Area A Power RFP HSHQDC-08-R-00070.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

V447026N

Department of Homeland Security

Office of Procurement Operations

Departmental Operations Division

Room 3051-65, Attn: Paula Nusbaum

DHS/OPO/DEPT.OPS

245 Murray Lane, SW, Bldg 410

Washington DC 20528

Department of Homeland Security

Office of Procurement Operations

245 Murray Lane, SW, Bldg 410

Washington, DC 20528

Paula Nusbaum 202-447-5580

AREA A POWER

x

08/08/2008

HSHQDC-08-R-00070

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

The Department of Homeland Security (DHS), Federal Emergency Management Agency

(FEMA), Mount Weather Emergency Operations Center (MWEOC) requires labor, material, and equipment for the upgrade of Mount Weather's Area A electrical infrastructure.

The Magnitude of the Construction Project is estimated to be more than

$10,000,000.00.

The Designer of Record for this contract is Cervantes and Associates.

This is a Firm-Fixed Price Contract.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYS

YES NO

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

14 540 calendar days and complete it within calendar days after receiving

Section F1

09/12/2008

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by

(hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY

CODE

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

PAGE OF

Department of Homeland Security

Office of Procurement Operations

Departmental Operations Division

Room 3051-65, Attn: Paula Nusbaum

DHS/OPO/DEPT.OPS

245 Murray Lane, SW, Bldg 410

Washington DC 20528

Johnnie Lewis-Banks

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

HSHQDC-08-R-00070

FOB: Destination

0001 Area A Power 1 LS

NSN 7540-01-152-8067

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION C - STATEMENT OF WORK

C-1 The Contractor shall furnish and install a new generator building and site distribution in accordance with Attachment A - Specifications and Attachment B - Drawings.

C-2 The work includes, but is not limited to, building construction, sitework, site and building electrical installation, HVAC, plumbing, fuel distribution and fire protection.

C-3 Required work for this contract is to be performed within and including the limits of disturbance, clearing, and grading as shown on drawings. Use applicable drawings and specifications for guidance.

C-4 The Contractor is to furnish, deliver and install four generators and the equipment necessary to facilitate a fully operational system as shown on the drawings.

C-5 The building systems and layouts must be compatible with the generators submitted.

See Attachment A - Specification Section 01600 Product Requirements.

C-6 The Contractor shall also perform the following work, which is not show on the drawings:

The Contractor shall furnish and install a new fuel line and control wiring for fuel extension from new generator building to fill station located between Bldg. 411 and Handhole #11. The Fill station is located inside a high-voltage electric fence and the Contractor shall pre-coordinate this work with the COTR.

Path: New ¾ HP pump inside of Generator Building at approximately A3 grid location.

See M-310 on Part 3 plans. Use new fuel trench as shown on S-101. Extend trench to building exterior at approximately A5 grid location. New trench to new handhole adjacent to new electric manhole #5A. See C-009 and E-003 on Part 2 plans. The new fuel line is to follow the new electric ductbank to new electric manhole #11. See E-004 on Part 2 plans. Install new fuel line and control line to fill station between Building 411 and new MH #11 which is a distance of approximately 150 feet. Use new comm pipe for control wiring from new building to MH #11.

Requirements for the new fuel line include:

1. Use 3/4” control wiring.

2. Use 1” fuel line in containment per code.

3. Install 3 backflow preventers in handholes equally spaced in new path.

4. Pump: Fuel Management Systems size 202, 100psi, 208 3-phase with double simplex stainers or approved equal.

The Contractor shall submit shop drawings for the fuel line installation and the manufacturer's specification for the pump.

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SECTION D - PACKAGING AND MARKING

D-1 Marking

All information submitted to the Government, whether submitted electronically, through the postal system, or in person, shall clearly indicate the project title, contract number and the names of the Contracting Officer (CO) and Contracting Officer's Technical Representative

(COTR).

D-2 Payment of Postage and Fees

All postage and fees related to submitting information including forms, reports, submittals, etc., to the CO or the COTR shall be paid by the Contractor.

