HSFE02-12-R-0004.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)

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__ _2____copies to perform the work required are due at the place specified in Item 8 by _4:00 PM EST___________

(hour) local time _____________________ (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.

HSFE02-12-R-0004

X

04/12/2012

Department of Homeland Security/FEMA

26 Federal Plaza, STE 1337

New York, NY 10278-0002

Department of Homeland Security/FEMA

Omar Mahmud 212-680-8595 Omar.Mahmud@fema.gov

PROCURE AND INSTALL OF A NATURAL GAS FIRED EMERGENCY POWER GENERATER AND CONTROL SYSTEM, AS WELL AS, DISCONNECTION, REMOVAL AND REPLACEMENT OF TWO EXISTING HVAC UNITS LOCATED ON

THE ROOF OF EXISTING BUILDING. LOCATED AT:

BUILDING C-54

NWS EARLE, COLTS NECK, NJ 07722

CONTRACTOR SHALL PROVIDE ALL NECESSARY SUPERVISION, LABOR MATERIALS AND SUPPLIES NECESSASY

TO COMPLETE ANY AND ALL FACILITY UPGRADES FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY

(FEMA) REGION 2 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORKS DATED 04/02/2012 AND

DRAWING A.

NAICS: 236220 COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION

SMALL BUSINESS SIZE STANDARD: $33.5 MILLION

THE PERIOD OF PERFORMANCE WILL BE DISCUSSED DURING THE INITIAL SITE VISIT. WORK SHALL

COMMENCE AFTER THE NOTICE TO PROCEED (NTP) HAS BEEN ISSUED.

DISCLOSURE OF MAGNITUDE- FAR 36.204 (e)

ESTIMATED COST RANGE: $500,000.00 and $1,000,000.00

THIS IS A FIRM FIXED PRICED CONTRACT.

TOTAL SMALL BUSINESS SET-ASIDE.

POC: OMAR MAHMUD

CONTRACTING OFFICER

212-680-8595

Omar.Mahmud@fema.gov

10 TBD

X X

X 5

X mailto:Omar.Mahmud@fema.gov

HSFE02-12-R-0004 Page 2 of 59

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) ( 5

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

Department of Homeland Security/FEMA

FEMA Finance Center

P.O. Box 800

Berryville VA 22611

HSFE02-12-R-0004 Page 3 of 59

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

The Contractor shall provide all supervision, labor, materials, supplies, and facilities, (except as may be expressly set forth in this contract as furnished by the Government) necessary to furnish the items below in accordance with the

Description/Specifications/Statement of Work (SOW) and applicable Drawing A.

Section J. A- Statement of Work

**A DETAILED COST ESTIMATE MUST BE PROVIDED IN PROPOSAL SUBMISSION

B.2 CONSIDERATION -- FIXED-PRICE

The total firm fixed price of this contract is $_________________.

(a) Payments shall be made in accordance with the clause at 52.232-5 entitled "Payments under Fixed Price Construction

Contracts", which is contained in Section I by reference.

(b) Payment shall be made upon the satisfactory completion and Government acceptance of all requirements under the contract for each CLIN. Payment shall be made for each CLIN once services are accepted by the Contracting Officer

Representative.

HSFE02-12-R-0004 Page 4 of 59

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

The Statement of Work’s are attached as “Attachment A” and “Attachment B.”

HSFE02-12-R-0004 Page 5 of 59

SECTION D - PACKAGING AND MARKING

D.1 PRESERVATION, PACKING AND PACKAGING – COMMERCIAL

Preservation, packing, and packaging for shipment of all items ordered hereunder shall be in accordance with commercial practice and adequate to insure both acceptance by common carrier and safe transportation at the most economical rate(s).

HSFE02-12-R-0004 Page 6 of 59

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in

Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

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

Inspection: Federal Emergency Management Agency

Region 2

Acceptance: (same as inspection address)

For the purpose of this clause, the Contracting Officer's Representative (COR) named in the Designation of COR clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

E.3 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 will not be accepted without question and the right to inspect or verify at any time is reserved by the Government.

b. Pre-construction Conference: After the contract is awarded and before construction operations are started, the

Contractor shall meet with the Contracting Officer and the Contracting Officer's Representative (COR), or their representatives, and discuss quality control requirements. The contractor shall furnish the COR within 20 days after receipt of notice to proceed, the following information:

(1) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the interrelationship of Contractor and Government inspection.

