HSFE10-14-R-5001.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 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 _____________________ (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.

HSFE10-14-R-5001

X

04-01-2014

DR-4122-AK

Department of Homeland Security Federal Emergency Management Agency Joint Field Office 4510 Old International Airport Road Anchorage AK 99502

See Submittal Instructions

Daisy Joseph 225-421-6353

TITLE: CONSTRUCTION SUPPORT FOR HOME REBUILD & REPAIR PROGRAM

LOCATION: GALENA, ALASKA

CONTRACT TYPE: FIRM FIXED-PRICE

NAICS CODE: 238910 SITE PREPARATION CONTRACTORS

Description: The intent of this project is to include clearing of trees and debris, hauling and placement of fill material, supply of materials, site grading, walkway installation, construction of pads and access ways and certified survey of fill elevations, supply materials for deck stairways (see Statement of Work for complete scope).

In accordance with (IAW) FAR 26.202 Local Set Aside Under the Stafford Act, awards will be made to Alaska Contractors.

IAW FAR 36.204 the magnitude of construction for this requirement is estimated between $100,000 and $250,000.

This solicitation will be awarded under FAR 15.101-2 Lowest Price Technically Acceptable (LPTA).

Note: Liquidated Damages- Construction will be included in this project.

Performance and Payment Bonds are required.

Site Visit: Is not mandatory but highly recommended. In addition, this is not a reimbursable cost to the Government.

Review All Sections and it is highly recommended review of Sections: J for Attachments; K for Reps & Certs; L for Site Visit information; Instructions to Offerors; and M for Evaluation Factors for Award.

1 130 x x 52.211-10

X 10

2:00 p.m.(AKST)

04-18-2014

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

PHONE: FAX:

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

Table of Contents

PART I - THE SCHEDULE ........................................................................................................................... A-1

SECTION A - SOLICITATION/CONTRACT FORM ............................................................................... A-1

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) ................. A-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ............................................................... B-1

B.1 PRICE/COST SCHEDULE ................................................................................................................ B-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK..................................... C-1

C.1 STATEMENT OF WORK ................................................................................................................. C-1

SECTION D - PACKAGING AND MARKING .......................................................................................... D-1

[For this Solicitation, there are NO clauses in this Section] ..................................................................... D-1

SECTION E - INSPECTION AND ACCEPTANCE .................................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .................... E-1

SECTION F - DELIVERIES OR PERFORMANCE ................................................................................... F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .................... F-1

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

1984) ALTERNATE I (APR 1984) ............................................................................................ F-1 F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) ................................ F-1

SECTION G - CONTRACT ADMINISTRATION DATA ......................................................................... G-1

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS ................................................................... G-1 [For this Solicitation, there are NO clauses in this Section] ..................................................................... G-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS ....................................................................... H-1

[For this Solicitation, there are NO clauses in this Section] ..................................................................... H-1

PART II - CONTRACT CLAUSES .............................................................................................................. I-1

SECTION I - CONTRACT CLAUSES ...................................................................................................... I-1

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ...................... I-1

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)I-3

I.3 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) .................................... I-4

I.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) ...................................................................................................... I-5

I.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (SEP 2013) ...................................................................... I-6

I.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008) ..................................................................................... I-6 I.7 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010) ....................... I-7 I.8 52.228-1 BID GUARANTEE (SEP 1996) ................................................................................... I-10 I.9 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) ...................... I-10 I.10 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ................................................ I-10 I.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ................................. I-11

I.12 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006) ..................................................................................................................................... I-11

I.13 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC

2003) ............................................................................................................................................... I-13 I.14 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ................................... I-13

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ............................... J-1

SECTION J - LIST OF ATTACHMENTS .................................................................................................... J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS .................................................................. K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ............................................................................................................................................ K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE....... K-1

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) ...... K-1

K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007) ..................................... K-2 K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)........................................................... K-2 K.5 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014) .................. K-4 K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) ........ K-7 K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) ....................... K-8 K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) ............ K-11 K.9 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) ................................... K-11

