PR-CI-09-10374.pdf

United States Environmental Protection Agency Cincinnati Procurement Operations Division

Cincinnati, Ohio 45268

April 23, 2009

SUBJECT: Request for Proposals (RFP) No. PR-CI-09-10374 Construction of a New WetLab Pier to Replace the Existing WetLab Pier at the U.S. EPA National Health and Environmental Effects Research Laboratory (NHEERL) in Gulf Breeze, Florida

FROM: Scott Tharp Contracting Officer

TO: Prospective Offerors

Subject RFP consists of the following documents, all of which have been posted in PDF format to the Fedbizopps website at www.fedbizopps.gov

S The Request for Proposal (RFP) documents, consisting of the Standard Form 1442 proposal form and Sections B through M, and this Cover Letter.

S Attachments 1 through 5.

SPECIAL NOTICE REGARDING PAST PERFORMANCE

INFORMATION:

Past Performance will be the primary non-price evaluation factor under this solicitation.

Each offeror (Prime Contractor) shall request its past performance references to complete and submit to the U.S. EPA Contracting Officer the attached Past Performance Questionnaire via fax by the closing time and date identified in Block 13 on page 1 of the Standard Form 1442.

Each offeror Subcontractor that will perform greater than $100,000 of the work shall request the Subcontractor past performance references to complete and submit to the U.S.

EPA Contracting Officer the attached Past Performance Questionnaire via fax not later than three (3) calendar days after the closing time and date identified in Block 13 on page 1 of the Standard form 1442.

RFP PR-CI-09-10374

Cover Letter

Before forwarding the Questionnaire to references (Prime Contractor and/or Sub- Contractor), please be sure to enter the Contract Information at the top of the Questionnaire form to identify the specific project which the reference is rating.

SITE VISIT: An organized site visit will be conducted on Wednesday, May 6, 2009 at 10:00 am CDT. Please confirm your intent to attend the site visit by contacting Mr. Clay Peacher via Telephone at (850) 934-9239.

This solicitation shall result in a single award. Proposals shall be submitted to the Contracting Officer by the closing time and date specified in Block 13 of the Standard Form 1442. See the Section L provision “Proposal Instructions” for information to be included in the proposal.

Proposals shall be submitted in accordance with the instructions in the Section L provision entitled “ADDRESS OFFER TO:”.

The Government intends to evaluate proposals and award a contract without discussions with offerors (except communications conducted for the purpose of clarification in accordance with FAR 15.306 (a)). Therefore, each initial offer should contain the offeror’s best terms. For purposes of proposal evaluation, past performance, when combined, is approximately equal in importance to price.

To ensure the submission of a complete proposal, please pay particular attention to the following:

1. Have you completed Blocks 14, 15, 16, 17, 19, 20A, 20B, and 20C on page 2 of the

SF- 1442?

2. Have you acknowledged, in Block 19 of the SF-1442, receipt of all amendments (if any) issued to the RFP?

3. Have you signed and dated your offer (Blocks 20B and 20C on Page 2 of the Standard Form 1442)?

4. Are all items and amounts included in Section B.2 Clause Entitled “Identification of Services and Price”?

5. As noted above, completed Past Performance Questionnaires are to be submitted by references DIRECTLY to the U.S. EPA Contracting Officer via fax (513) 487-2107.

6. Have you signed and submitted your proposal to the appropriate addresses identified in provision L.15 entitled “ADDRESS OFFER TO”?

7. Does your bid guarantee conform to the requirements of the Section I clause entitled

RFP PR-CI-09-10374

Cover Letter

BID GUARANTEE, and the Section L provision entitled SUBMISSION OF ORIGINAL BID GUARANTEE? Note that the bid guarantee shall be in the amount of 20% of the total bid price (i.e., the price of the Base Bid Item plus prices for all Alternate Bid Items),or $3,000,000, whichever is less. As noted in the Section L provision, SUBMISSION OF ORIGINAL BID GUARANTEE, the Government will not accept a facsimile bid guarantee. FAILURE TO SUBMIT THE ORIGINAL BID GUARANTEE

BY THE TIME SET FOR RECEIPT OF OFFERS MAY RESULT IN REJECTION OF

THE OFFER.