HSFE02-12-R-0004 Page 7 of 59

c. Quality Control System:

(1) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to the materials, workmanship, construction, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the

COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions. The Contractor's control system will be keyed to the proposed construction sequence in a manner to prevent construction deficiencies and/or delays caused by submittals lacking content and text required by the contract Technical

Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b.(1) above.

(3) Quality Control Procedures: The Contractor's quality control system at the job site shall follow a 3-step procedure consisting of (a) a Preparatory Inspection; (b) an Initial Inspection; and (c) Follow-up Inspections. The

Contractor's quality control representative will advise the Government's Project Officer at least 24 hours prior to all preparatory and initial inspections. The preparatory and initial inspections will be attended by the applicable quality control representative and the Contractor's individual responsible for implementation of that portion of work at the site.

Government personnel may participate in the preparatory, initial inspection and follow-up inspection.

(a) Preparatory Inspection: A preparatory inspection will be required to insure that the plant, materials and equipment meet the submittals and contract requirements. The Contractor will perform preparatory inspections as soon as possible after delivery of plant, equipment and material to the site and, in any event, prior to incorporation of material and equipment in the work.

(b) Initial Inspection: An initial inspection will be required at the start of each new phase of construction to establish that methods, techniques and standards of workmanship are in strict compliance with the contract requirements.

(c) Follow-up Inspections: Follow-up inspections will be performed on a daily or recurring basis as necessary to insure that construction is proceeding in accordance with contract requirements.

d. Quality Control Reports:

(1) The Contractor shall furnish a daily construction quality control report. The report shall be in accordance with the attached sample or such other form as may be proposed by the Contractor and approved by the Project Officer.

Additional check lists and forms for specific operations may be required to supplement the daily inspection form. The report shall include all inspections and tests made. It shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests, the results, the nature of defects, cause of rejection and the corrective action taken. The daily report shall cover both conforming and defective items. It shall include a statement that all materials and equipment incorporated in the work are in full compliance with the terms of the contract except as noted. The report will cover all items and specifically include the items listed in the quality control paragraphs of the Technical Provisions. The report will be verified and signed by the prime Contractor's designated quality control representative. The daily reports will be furnished in two copies (original and one (1) duplicate) to the

Project Officer at the job site. The report will be legibly handwritten in ink or typewritten. Reports shall be submitted not

HSFE02-12-R-0004 Page 8 of 59 later than the close of business on the first working day following the date of the report. Reports shall have all supporting documents (such as concrete placement checklist) referenced therein. Incomplete reports will not be accepted. Negative reports are required for days during which there is no activity on the project site and will include a brief statement as to why there was no activity during a normal workday or schedule.

e. Government Inspection:

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.

***(Sample of typical contractor quality control report)***

CONTRACTOR'S NAME

(Address)

DAILY CONSTRUCTION QUALITY CONTROL REPORT

Contract No. ________________________________

Date ________________________________________

Project Name ________________________________

Report No. __________________________________

Weather _____________________________________

Phases of Construction in Progress (give briefly only phase or phases of work in progress)

Material and/or Equipment Delivered to Site (include equipment demobilization)

Inspection made (include negative inspections, phase of work inspected and inspections)

Preparatory

HSFE02-12-R-0004 Page 9 of 59

Initial

Follow-up

Tests Performed and Results of Tests (include results of tests taken on previous dates)

Verbal Instructions Received (list any instructions given by Government personnel on construction deficiencies, retesting required etc., with action to be taken)

Changed Conditions/Delays/Conflicts Encountered

Remarks

SIGNATURE ______________________________

Quality Control Inspector

Contractor's Verification: The above report is complete and correct and all material and equipment used and work performed during this reporting period are in compliance with the contract plans and specifications except as noted above.

Contractors Approved Authorized Representative

HSFE02-12-R-0004 Page 10 of 59

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-14 SUSPENSION OF WORK APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 180 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at:

Federal Emergency Management Agency Region II COOP

Building C-54

Colts Neck, NJ 07722

F.4 PERIOD OF PERFORMANCE

The period of performance will be discussed during site visit.

F.5 UTILIZATION OF GOVERNMENT PROPERTY

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.

