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity .............................. JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions ...............OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content ............... MAY 2011 Paper 52.204-7 Central Contractor Registration ......................................................................DEC 2012 52.204-9 Personal Identity Verification of Contractor Personnel .................................. JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards ....... JUN 2013 52.204-13 Central Contractor Registration Maintenance ................................................DEC 2012 52.209-6 Protecting the Government's Interest when Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment ....................DEC 2010 52.214-26 Audit and Records – Sealed Bidding ..............................................................OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data – Modifications – Sealed Bidding..................................................................... AUG 2011 52.214-28 Subcontract Certified Cost or Pricing Data – Modifications – Sealed Bidding ............................................................................................................OCT 2010 52.217-7 Option for Increased Quantity – Separately Priced Line Item……………..MAR 1989 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 Limitation on Subcontracting ........................................................................ NOV 2011 52.219-28 Post-Award Small Business Program Re-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 ............................................................... JUL 2012 52.223-2 Affirmative Procurement of Bio-based Products Under Service & Construction Contracts ..................................................................................... JUL 2012 52.223-3 Hazardous Material Identification and Material Safety Data………….……JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information ................................. MAY 2011 52.223-6 Drug-Free Workplace ................................................................................... MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts .................................................................................. MAY 2008 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving ..... AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases ..................................................... JUN 2008 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area……..NOV 2007 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 52.228-1 Bid Guarantee .................................................................................................. SEP 1996 52.228-2 Additional Bond Security ...............................................................................OCT 1997 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 52.228-15 Performance & Payment Bonds – Construction .............................................OCT 2010 52.229-3 Federal, State, and Local Taxes ...................................................................... FEB 2013 52.232-5 Payment 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 ..................................................OCT 2008 (a)(1)(i)(A) 30 Days

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration .....................................................................................................OCT 2003 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes (Alt I - DEC 1991) ............................................................................ JUL 2002 52.233-3 Protest After Award ....................................................................................... AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim ...............................................OCT 2004 52.236-2 Differing Site Conditions ................................................................................ APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work ................................... APR 1984 52.236-5 Material and Workmanship............................................................................. APR 1984 52.236-6 Superintendence by the Contractor ................................................................. APR 1984 52.236-7 Permits and Responsibilities .......................................................................... NOV 1991 52.236-8 Other Contracts ............................................................................................... APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements .......................................................................................... APR 1984 52.236-10 Operations and Storage Areas ......................................................................... APR 1984 52.236-11 Use and Possession Prior to Completion ........................................................ APR 1984 52.236-12 Cleaning Up .................................................................................................... APR 1984 52.236-13 Accident Prevention ....................................................................................... NOV 1991 52.236-14 Availability and Use of Utility Services ......................................................... APR 1984 52.236-15 Schedules for Construction Contracts ............................................................. APR 1984 52.236-17 Layout of Work ............................................................................................... APR 1984 52.236-21 Specifications and Drawings for Construction ............................................... FEB 1997 52.236-26 Pre-construction Conference ........................................................................... FEB 1995 52.242-13 Bankruptcy ....................................................................................................... JUL 1995 52.243-4 Changes ........................................................................................................... JUN 2007 52.243-6 Change Order Accounting .............................................................................. APR 1984 52.243-7 Notification of Changes .................................................................................. APR 1984 52.244-6 Subcontracts for Commercial Items ................................................................DEC 2010 52.246-21 Warranty of Construction ............................................................................. MAR 1994 52.248-3 Value Engineering - Construction ..................................................................OCT 2010 52.249-2 Termination for Convenience of the Government (Fixed Price) .................... APR 2012

ALT I – SEP 1996

52.249-10 Default (Fixed-Price Construction) ................................................................. APR 1984 52-253-1 Computer Generated Forms ............................................................................ JAN 1991

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

3052.205-70 Advertisements, Publicizing Awards, and Releases ........................................ SEP 2012 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 3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses Permits within 30 days of award ..................................................................... JUN 2006 3052.223-90 Accident & Fire Reporting ..............................................................................DEC 2003 3052.228-70 Insurance .........................................................................................................DEC 2003 3052.228-90 Notification of Miller Act Payment Bond Protection .....................................DEC 2003

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

I.2 CLAUSES INCORPORATED IN FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION FEB 2012

REGARDING RESPONSIBILITY MATTERS

(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 consist 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.

52.222-30 DAVIS-BACON ACT—PRICE ADJUSTMENT (NONE OR DEC 2001

SEPARATELY SPECIFIED METHOD)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour

Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of--

(1) Incorporation of the Department of Labor’s wage determination applicable at the exercise of the option to extend the term of the contract.

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS SEP 2010

a(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--

(1) 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

(2) 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 Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.226-4 NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE NOV 2007

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in NY, NJ and CT as follows: NY – Bronx, Greene, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and Westchester counties; NJ – Bergen, Burlington, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, and…