8. Does your proposal include a completed copy of Section K requirements?

9. Have you entered your total proposed price as instructed in provision L.14 entitled

“PROPOSAL INSTRUCTIONS”?

Any questions pertaining to this solicitation should be directed to me via Telephone (513) 487- 2092, Fax (513) 487-2107, or Email Tharp.Scott@epa.gov.

Sincerely, Scott Tharp Scott Tharp Contracting Officer

Replace Wetlab Pier PR-CI-09-10374

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

PR-CI-09-10374

2. TYPE OF SOLICITATION

[] SEALED BID (IFB)

[X] NEGOTIATED (RFP)

3. DATE ISSUED

4/23/2009

PAGE OF PAGES

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SEE SECTION L.15 PROVISION ENTITLED

“ADDRESS OFFER TO”

FOR MAILING ADDRESSES

Environmental Protection Agency Cincinnati Procurement Operations Division 4411 Montgomery Road Norwood, OH 45212

9. FOR

INFORMATION

A. NAME

DENIS SCOTT THARP

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 513-487-2092

SOLICITATION

NOTE: In sealed bid solicitation “offer” and “offeror” mean “bid” and “bidder”

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

CONSTRUCTION OF A NEW WETLAB PIER TO REPLACE THE

EXISTING WETLAB PIER AT THE

U.S. ENVIRONMENTAL PROTECTION AGENCY

NATIONAL HEALTH AND ENVIRONMENTAL EFFECTS RESEARCH

LABORATORY

ONE SABINE ISLAND DRIVE

GULF BREEZE, FL 32561

ESTIMATED PRICE RANGE: Between $500,000 and $1,000,000

Any award resulting from this solicitation shall be issued pursuant to the Small Business Competitiveness Demonstration Program

This is an unrestricted acquisition. All responsible sources may submit an offer.

11. The Contractor shall begin performance within 15 calendar days and complete it within ** calendar days after receiving [ ] award, [X ] notice to proceed. This performance period is [X ] mandatory, [ ] negotiable. (See Section F, Clause F.2 .)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

[X] YES [ ] NO Required if contract exceeds $25,000 - See Section I clause

“PERFORMANCE AND PAYMENT BONDS”

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 03:00 PM EDT (hour) local time 5/29/2009 (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, and the date and time offers are due.

B. An offer guarantee [X] 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 then 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

Replace Wetlab Pier PR-CI-09-10374

OFFER (Must be fully completed by offeror)

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

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 re-quirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS SEE SECTION B.2 Clause ENTITLED “IDENTIFICATION OF SERVICES AND PRICE”

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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

See Clause B.1

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

U.S. Environmental Protection Agency RTP-Finance Center (D143-02) 109 T.W. Alexander Drive Durham, NC 27711

Environmental Protection Agency Cincinnati Procurement Operations Division 26 W. Martin Luther King Drive Cincinnati, OH 45268

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

[ ] 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by refer-ence in or attached to this contract.

[ ] 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates 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

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

PR-CI-09-10374

TABLE OF CONTENTS

PART I - THE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . Page B-1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS . . . . . . . . . . Page B-1 B.1 ACCOUNTING AND APPROPRIATION DATA . . . . . . . . . . . . Page B-1 B.2 IDENTIFICATION OF SERVICES AND PRICE . . . . . . . . . . Page B-1

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

C.1 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND

SERVICES (EP-S 97-1) (MAY 1999) . . . . . . . . . . . . . Page C-1

SECTION D - PACKAGING AND MARKING . . . . . . . . . . . . . . . . . . Page D-1 [For this Solicitation, there are NO clauses in this Section] . Page D-1

SECTION E - INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . Page E-1 E.1 NOTICE Listing Contract Clauses Incorporated by Reference

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page E-1

SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . . Page F-1 F.1 NOTICE Listing Contract Clauses Incorporated by Reference

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page F-1

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

(APR 1984) . . . . . . . . . . . . . . . . . . . . . . . Page F-1

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

G.1 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page G-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . . Page H-1 H.1 NOTICE Listing Contract Clauses Incorporated by Reference