HSHQDC-08-R-00070 Page 5 of 40

SECTION E - INSPECTION AND ACCEPTANCE

E-1 FAR Clause Incorporated by Reference

The following clause is incorporated by reference:

FAR 52.246-12 Inspection of Construction (Aug 1996)

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SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR Clauses Incorporated in Full-Text

The following clauses are incorporated in full-text:

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work not later than 540 calendar days after the date of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

FAR 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 fifteen (15%) percent of the total amount of work to be performed under this 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.

F-2 FAR Clauses Incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ and http://farsite.hill.af.mil/VFHSAR1.htm.

The following clauses are incorporated by reference:

FAR 52.211-13 Time Extensions FAR 52.242-14 Suspension of Work (Apr 1984)

F-3 Place of Performance

All work shall be performed at the following location:

Mount Weather Emergency Operations Center 19844 Blue Ridge Mountain Road Mount Weather, Virginia 20135

F-4 Work Hours

Work shall be accomplished during the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized in writing by the COTR.

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F-5 Legal Holidays

The U.S. Department of Homeland Security personnel observe the following days and holidays:

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

Any other day designated by Federal statue, by Executive Order or by the President's proclamation.

When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract.

Except for designated around-the-clock or emergency operations, contractor personnel will not be able to perform on-site under this contract on the holidays set forth above. The Contractor shall not charge any holiday as a direct charge to the contract. In the event contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In the event DHS grants administrative leave to its Government employees at the site, on-site contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient staff personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instruction issued by the Contracting Officer and/or COTR. In each instance when the site is closed to contractor personnel as a result of inclement weather, potentially hazardous conditions, or other special circumstances; the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies.

F-6 Delivery of Materials

The Contractor shall arrange deliveries of materials in accordance with their construction schedule. The Contractor shall coordinate deliveries with the COTR to avoid conflict with work and conditions at the site.

Deliveries to Mount Weather are permitted between the hours of 7:00 a.m. and 4:00 p.m, Monday through Friday, provided that parking and other Government activities are not disrupted. When the COTR determines the deliveries will be disruptive, deliveries may be scheduled during the weekend hours with a minimum notification of 48 hours. All deliveries must be scheduled with the COTR a minimum of 48 hours in advance of the delivery.

HSHQDC-08-R-00070 Page 8 of 40

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Preconstruction Conference

A Preconstruction Conference will be held no later than 14 calendar days after contract award.

At a minimum the Contractor's Program Manager and Superintendent will be required to attend the Preconstruction Conference. The Conference will be held at Mount Weather and will be coordinated by the Contracting Officer after contract award.

G-2 Invoices

In addition to the FAR clauses 52.232-5 Payments under Fixed-Price Construction Contracts and 52.232-27 Prompt Payment for Construction Contract incorporated in Section I, the Contractor is to adhere to the following procedures when submitting invoices:

When a Contractor is preparing an invoice for submission, the Contractor shall first send a draft invoice to the CO and COTR for a simultaneous review. The CO will provide consolidated comments to the Contractor on that invoice within 5 calendar days.

After the Contractor receives approval from the CO and COTR on the draft invoice, the Contractor shall submit a final invoice to the address specified in Block 27 of the SF1442. The Contractor shall also submit an electronic copy of the invoice to the CO and COTR.

When submitting the final invoice, the Contractor is required to submit payroll information for all personnel performing work under this contract. The Contractor is required to submit payrolls for both employees of the prime contractor and any subcontractors. The CO will not approve a progress payment invoice if there are missing payrolls for the time period covered in the invoice.

G-3 Progress Meetings

The Contractor shall be available to meet with the COTR and the Contracting Officer upon request and on a biweekly basis to present deliverables, discuss progress, exchange information and resolve emerging technical problems and issues. These meetings shall take place at Mount Weather or via teleconference.