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.

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.

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."

HSFE02-12-R-0004 Page 11 of 59

F.6 SUBMITTALS

a. Submittal Control Form: The Contractor shall submit for approval to the Contracting Officer’s Representative

(COR) a minimum of three (3) copies of the Submittal Control Form.

(1) Content: Such submittals as shop drawings, including manufacturer's literature, certificates of compliance, material samples, test reports and applicable technical data shall be itemized on the form. For each submittal the form shall include type of submittal, contract requirement reference, Contractor's scheduled dates for submitting such items, who is to perform the review and projected procurement dates. The form on which to include the above information will be furnished the Contractor by the Project Officer.

(2) Submittal of Form: In preparing the form, adequate time will be allowed for review, approval and/or comments, and possible resubmittal on those items designated for approval action by the Government. The scheduling will also be coordinated with the progress schedule.

(3) Updating: The Contractor shall keep the form current by making daily entries to include added or deleted items or changes in scheduled dates. Although periodic submittals of the form are not required, the Contractor shall advise the COR in writing when revisions to the initial scheduling are made. The Contractor's updated/revised scheduling shall be made available to the COR upon request for monitoring. The status of shop drawings and other submittals will be considered in determining satisfactory progress in connection with the payment provisions of the contract. Payment for materials on or off site will not be allowed for materials for which appropriate submittals have not been made and certified or approved.

b. Submittal Procedures:

(1) Prior to any submittal of shop drawings, lists of materials, fixtures, and equipment, the Contractor shall review and ensure that such submittal is correct and in strict compliance with the contract drawings and specifications.

(2) Submittals for Government Approval: The Contractor shall submit to the COR a minimum of three (3) sets of all shop drawings, manufacturer’s specifications and catalog extracts which have been designated for approval action by the Government. Submittals of the following items are hereby specifically designated to be submitted to the COR for review and approval:

Extensions of design;

Deviations and/or departure from the contract documents; (with a copy furnished to the

Contracting Office, directly)

Any items of equipment that is compatible with the entire system must be checked.

The Contractor shall make any corrections required by the COR. If the Contractor considers any corrections indicated on the submittals to constitute a change to the contract drawings or specifications, notice as required under the clause entitled

"Changes" will be given to the Contracting Officer.

(3) Contractor Certified Submittals: Three (3) sets of all Contractor certified shop drawings, material lists, catalog cuts, and equipment lists shall be submitted by the Contractor to the COR not less than two weeks prior to Contractor's procurement of such materials, equipment, etc. Such submittals will be accepted for information purposes only. All samples of materials submitted as required by these specifications shall be properly identified and labeled for ready identification, and upon being certified, stored at the site of the work for jobsite use until all work has been completed and accepted by the COR. Each copy of the drawings, list, etc., reviewed and certified by the Contractor and not designated to

HSFE02-12-R-0004 Page 12 of 59 be reviewed and approved by the Government shall be identified as having received such review and certification by being so stamped, signed, and dated by the Contractor. The stamp for certification action by the Contractor shall be similar to the following:

CONTRACTOR (Firm Name)

A - Certified to comply with contract drawings and specifications.

B - Certified to comply with contract drawings and specifications as noted on shop drawings and/or attached sheet(s). (Resubmission not required provided installation conforms as noted.)

Signature: _______________________________________

Title: ________________________________________

Date: ________________________________________

(4) Certificates of Compliance: Any certificates required for demonstrating proof of materials with specifications requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Certificates of compliance shall be submitted, to the COR, ten (10) days prior to the use of the material in the project.

(5) 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.

c. The COR will review all submittals and return to the Contractor, within 30 calendar days exclusive of mailing time, a statement signifying approval/disapproval of the submittals.

Contractor shall follow the submittal procedures set forth in Section L.10 PROPOSAL PREPARATION

INSTRUCTIONS and the construction specifications. It shall be the Contractor's responsibility to provide materials meeting ASTM and U.L. requirements as stipulated by this contract.

F.7 PROGRESS SCHEDULE

a. In accordance with the clause in Section H, "52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS

(APR 1984)," the Contractor shall, within five (5) days after work commences, prepare and submit to the Contracting

Officer three (3) copies of a practicable Progress Schedule which will reflect physical progress. This chart will be prepared so as to show the starting and completion dates of all such work features, beginning with date of Notice to

Proceed and indicating calendar days to completion. The chart shall be a bar chart.

b. Dates for completion of features of work which will have a critical affect on the overall completion date are

"milestone" dates and will be marked on the chart.

