HSFE01-12-R-0018.pdf

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85) STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d) NSN 7540-01-155-3212

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

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".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time ____July 10th 2012______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee is, is not required.

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

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

1 40

NOTICE: SET-ASIDE under

HSFE01-12-R-0018

X

06-13-2012

M458566Y

Department of Homeland Security Federal Emergency Management Agency Region I 99 High Street, 6th Floor Boston MA 02110

Carol H. Domingue

This is a solicitation for a construction acquisition for the installation of a fire suppression system in a server room in FEMA's Federal Regional Center in Maynard, MA. See Section C for details.

One Firm Fixed Price award will result from this solicitation.

The estimated magnitude of construction is between $25,000 and $100,000.

This is a small business set aside. NAICS CODE is 238220, size standard - $14 mil.

Wage Determination Decision Number: MA120001 dated 4/20/2012 applies to this solicitation.

Period of Performance is 30 calendar days from contract award.

ten (10) 60

X 52.211-10

0 9:00 AM EST

X

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

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

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

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.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(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.)

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

X 5

Department of Homeland Security Federal Emergency Management Agency Region I 99 High Street, 6th Floor Boston MA 02110

Federal Emergency Management Agency/FCC

P.O. Box 800 Berryville VA 22611

Carol H. Domingue

HSFE01-12-R-0018 Section B

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SVCS PRICE

1 1.00 ___________________ ____________________ Install a Fire Suppression System

GRAND TOTAL ---

HSFE01-12-R-0018 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

6 June 2012

PERFORMANCE STATEMENT OF WORK

1. LOCATION

: The location of the work is at the Federal Emergency Management Agency / DHS Maynard Facility 63 Old Marlboro Road, Maynard, MA 01754. Work location shall take place at the Federal Regional Center.

2. DESCRIPTION OF WORK

: The work consists of providing all labor, transportation, materials, parts, supplies, equipment, tools, subcontracts, and performing all work necessary to install a Fire Suppression System.

3. PRINCIPAL ELEMENTS

The contractor shall install Fire Suppression System as the primary fire system in the lower level telecom room 104.

(The quantities of work listed are approximate and are provided only for the purpose of limit the responsibility of the contractor (and any subcontractors) to perform all work and furnish labor, material, and equipment shown, specified or reasonably inferred by the below descriptions.)

: The work to be performed includes the following principal elements:

3.1. The contractor shall install a Clean Agent Fire Suppression System with fast acting fire fighting compound that is non-toxic that will not cause any respiration problems. The clean agent shall leave no damaging residue should discharge occur.

3.2. The contractor shall include and install a proper delivery system that includes a control system, detection system and agent storage.

3.3. The contractor shall be responsible for all wiring, piping, control, control tie-ins to the main fire control panel, and fan control systems.

3.4. The contractor shall be responsible to determine that all wall inside or out meet the 1 hour fire rated protected enclosures in accordance with NFPA 75. If any of the walls do not meet this standard it is the contractor shall be responsible for maintaining the 1 hour fire rating.

3.5. The contractor shall replace room sprinklers to standard response sprinklers.

3.6. The contractor shall replace, if necessary, the smoke detectors to a very early warning smoke detection system cross zoned with addressable smoke detectors.

3.7. The contractor shall conduct a test on the new fire suppression system once installed.

4.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

4.1. The contractor shall be required to (a) coordinate scheduling of work with the government to minimize disruption, (b) prosecute the work diligently, (c) commence work under this contract within 10 calendar days after the date the contractor receives notice to proceed, and (d) complete the entire work ready for use not later than 30 calendar days after the notice to proceed.

4.2. Work shall be performed during normal duty hours for Government personnel, 7:00 am to 3:30 PM Monday through Friday, excluding Federal holidays.