G-4 Contracting Officer/Contract Specialist Contact Information

The Contracting Officer (CO) is:

Johnnie Lewis-Banks Department of Homeland Security Office of Procurement Operations Departmental Operations Division 245 Murray Lane, SW, Bldg 410 Mail Stop 0350 Washington, D.C. 20528 Phone: 202-447-5583 Fax: 202-447-5545 E-mail: johnnie.lewis-banks@dhs.gov

HSHQDC-08-R-00070 Page 9 of 40

The Contract Specialist (CS) is:

Paula Nusbaum Department of Homeland Security Office of Procurement Operations Departmental Operations Division 245 Murray Lane, SW, Bldg 410 Mail Stop 0350 Washington, DC. 20528 Phone: 202-447-5580 Fax: 202-447-5545 E-mail: paula.nusbaum@dhs.gov

G-5 Contracting Officer's Technical Representative Contact Information

The Contracting Officer's Technical Representative (COTR) is:

Name: TBD* Department of Homeland Security Federal Emergency Management Agency Mount Weather Emergency Operations Center 19844 Blue Ridge Mountain Road Mount Weather, VA 22611 Phone: TBD Fax: TBD E-mail: TBD

* The COTR's contact information will be incorporated into the awarded contract.

HSHQDC-08-R-00070 Page 10 of 40 mailto:paula.nusbaum@dhs.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Davis-Bacon Rates

The FAR Clause 52.222-6 Davis-Bacon Act (Jul 2005) is incorporated into Section I of this contract. Attachment C - Davis-Bacon Wage Determination VA070048 incorporates the wages for Loudoun County into this contract.

The Government reserves the right to perform labor rate compliance reviews at any time during the performance of the contract to verify that personnel are being paid the minimum Davis- Bacon wage.

H-2 Mount Weather Security Access Procedures

Each individual entering the Mount Weather facility must follow the security procedures outlined in Attachment D - Area A Access Policy for the MWEOC.

The Contractor shall submit the form included as Attachment E - Mount Weather Access Application within 48 hours prior to reporting onsite at Mount Weather.

H-3 Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about agency programs, projects, and contract awards need to be cleared by the Program Office and the Contracting Officer. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services

H-4 Supervision of Contractor's Employees The Government shall not exercise any supervision or control over the Contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the Contractor, who in turn is responsible to the Government.

Personnel assigned to render services under this contract shall at all times be employees of the Contractor and under the direction and control of the Contractor. Notwithstanding any other provisions of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

During all times on Government premises, the Contractor's personnel shall comply with the rules and regulations governing conduct of personnel and operation of the facility.

H-5 Environmental Impact All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the Contractor and by their subcontractors in accordance with all applicable Federal, state, and Local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered

HSHQDC-08-R-00070 Page 11 of 40

Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the Contractor or any subcontractor regarding removal or disposal of any hazardous waste, the Contractor shall reimburse the Government for all such liability.

H-6 Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COTR, in writing, giving pertinent details.

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SECTION I - CONTRACT CLAUSES

I-1 FAR Clauses Incorporated by Reference

FAR 52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ and http://farsite.hill.af.mil/VFHSAR1.htm.

FAR Clauses Incorporated by Reference Clause Title Date 52.202-1 Definitions Jul 2004 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees Apr 1984 52.203-7 Anti-Kickback Procedures Jul 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Jan 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity Jan 1997 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions Sep 2005

52.204-4 Printed or Copied Double-Sided on Recycled Paper Aug 2000 52.204-7 Central Contractor Registration Jul 2006 52.204-9 Personal Identify Verification of Contractor Personnel Nov 2006 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Sep 2006

52.215-2 Audit and Records - Negotiation Jun 1999 52.215-8 Order of Precedence - Uniform Contract Format Oct 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns Jul 2005

52.219-8 Utilization of Small Business Concerns May 2004 52.219-9 Small Business Subcontracting Plan Sep 2006 52.219-16 Liquidated Damages - Subcontracting Plan Jan 1999 52.219-25 Small Disadvantaged Business Participation Program -