HSFE02-12-R-0004 Page 13 of 59

c. The Physical Progress Chart will be modified by the Contractor to reflect authorized changes in the work and extensions of time. The Modified Chart will then be promptly forwarded for approval to the Contracting Officer.

d. The Bar Chart will be the medium through which the timeliness of Contractor construction effort is appraised.

F.8 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.

F.9 OPERATING AND MAINTENANCE DATA AND INSTRUCTIONS

The Contractor shall furnish to the Contracting Officer's Representative (COR), prior to the completion of the work under this contract, three (3) copies of an indexed, tabbed maintenance and operations manual to include all mechanical, electrical items as listed below. The binder shall be of the three (3) post type with a sturdy continuous piano hinge with the following information:

a. Operating instructions detailing step-by-step procedures required for system start-up.

b. Maintenance instructions listing routine maintenance procedures, possible breakdowns and repairs shall be furnished.

c. For each component part installed, the instructions shall include manufacturer's name, model number, serial number, operating instructions, service manual showing parts list, dismantling, and reassembly techniques. The service manual shall identify part numbers for ordering replacement parts.

d. Component part guarantees.

e. Manufacturer’s cut sheets.

f. Sequence of operation including system control diagram.

g. Manufacturer’s test results shall be provided in accordance with the requirements stated in each specification section.

h. Field performance test results shall be provided in accordance with the requirements stated in each of the specification sections.

i. Framed instructions under glass or in laminated plastic, including wiring and control diagrams showing the complete layout of the entire system, including equipment, piping, valves and control sequence, shall be posted where directed. Condensed operating instructions explaining preventive maintenance procedures, methods of checking the system for normal safe operation, and procedures for safely starting and stopping the system shall be prepared in typed form, framed as specified above for the wiring and control diagrams, and posted beside the diagrams. Proposed diagrams, instructions, and other sheets shall be submitted prior to posting. The framed instructions shall be posted before acceptance testing of the systems.

HSFE02-12-R-0004 Page 14 of 59

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PRIME CONTRACTOR

Even though the Small Business Administration (SBA) may not be identified in Section A of the contract, it is still the prime contractor on the contract. Advance notice will be provided to the SBA (serving as the prime contractor) of any final notice of termination of the contract in whole or in part.

G.2 SMALL BUSINESS ADMINISTRATION APPROVAL OF NOVATION AGREEMENTS

The SBA's approval is required for any novations agreement submitted by the 8(a) participant.

G.3 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS

The Contractor shall request progress payments by submitting to the contracting officer an original and three (3) copies of

SF 1443, "Contractor's Request For Progress Payment," and Contractor's invoice (if applicable).

G.4 INVOICES

An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name of Contractor

2. Invoice date

3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading).

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions or additional information is needed by this agency to process payment.

6. Any other information or documentation required by other provisions of the Contract (such as evidence of shipment).

HSFE02-12-R-0004 Page 15 of 59

7. Invoices shall be prepared and submitted as follows:

Number Distribution

Original submitted via USPS: DHS/FEMA Finance Center

P.O. Box 800

Berryville, VA 22611

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. The contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice:

(a) Routing Transit Number (RTN) - The contractor shall provide the current 9-digit RTN of the payee's bank

(b) Payee's account number

(c) Contractor's Tax Identification Number (TIN)

(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract.

To avoid delays in processing invoices, the contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the contractor. This notification must be in writing and signed by the individual authorized by the contractor to make such changes.

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G.5 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Omar Mahmud

E-mail: Omar.Mahmud@fema.gov

Phone: 212-680-8595

Fax: 212-680-3693

Contracting Officer's Representative:

Name: Reginald Thomas

E-mail: Reginald.Thomas@dhs.gov

Phone: 908-249-3373

Fax: 212-680-3693 mailto:Reginald.Thomas@dhs.gov

HSFE02-12-R-0004 Page 17 of 59

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Davis Bacon

Wage General Decision Number: NJ120037 dated 01/20/2012 NJ37, which is contained as Attachment C to this contract.