K.10 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN--CERTIFICATION (AUG 2009) .................................................................................. K-11

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ........ L-1 L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) ..... L-1 L.3 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................ L-4

L.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) .................................... L-4 L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) .......................................................................... L-5 L.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) .......... L-6

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) L-6

L.8 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS ......................................... L-6

SECTION M - EVALUATION FACTORS FOR AWARD ........................................................................ M-1

M.1 For this Solicitation, Evaluation Factors for Award .......................................................................... M1

HSFE10-14-R-5001 Section B

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

Item DESCRIPTION Quantity Unit Unit Price Total Price

0001 Mobilization 1 LS $ $

0002 Preliminary Site Prep

0002A Site Prep – Site #A 1 LS $ $

0002B Site Prep – Site #B 1 LS $ $

0002C Site Prep – Site #C 1 LS $ $

0002D Site Prep – Site #D 1 LS $ $

0003 Finished Site Work

0003A Site Work – Site #A 1 LS $ $

0003B Site Work – Site #B 1 LS $ $

0003C Site Work – Site #C 1 LS $ $

0003D Site Work – Site #D 1 LS $ $

0004 Aggregate 400

CY $ $

0005 Geotextile – Non-woven 3.1 oz.

(12.5’ x 300’ Roll)

1 ROLL $ $

0006 Fuel Oil Tank - 300 Gallon 1 EA $ $

0006A 7 Foot Fuel Tank Stand – Steel 4 EA $ $

0007 Deck Materials (see attachment 4) 1 SET $ $

0008 Demobilization

0008A Demobilize Site Operations 1 LS $ $

0009 Shipping – All Materials 1 LS $ $

TOTAL $

Offerors must submit a price for all Line Items 0001 – 0009.

See the following page and the Statement of Work for description of CLINs.

HSFE10-14-R-5001 Section B

B-2

0001 Mobilization – This CLIN includes all costs to bring personnel and equipment to Galena for the construction services listed below.

0002 Preliminary Site Preparation – This CLIN includes all specified clearing, filling, removal, and site prep activities under the contract section “C.4 Construction Activities Prior to New Home Construction”. Sub-CLIN’s for this line item are aligned to specific properties.

0003 Finished Site Work – This CLIN includes all equipment and labor to comply with the “C.5 Construction Activities after New Home Construction” section of this contract. This work includes final site grading, finish grading of access driveway, and any necessary site clean-up to meet the requirements of this contract. Sub-CLIN’s for this line item are aligned to specific properties.

0004 Aggregate – This CLIN includes the total volume of gravel material in Cubic Yards to be used on all of the sites. Work under this CLIN shall be as specified in this contract under sections “C.4 Construction Activities Prior to New Home Construction” and “C.5 Construction Activities after New Home Construction”.

0005 Geotextile – This CLIN includes the Geotech fabric as specified in 12.5 foot x 300 foot rolls and all associated labor. Work under this CLIN shall be as specified in this contract under sections “C.4 Construction Activities Prior to New Home Construction” and “C.5 Construction Activities after New Home Construction”.

0006 Fuel Tanks - This CLIN includes the supply and delivery of one (1) 300-gallon fuel oil tanks with stands. Stands are to be 7 feet high (bottom of tank will be 7 feet high when mounted). Work under this CLIN shall be as specified in this contract under Section C.5 construction Activities After New Home Construction.

0007 Deck Stairway Materials - This CLIN includes the supply of all deck stairway materials as specified in the Deck Stair Materials List, Attachment 4.

0008 Demobilization – This CLIN includes all costs to recover personnel and equipment from Galena.

0009 Shipping – This CLIN includes all shipping costs, for all materials, included in this contract.

HSFE10-14-R-5001 Section C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

The contractor shall furnish all equipment; labor and supervision needed to prepare home lots for construction of homes by volunteer organizations and in accordance with the attached Statement of Work entitled Construction Support for Home Rebuild & Repair Program dated 4/01/2014.