Disadvantaged Status and Reporting Oct 1999

52.222-1 Notice to the Government of Labor Disputes Feb 1997 52.222-3 Convict Labor Jun 2003 52.222-6 Davis-Bacon Act Jul 2005 52.222-7 Withholding of Funds Feb 1998 52.222-8 Payrolls and Basic Records Feb 1988 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) Jul 2005 52.222-12 Contract Termination - Debarment Feb 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations Feb 1988 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility Feb 1988 52.222-21 Prohibition of Segregated Facilities Feb 1995 52.222-26 Equal Opportunity Mar 2007

HSHQDC-08-R-00070 Page 13 of 40

52.222-27 Affirmative Action Compliance Requirements for

Construction Feb 1999

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of Vietnam, and Other Eligible Veterans

Sep 2006

52.222-36 Affirmative Action for Workers with Disabilities Jun 1998 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of Vietnam Era, and Other Eligible Veterans Sep 2006

52.223-5 Pollution Prevention and Right-to-Know Information Aug 2003 52.223-6 Drug-Free Workplace May 2001 52.223-14 Toxic Chemical Release Reporting Aug 2003 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.225-13 Restriction on Certain Foreign Purchases Feb 2006 52.227-1 Authorization and Consent Jul 1995 52.227-4 Patent Indemnity - Construction Contracts Apr 1984 52.227-14 Rights in Data - General - Alternative IV Jun 1987 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance - Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Feb 1992 52.228-12 Prospective Subcontractor Requests for Bonds Oct 1995 52.228-14 Irrevocable Letter of Credit Dec 1999 52.228-15 Performance and Payment Bonds - Construction Nov 2006 52.229-3 Federal, State, and Local Taxes Apr 2003 52.232-5 Payments under Fixed-Price Construction Contracts Sep 2002 52.232-16 Progress Payments Apr 2003 52.232-17 Interest Nov 1996 52.232-23 Assignment of Claims Jan 1986 52.232-27 Prompt Payment for Construction Contracts Sep 2005 52.232-33 Payment by Electronic Funds Transfer - Central Contractor

Registration Oct 2003

52.233-1 Disputes - Alternative I Jul 2002 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984

52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention – Alternative I Nov 1991 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction - Alternative I Feb 1997

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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 Mar 2007 52.245-9 Use and Charges Jun 2007 52.246-21 Warranty of Construction - Alternative I Mar 1994 52.248-3 Value Engineering - Construction Sep 2006 52.249-2 Termination for Convenience of the Government

(Fixed-Price) - Alternative I May 2004

52.249-10 Default (Fixed-Price Construction) Apr 1984 Homeland Security Acquisition Regulation (HSAR) Clauses Incorporated by Reference 3052.211-70 Index for Specifications Dec 2003 3052.219-70 Small Business Subcontracting Plan Reporting Jun 2006 3052.222-70 Strikes or Picketing Affecting Timely Completion of

Contract Work Dec 2003

3052.228-70 Insurance Dec 2003 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility Dec 2003 3052.242-71 Dissemination of Contract Information Dec 2003 3052.242-72 Contracting Officer's Technical Representative Dec 2003

I-2 Clauses Incorporated in Full-Text

The following clauses are incorporated in full-text:

FAR 52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

FAR 52.211-12 Liquidated Damages—Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $476.62 for each calendar day of delay until the work is completed or accepted.

(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.

(End of Clause)

FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

(a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, and Wake Island.

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(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151- 188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

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(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor- Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, 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.

(End of Clause)

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FAR 52.225-11 Buy American Act - Construction Materials under Trade Agreements (Nov 2006)

(a) Definitions. As used in this clause— “Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

HSHQDC-08-R-00070 Page 18 of 40

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

“Domestic construction material” means—

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

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

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

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

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

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition.

Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

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(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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)(4) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction

HSHQDC-08-R-00070 Page 20 of 40 material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

FAR 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 $3,000,000.00 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

HSHQDC-08-R-00070 Page 21 of 40 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.

(End of Provision)

HSAR 3052.204-71 Contractor Employee Access (Jun 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of S SI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer.

Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.