H.2 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 Contracting Officer’s Representative (COR).

(2) Request for permission to shut down services shall be submitted in writing to the Project Officer not less than 10 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

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

(4) 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.

(5) 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.3 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION

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

(b) Before commencing work under this contract, the Contractor shall certify to 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 paragraph (d) below. At least 5 days before entry of each subcontractor's personnel on the

Government Installation, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate of insurance, meeting the requirements of paragraph (b) above, for each such subcontractor.

(d) The following coverage is the minimum insurance required for work under this contract:

HSFE02-12-R-0004 Page 18 of 59

(1) Workers' Compensation and Employer's Liability

Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational disease is not compensable under those statutes, it shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000.00 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(2) General Liability

(a) The Contracting Officer requires bodily injury liability insurance coverage written on the comprehensive form of the policy of a least $500,000.00 per occurrence.

(b) The Contracting Officer requires property damage liability insurance coverage written on the comprehensive form of the policy of at least $500,000.00 per occurrence.

(3) Automobile Liability

The Contracting Officer requires automobile liability insurance written on the comprehensive form of the 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. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.4 SAFETY

a. General. The Contractor shall comply with the clause in Section I.11, 52.236-13 Accident Prevention (APR 1984) including the "Safety and Health Requirements Manual EM 385-1", Revised Oct 1987, (on display in the NETC Library) referred to therein in addition to the provision in this section.

b. Safety Program:

(1) Corps of Engineers Manual EM 385-1 and all subsequent revisions to in the "Accident Prevention" clause of

Section I are hereby supplemented or revised as follows:

a) 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 actually applied.

b) In satisfying the safety objectives, the Contractor may utilize any method which meets the contract requirements as herein specified or as may otherwise be directed by the Contracting Officer's Representative (COR).

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

Inspector.

d) 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.

HSFE02-12-R-0004 Page 19 of 59

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

f) 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 Project Officer upon determining that an exit interview will take place upon completion of the OSHA inspection (NABSA 5 Oct 76).

g) Generator Grounding: The grounding of portable and vehicle mounted generators shall comply with Article 250-6 of the National Electrical Code (MEMO 28 Jan 1975).

H.5 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.

HSFE02-12-R-0004 Page 20 of 59

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES

TO THE GOVERNMENT SEP 2006

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

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 SEP 2007

CERTAIN FEDERAL TRANSACTIONS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000

ON RECYCLED PAPER

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF SEP 2007

CONTRACTOR PERSONNEL

52.204-10 REPORTING EXECUTIVE COMPENSATION AND

FIRST TIER SUBCONTRACT AWARDS JUL 2010

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST SEP 2006

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION MAR 2009

ALTERNATE III (JUNE 1999)

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

FORMAT

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

ALTERNATE I (OCT 1995)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P159_23467 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P159_23467

HSFE02-12-R-0004 Page 21 of 59

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

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED SEP 2006

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED SEP 2006

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW AUG 2003

INFORMATION

ALTERNATE I (AUG 2003)

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING DEC 2007

PRODUCTS

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-5 INSURANCE--WORK ON A GOVERNMENT JAN 1997

INSTALLATION

52.228-11 PLEDGES OF ASSETS SEP 2009

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR OCT 1995

BONDS

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION SEP 2002

CONTRACTS

52.232-17 INTEREST OCT 2008

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

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

CONTRACTOR REGISTRATION

52.233-1 DISPUTES JUL 2002

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

HSFE02-12-R-0004 Page 22 of 59

52.236-2 DIFFERING SITE CONDITIONS APR 1984

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

ALTERNATE I (APR 1984)

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

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN 2010

52.248-3 VALUE ENGINEERING--CONSTRUCTION SEP 2006

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED PRICE)

ALTERNATE I (SEPT 1996)

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

52.253-1 COMPUTER GENERATED FORMS JAN 1991

3052.211-70 INDEX FOR SPECIFICATIONS DEC 2003

3052.219-71 DHS MENTOR-PROTÉGÉ PROGRAM JUN 2006

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

3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS JUN 2006

SUBSTANCES -- APPLICABLE LICENSES AND

PERMITS

3052.228-70 INSURANCE DEC 2003

I.2 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the

Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

HSFE02-12-R-0004 Page 23 of 59

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.3 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…