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page H-1

H.2 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY

1994) ALTERNATE I (MAY 1994) . . . . . . . . . . . . . . Page H-1

H.3 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.209-76) (OCT 2002)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page H-2

H.4 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR

1552.235-79) (APR 1996) . . . . . . . . . . . . . . . . . Page H-4 H.5 SAMPLES AND CERTIFICATES (EPAAR 1552.236-70) (APR 1984) . Page H-6

H.6 GOVERNMENT PROJECT OFFICER (CONSTRUCTION) (LOCAL LC-36-16) (DEC

2001) . . . . . . . . . . . . . . . . . . . . . . . . . . Page H-6

H.7 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (LOCAL LRT-28-15)

(DEC 2001) . . . . . . . . . . . . . . . . . . . . . . . Page H-6 H.8 UTILITY SERVICES . . . . . . . . . . . . . . . . . . . . Page H-7 H.9 ON-SITE REPRESENTATIVE . . . . . . . . . . . . . . . . . Page H-7 H.10 FEDERAL HOLIDAYS . . . . . . . . . . . . . . . . . . . . Page H-7 H.11 CLEARANCE REQUIREMENTS FOR ON-SITE CONTRACTOR PERSONNEL . Page H-8

H.12 AGENCY PERSONAL IDENTITY VERIFICATION PROCEDURES FOR CONTRACTOR

PERSONNEL (OCT 2006) . . . . . . . . . . . . . . . . . Page H-10 H.13 ID PASSES AND PARKING PERMITS . . . . . . . . . . . . . Page H-14

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

SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . Page I-1 I.1 NOTICE Listing Contract Clauses Incorporated by Reference

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-1

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

(JUN 2007) . . . . . . . . . . . . . . . . . . . . . . . Page I-2

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-4

I.4 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES

OR FEES (DEC 2004) (FAR 52.222-39) (DEC 2004) . . . . . . Page I-4

I.5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5)

(AUG 2003) . . . . . . . . . . . . . . . . . . . . . . . Page I-7

I.6 BUY AMERICAN ACT -- CONSTRUCTION MATERIALS (FAR 52.225-9) (FEB

2009) . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-7

I.7 NOTICE OF BUY AMERICAN ACT REQUIREMENT -- CONSTRUCTION MATERIALS

(FAR 52.225-10) (FEB 2009) . . . . . . . . . . . . . . Page I-11 I.8 BID GUARANTEE (FAR 52.228-1) (SEP 1996) . . . . . . . . Page I-12

I.9 IRREVOCABLE LETTER OF CREDIT (FAR 52.228-14) (DEC 1999)

. . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-12

I.10 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (FAR 52.228-15) (NOV

2006) . . . . . . . . . . . . . . . . . . . . . . . . . Page I-16

I.11 SUBCONTRACTS FOR COMMERCIAL ITEMS (FAR 52.244-6) (FEB 2009)

. . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-17

I.12 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

. . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-18

I.13 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

. . . . . . . . . . . . . . . . . . . . . . . . . . . Page I-19

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

SECTION J - LIST OF ATTACHMENTS . . . . . . . . . . . . . . . . . . . Page J-1 J.1 LIST OF ATTACHMENTS (EP 52.252-100) (APR 1984) . . . . . Page J-1

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

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page K-1

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (FEB

2009) DEVIATION . . . . . . . . . . . . . . . . . . . . . Page K-1

K.2 SMALL BUSINESS PROGRAM REPRESENTATIONS . . . . . . . . . Page K-4

K.3 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR 1552.209-

72) (APR 1984) . . . . . . . . . . . . . . . . . . . . . Page K-5

K.4 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE

PROPRIETORS AND PRIVACY ACT STATEMENT (EPAAR 1552.224-70) (APR

1984) . . . . . . . . . . . . . . . . . . . . . . . . . . Page K-6

K.5 DUNS AND TAX IDENTIFICATION NUMBERS: . . . . . . . . . . Page K-6 K.6 SIGNATURE BLOCK (EP 52.299-900) (APR 1984) . . . . . . . Page K-6