HSFE01-12-R-0018 Section C

C-2

4.3. All work methods and completed work must be in compliance with current industry accepted codes and standards, and in a professional and workmanlike manner. IBC, state, national and other codes and ordinances which apply to this project include, but not limited to the following (latest editions):

• International Building Code

• NFPA 101 Life Safety Code

• OSHA Part: 1910

• NFPA 70 National Electrical Code

• DHS Directive MD Number: 023-02 (Attachment A)

4.4. It is the responsibility of the contractor to properly dispose of all demolished materials.

5. GOVERNMENT PERFORMED WORK

: The Contracting Officer will establish the boundary of Contractor’s work area, including staging area, and the Government will limit its activities inside the work area to a minimum during the time the Contractor is at work.

6.

SPECIAL OR UNUSUAL JOB CONDITIONS

The project site should be cleaned up in keeping with normal industry practices, for example all paint cans and paint trays will be closed with a sealable lid, paint brushes and rollers and be cleaned and properly stored or covered in plastic to prevent spillage, trash will be collected and removed from the site, ladders will be closed and laid on the floor up against the wall, drop clothes will be folded and stacked neatly against the wall. Contractor will ensure that corridors and doors are passable after hours.

7.

7.1.Water and electricity will be made available by the Government to the Contractor at no charge.

UTILITIES AND SERVICES

7.2 Existing restroom facilities will be made available by the Government to the Contractor at no charge.

8. CONTRACTOR’S OFFICE AND STORAGE SHED

: Contractor's office and storage trailers are not required for this project. If used, place them as directed by the Contracting Officer.

9. CONSTRUCTION SIGN

: Construction sign is not required, nor permitted, for this project.

10. SPECIFICATIONS:

Work is to be performed in accordance with 4.3 above.

HSFE01-12-R-0018 Section E

E-1

SECTION D - PACKAGING AND MARKING - THIS SECTION NOT USED

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative (COR) at:

Inspection: Federal Emergency Management Agency

Region 1 63 Old Marlboro Road, Building A Maynard, MA 01754

Acceptance: (same as inspection address)

The COR will be delegated at the time of award (see section G)

E.2 CONTRACTOR QUALITY CONTROL

a. General: The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's quality control plan will be submitted prior to commencement of work and through the submittal process on the approved FEMA Submittal Form.

b. The following information will be required in the submittal:

(1) The name and qualifications of the individual(s) performing inspections and submittal reviews.

(2) Education, licenses, present job position and previous work experience.

(3) The plan for all inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable Performance Work Statement (PWS) with respect to the materials, workmanship, construction, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the PWS.

c. The Contractor shall notify the Contracting Officer and COR in writing of any proposed change to the Contractor's quality control plan; no such change shall be implemented prior to acceptance in writing by the Contracting Officer.

d. The Contractor shall be responsible for submitting submittal reviews in a timely manner as to not cause a delay in the project. The Government shall be allowed ten (10) calendar days for approval/disapproval.

e. The Contractor shall be responsible for submitting daily quality control reports. The report shall be approved by the Contracting Officer

f. The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

HSFE01-12-R-0018 Section F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 30 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at:

Federal Emergency Management Agency Region 1

HSFE01-12-R-0018 Section F

F-2

63 Old Marlboro Road, Building A Maynard, MA 01754

F.4 PERIOD OF PERFORMANCE

30 days after receipt of order

F.5 OPERATING AND MAINTENANCE MANUALS, INSTRUCTIONS AND AS BUILTS

The Contractor shall furnish to the COR, prior to the completion of the work under this contract, all original maintenance and operations manuals applicable to this contract.

HSFE01-12-R-0018 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INSURANCE – The following insurance premiums are required for this contract:

Reference Contract FAR Clause 52.228-5 “Insurance – Work on a Government Installation” Kinds and minimum amounts required are as follows:

Kind

Workmen’s Compensation $100,000 except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

Amounts (FAR28.307-2)

Comprehensive General Liability The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Automobile Liability $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

G.2 WAGE DETERMINATION - The following wage determination will apply to this contract:

Wage Determination No. MA120001 Modification No.: 1 Date Of Revision: 04/20/2012

G.3 FEDERAL HOLIDAYS - The following Federal legal Holidays are observed by FEMA:

New Year’s Day 1 January Martin Luther’s King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

G.4 NORMAL DUTY CORE HOURS – 6:30 AM through 4:30 PM excluding Saturdays, Sundays, and Federal Holidays. Exceptions will be given for emergency and critical repairs and determined on a case by case basis.