Work shall include clearing of trees and debris, hauling and placement of fill material, supply of materials construction of pads and access ways and certified survey of fill elevations. All work shall be in accordance with all applicable Federal, State and local codes and regulations. The contractor shall be responsible for obtaining all necessary permits and paying any associated fees.

This work shall not include the hauling of government supplied materials to the site.

HSFE10-14-R-5001 Section D

D-1

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

HSFE10-14-R-5001 Section E

E-1

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" contained in this document. 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

HSFE10-14-R-5001 Section F

F-1

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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.211-13 TIME EXTENSIONS SEP 2000

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

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

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB 1999

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

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 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 130 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 04/28/2014.

The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete each separate part or stage of the work within the time specified in the contract for that part or stage, or any extension, the Contractor shall pay to the Government as liquidated damages the following amounts:

Liquidated Damages for Each Day of Delay is: $1,262.24

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

HSFE10-14-R-5001 Section G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer:

Name: Daisy Joseph

Phone: 225-421-6353

Email: daisy.joseph@fema.dhs.gov

Contracting Officer's Technical Representative:

Name: To Be Determined

Phone:

Fax:

mailto:daisy.joseph@fema.dhs.gov

HSFE10-14-R-5001 Section H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[For this Solicitation, there are NO clauses in this Section]

HSFE10-14-R-5001 Section I

I-1

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" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.202-1 DEFINITIONS NOV 2013

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS SEP 2013

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011

ON RECYCLED PAPER

52.204-10 REPORTING EXECUTIVE COMPENSATION AND JUL 2013

FIRST-TIER SUBCONTRACT AWARDS

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM DEC 2012

NUMBER MAINTENANCE

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST AUG 2013

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010

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

FORMAT

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JUL 2013

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

I-2

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 VETERANS SEP 2010

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION AUG 2013

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

52.223-17 AFFIRMATIVE PROCUREMENT OF MAY 2008

EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

52.223-18 ENCOURAGING CONTRACTOR POLICIES AUG 2011

TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT DEC 2007

AND COPYRIGHT INFRINGEMENT

52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS DEC 2007

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 JAN 2012

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR OCT 1995

BONDS

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.228-15 PERFORMANCE AND PAYMENT BONDS-- OCT 2010

CONSTRUCTION

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION SEP 2002

CONTRACTS

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION OCT 2008

CONTRACTS

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- JUL 2013

SYSTEM FOR AWARD MANGAGEMENT

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013

OBLIGATIONS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

I-3

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

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

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR FEB 1997

CONSTRUCTION

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 2013

52.248-3 VALUE ENGINEERING--CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE APR 2012

GOVERNMENT (FIXED PRICE)

ALTERNATE I (SEPT 1996)

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

52.253-1 COMPUTER GENERATED FORMS JAN 1991

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, SEP 2012

AND RELEASES

3052.228-70 INSURANCE DEC 2003

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(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.

I-4

(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.

(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/content/table-small-business-size-standards.

(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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238910 assigned to contract number.

[Contractor to sign and date and insert authorized signer's name and title].

I.3 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control http://www.sba.gov/content/table-small-business-size-standards

I-5 where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

I.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the http://www.dol.gov/olms/regs/compliance/EO13496.htm

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Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause--http://www.biopreferred.gov/ http://www.sam.gov/

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"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to not applicable.

I.7 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010)

(a) Definitions. As used in this clause--

"Commercially available off-the-shelf (COTS) item"--

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

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

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

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

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

"Component" means any article, material, or supply incorporated directly into construction material.

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

"Cost of components" means--

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Unit of Unit of Price Construction material description Measure Quantity (dollars)* Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

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

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I.8 52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds--

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

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

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

I.9 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.10 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

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(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;

and

(3) Enforce all warranties for…