G-2

G.5 BONDS AND ALTERNATIVE PAYMENT PROTECTIONS FOR CONSTRUCTION CONTRACTS

The following payment protections are required for this contract (IAW FAR Part 28.1)

(i) Payment bond

(ii) Performance bond

G.6 CONTRACTING OFFICER AUTHORITY - The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase as a result thereof.

The Contracting Officer for this project is Carol H. Domingue, carol.domingue@fema.dhs.gov Office 617-952-7529.

G.7 CONTRACTING OFFICER’S REPRESENTATIVE (COR) – The Contracting Officer's Representatives will be appointed at the time of award by the Contracting Officer. The letter of appointment will state the individual's name, title, and will stipulate the rights, responsibilities and limitations of the appointment. In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner. Technical direction received from the COR or Project Manager must be within the contract scope of work and must be issued in writing. The COR does not have the authority to, and may not, issue any technical direction which:

• Constitutes an assignment of additional work outside the general scope of the Technical Provisions of this contract or task order issued.

• Constitutes a change as defined in the contract clause entitled "Changes", FAR 52.243-1.

• In any manner causes an increase or decrease in the total contract price or the time required to perform the contract.

• Changes any of the expressed terms, conditions, of the contract.

• Interferes with the contractor's right to perform the terms and conditions of the contract.

G.8 INVOICING AND PAYMENT - All payments shall be made by electronic transfer of funds (EFT). The contractor must maintain a current registration in the Central Contractor Registration (CCR) System.

Submission of Payment Requests can be mailed to:

DHS/FEMA

FEMA Finance Center Attn: Vendors P.O. Box 9001 Winchester VA 22604 or emailed to: FEMA-Finance-Vendor-Payments@fema.gov.

G.9 PAPERLESS CONTRACTING – FEMA is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, Solicitation, Amendments, Contract and Modifications distribution and all other correspondence, will be issued via email or other electronic methods. Contractor shall have and maintain capability to receive documents in this manner.

mailto:carol.domingue@fema.dhs.gov� mailto:FEMA-Finance-Vendor-Payments@fema.gov�

G-3

G.10 CORRESPONDENCE - All email correspondence must contain the Solicitation number or Contract number (once awarded) and specific subject in the subject field. For example: Subject dealing with an RFI should read:

HSFE0112R0018 Fire Suppression RFI.

G.11 UTILITY SERVICES - The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available.

G.12 PROPOSED KEY PERSONNEL, MINIMUM QUALIFICATIONS OF KEY PERSONNEL, PROPOSED

SUBCONTRACTORS, PROCESSES, PROCEDURES AND MATERIALS - Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

G.13 CONTRACTOR STAFF AND EMPLOYEES - The contractor shall provide the Contracting Officer with a contact information for key staff to include telephone numbers for which the contractor or his/her representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.

• Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

• Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner.

The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.

G.14 CONTRACTOR OFFICE AND/OR STORAGE – The Contractor shall be responsible for all areas designated for the Contractor’s use thin 15 days of the time of award. The areas shall be kept neat and orderly and free of debris.

G.15 SECURITY REQUIREMENTS - The contractor shall comply with all security regulations imposed by the facility and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work.

• Employee Identification/Building Passes. The contractor shall ensure that every new employee has a FEMA Contractor Identification Badge before the employee enters on duty. The contractor shall see that all badges are returned to the COR as his employees are dismissed and upon contract expiration. The contractor shall see that all employees including subcontractor employees carry their badges with them at all times while on official duty in the facility covered under this contract and show them upon request. The contractor shall notify the COR immediately when any badge is lost.

• Security Clearance Requirements. All Contractor employees shall process through a suitability determination in accordance with Homeland Security Presidential Directive (HSPD 12). The contractor employees shall be required to complete the forms in Attachment E no later than 14 days after award. Processing will be done at FEMA Region 1 Headquarters at 99 High Street 6th floor, Boston, MA 02110.

G.16 SAFETY REQUIREMENTS – All work shall be conducted in a safe manner and shall comply with OSHA requirements. If the contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer may

G-4 issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the contractor. The contracted work area is federal property, and all rules and regulations issued by the Regional Director or his appointed representatives exercising authority covering fire, safety, sanitation, emergency evacuation, severe weather requirements, admission to the FRC, conduct of operations, etc. shall be observed by the contractor and his/her employees. The regulations include:

• Fire Prevention: Contractor and his/her employees shall be cognizant of, and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with National Fire Code and National Board of Fire Underwriters. The contractor shall be familiar with methods of turning in a fire alarm and operating the fire alarm system.

• Safety: All rules of safety which is or may be imposed upon the contractor by Federal, state or local code shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others.

• O&M Safety: The contractor shall formulate and furnish to the CO 10 days prior to contract start date, in writing, a comprehensive program to implement the general policies and procedures for safe operation and maintenance. The program shall include provisions for systems and equipment maintenance, employee responsibility for working safely, indoctrination and training of employees, public safety activities and responsibilities for implementation of regulations pertaining to fire prevention, and maintenance of an adequate fire protection plan. The contractor safety program shall ensure that hazards to the public are not permitted within contractor work areas. The contractor shall coordinate with the CO in making periodic inspections of the contractor activities to ensure that hazards to the public do not exist.

• Clothing and Personnel Safety Equipment: Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short sleeve shirt, long trousers, and safety toe shoes. Hard hats and seat belts shall be provided by the contractor as needed when engaged in work, which requires such protection. All personal protective equipment must be provided by the contractor. Contractor and employees shall be identified by a standardized, distinctive emblem or patch with contractor's name/logo attached in a prominent place to an outer garment.

• Personal Safety Training: The contractor shall provide training for each employee covering safe work practices, proper housekeeping, and fire protection.

• Damage Reports. In all instances where government property and/or equipment are damaged by contractor employees, a full written report of the fact and extent of such damage shall be submitted to the CO within 24 hours of the occurrence.

• Accident Reports: The contractor shall comply with OSHA and other regulatory requirements for record keeping and reporting of all accidents resulting in death, trauma, occupational disease or environmental damage. Contractor shall provide a verbal report to the CO within four (4) hours of occurrence and a written follow-up report within three

(3) working days of occurrence (in the matter and on the forms prescribed by the CO) whenever an accident involving personal injury occurs.

• Employee Awareness: Contractor shall inform his/her employees of hazards that may be encountered in their working environment and those connected with the performance of particular tasks.

• Fire Drills: Fire drills are periodically conducted as developed by the government. Evacuation diagrams are posted in all buildings.

G.17 QUALITY CONTROL - This government Quality Assurance Surveillance Plan (QASP) is designed to aid the Contracting Officer's Representative (COR) in performing effective and systematic surveillance of all aspects of this contract. The plan provides for monitoring contract requirements through use of periodic inspections. The objective of the QASP is to evaluate how the contractor is performing in key areas. Primary interest is in the final product or service the contractor is providing and not in the details of how it is being performed. The government may use a variety of surveillance methods to evaluate the contractor's performance. These include, but are not limited to, G-5 random sampling of recurring services, periodic surveillance of the contractor's quality control program, test calls, and validated customer complaints. Surveillance activity checklists will be established for each of the required services in the PWS and any other areas considered essential to contract performance. The COR is responsible for inspecting the contractor's performance and documenting any noncompliance with contract provisions, however, only the Contracting Officer may take formal action against the contractor for nonperformance.

G.18 ENVIRONMENTAL IMPACT - All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to, Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ);

the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

G.19 GREEN PURCHASING OF PRODUCTS AND SERVICES

Agencies must comply with the following requirements in promote green purchasing of products and services:

• Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance

Link: http://www.whitehouse.gov/omb/assets/procurement_green/fedreg_100809.pdf (13 pages, 126 kb)

• Section 6002 of the Resource Conservation and Recovery Act.

Link: http://www.ornl.gov/adm/ornlp2/sec6002.htm

• Section 9002 of the Farm Security and Rural Investment Act of 2003.

Link: http://www.ers.usda.gov/Publications/AP/AP022/

• The Energy Policy Act, Executive Order 13423.

Link: http://www1.eere.energy.gov/femp/regulations/eo13423.html

• Various subparts in FAR Part 23, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace Link: http://acquisition.gov/far/current/html/FARTOCP23.html#wp227606

G.20 EVALUATION OF CONTRACTOR PERFORMANCE – Past Performance evaluations will be conducted in accordance with FAR Part 42.1502 and upon completion of the contract using the Contractor Performance Assessment Reporting System (CPARS). Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. When assessments are completed Contractors will be sent an email notice to review and comment. A contractor point of contact (POC), to receive notification of performance evaluations, shall be identified at time of contract award. The POC must maintain a current email address on file with the Contracting Officer.

http://www.whitehouse.gov/sites/default/files/omb/assets/procurement_green/fedreg_100809.pdf� http://www.ornl.gov/adm/ornlp2/sec6002.htm� http://www.ers.usda.gov/Publications/AP/AP022/� http://www1.eere.energy.gov/femp/regulations/eo13423.html� http://acquisition.gov/far/current/html/FARTOCP23.html#wp227606�

HSFE01-12-R-0018 Section H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 UTILIZATION OF GOVERNMENT PROPERTY

a. The effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

b. While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government.

c. The property to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor.

d. The Government property to which the Contractor will have access under this clause will be made available during the life of the Contract. In the event the Property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled, "Changes."

H.2 GOVERNMENT FURNISHED UTILITIES

The Government shall furnish to the Contractor, at date of award, electrical power and domestic water from "existing outlets". These utilities will be provided to the Contractor at no cost, however, electrical power for curing concrete will not be provided.

H.3 UTILITIES

a. Interruptions of Utilities

1. No utility services shall be interrupted by the Contractor to make connections, to relocate, or for any purpose without approval of the COR.

2. Request for permission to shut down services shall be submitted in writing to the COTR not less than 10 business days prior to date of proposed interruption. The request shall include the following information:

• Nature of Utility (electric, sewer, water, roadway, etc.)

• Size of line and location of shutoff

• Buildings and services affected

• Hours and date of shutoff

• Estimated length of time service will be interrupted

b. Services shall not be shut off until receipt of approval of the proposed hours and date from the COR.

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c. Shutoffs which will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or non-work days of the using agency without any additional cost to the Government.

d. Operation of valves on water mains will be by Government personnel. Where shutoff of water lines interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange his operations and have sufficient material and personnel available to complete the work without undue delay or to restore service without delay in event of emergency.

H.4 SUBMITTALS

a. Submittal Process: Contractor shall submit all submittals in a timely manner as to not delay the project.

The Government shall be allowed 10 business days for review, approval and/or comments, and possible resubmittal. Any rejected submittal shall be sent back to the contractor for redo and resubmission within 10 business days.

b. Submittal Content:

1) Submittal Control Form: The Contractor shall submit for review and approval to the COR

FEMA’s Submittal Control Form for each item listed on the submittal log attached in this solicitation.

2) Include manufacturer's literature, certificates of compliance, material samples, test reports and applicable technical data.

c. Test Reports: Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the reports apply.

Certifications shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

H.5 SAFETY

a. General. The Contractor shall comply with FAR clause 52.236-13 Accident Prevention (NOV 1991) and the Corps of Engineers Manual EM 385-1 Safety and Health Requirements Manual to include all current revisions.

b. Safety Program: EM 385-1 and all subsequent revisions to in the "Accident Prevention" clause of Section I are hereby supplemented or revised as follows:

1) The Contractor shall designate an employee responsible for the overall supervision of accident prevention activities. Such duties shall include (1) assuring applicable safety requirements are incorporated in work methods and (2) inspecting the work to ensure that safety measures and instructions are applied.

2) In satisfying the safety objectives, the Contractor may utilize any method which meets the contract requirements or as may otherwise be directed by the COR.

3) Accident Investigation: Chargeable accidents are to be investigated by both Contractor personnel and Government Inspector.

4) Accident Reporting: The prime Contractor will report to the COR all injuries to his employees and employees of subcontractors that require examination by a doctor and all damage to property and/or equipment in excess of $300.00 per incident. Verbal notification of such accidents will be made to the COR within 24 hours. A written report will be submitted to the COR within 72 hours following such accidents.

5) OSHA Log: A copy of the Contractor's OSHA log of injuries will be forwarded monthly to the COR.

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6) OSHA Inspections: Contractors shall immediately notify the COR when an OSHA Compliance

Official (Federal or State Representative) presents his credentials and informs the Contractor that the workplace will be inspected for OSHA compliance. Contractors shall also notify the COR upon determining that an exit interview will take place upon completion of the OSHA inspection.

7) Generator Grounding: The grounding of portable and vehicle mounted generators shall comply with the National Electrical Code.

H.6 COMMERCIAL WARRANTY

Notwithstanding the provisions of the "Inspection" clause of this contract, the Contractor agrees that the items delivered under this contract shall be covered by the same warranties as the Contractor customarily offers in connection with the sale of these items on the commercial market. In the event that differing warranties covering these items are customarily offered to other purchasers by the Contractor, it is agreed that such warranties shall apply to this contract as are available to the Contractor's most favored purchaser. In addition to any other obligations imposed upon the Contractor under any such warranties, and regardless of whether a similar right is customarily offered to other purchasers, the Contractor shall, if so required by the Government within a reasonable time after the giving of notice of defect in accordance with such warranties, correct or replace the defective or nonconforming item with all possible speed at the Contractor's cost, including shipping costs, not exceeding usual charges, from the delivery point to the Contractor's plant and return.

The Contractor shall affix a prominent notice on the equipment stating that the unit is covered by a warranty by the Contractor. Complete details of the terms of the warranty shall be documented and provided at the time of acceptance by the Government.

HSFE01-12-R-0018 Section I

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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 SEP 2006

THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011

ON RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

52.204-10 REPORTING EXECUTIVE COMPENSATION AND JUL 2010

FIRST-TIER SUBCONTRACT AWARDS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST DEC 2010

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUN 2003

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997

DISPUTES

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS JUL 2005

ACT-OVERTIME COMPENSATION

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 FEB 1988

REQUIREMENTS

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 FEB 1988

ACT REGULATIONS

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

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52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT OCT 2010

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH OCT 2010

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS SEP 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW MAY 2011

INFORMATION

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING DEC 2007

PRODUCTS

52.223-18 ENCOURAGING CONTRACTOR POLICIES AUG 2011

TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

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 OCT 1995

BONDS

52.228-15 PERFORMANCE AND PAYMENT BONDS-- OCT 2010

CONSTRUCTION

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION SEP 2002

CONTRACTS

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION OCT 2008

CONTRACTS

52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL OCT 2003

CONTRACTOR REGISTRATION

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-3 SITE INVESTIGATION AND CONDITIONS APR 1984

AFFECTING THE WORK

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, APR 1984

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

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52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR FEB 1997

CONSTRUCTION

52.236-21 SPECIFICATIONS AND DRAWINGS FOR FEB 1997

CONSTRUCTION

ALTERNATE II (APR 1984)

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR AUG 1996

REMOVAL OF IMPROVEMENTS

52.248-3 VALUE ENGINEERING--CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED-PRICE)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY DEC 2003

COMPLETION OF THE CONTRACT WORK

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO DEC 2003

A DHS FACILITY

3052.228-70 INSURANCE DEC 2003

I.1 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

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(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have…