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS . . . . Page L-1 L.1 NOTICE Listing Contract Clauses Incorporated by Reference

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page L-1 L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984) DEVIATION . . Page L-1

L.3 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (FAR 52.222-5) (JUL

2005) . . . . . . . . . . . . . . . . . . . . . . . . . . Page L-1

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (FAR 52.222-23)

(FEB 1999) . . . . . . . . . . . . . . . . . . . . . . . Page L-2 L.5 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006) . . . . . . Page L-3

L.6 SITE VISIT (CONSTRUCTION) (FAR 52.236-27) (FEB 1995) ALTERNATE I

(FEB 1995) . . . . . . . . . . . . . . . . . . . . . . . Page L-3

L.7 PREPARATION OF PROPOSALS--CONSTRUCTION (FAR 52.236-28) (OCT 1997)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page L-4 L.8 SUBMISSION OF ORIGINAL BID GUARANTEE . . . . . . . . . . Page L-4

L.9 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)

(FEB 1998) . . . . . . . . . . . . . . . . . . . . . . . Page L-4

L.10 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (APR 1984)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page L-5

L.11 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-

70) (APR 1984) . . . . . . . . . . . . . . . . . . . . . Page L-5

L.12 IDENTIFICATION OF SET-ASIDE/8A PROGRAM APPLICABILITY (EP 52.219-

100) (FEB 1991) . . . . . . . . . . . . . . . . . . . . . Page L-5

L.13 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS (EPAAR 1552.233-

70) (JUL 1999) . . . . . . . . . . . . . . . . . . . . . Page L-6 L.14 PROPOSAL INSTRUCTIONS . . . . . . . . . . . . . . . . . . Page L-6 L.15 ADDRESS OFFER TO: . . . . . . . . . . . . . . . . . . . . Page L-8

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

M.1 EPA SOURCE EVALUATION AND SELECTION PROCEDURES--NEGOTIATED

PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999) . . . . . . . Page M-1

M.2 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)

ALTERNATE II (AUG 2000) . . . . . . . . . . . . . . . . . Page M-1

STATEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1-1

DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2-1

DAVIS BACON WAGE DETERMINATION . . . . . . . . . . . . . . . . . . . Page 3-1

PAST PERFORMANCE QUESTIONNAIRE . . . . . . . . . . . . . . . . . . . Page 4-1

SF-24 BID BOND FORM . . . . . . . . . . . . . . . . . . . . . . . . . Page 5-1

Page B-1 of 2

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ACCOUNTING AND APPROPRIATION DATA

To be entered at Time of Award.

B.2 IDENTIFICATION OF SERVICES AND PRICE

Payment for work performed under this contract shall be based on the following prices, which shall constitute complete compensation for all labor, material, equipment, services, and bonds necessary for completing work in conformance with all contract requirements. See Section C for further information on performance of services.

Firm Estimated Fixed

Item No. / Description Quantity Unit Price

Base Bid 1 Job $ __________ Replacement of the WetLab Pier for the EPA Gulf Breeze, FL Laboratory in accordance with the attached Specifications and Drawings, excluding work associated with the Add Alternate Bid described below.

ALTERNATE BID ITEMS:

The prices shown for the following alternate bid item, if accepted by the Government at the time of contract award, shall be added to or subtracted from the Base Bid Item price for purposes of determining the total contract price.

The alternate bid item is described in the Specifications and Drawings. For the alternate bid item, if not included in the initial contract award, the Government has the option of unilaterally modifying the contract to include such bid item at the price identified below, provided that any such contract modification is issued not later than 90 calendar days after the date the Contractor receives the notice to proceed for the contract.

The 1-year contract performance period identified in Clause F.2 of the contract shall apply regardless if the Alternate Bid Item is included at time of contract award or added through a subsequent unilateral modification to the contract, provided that the modification is issued within the time frame identified above.

Add Alternate Bid 1 Job $ __________

Page B-2 of 2

Increase to Base Bid Amount to Demolish and Dispose of the Existing WetLab Pier at the EPA Gulf Breeze, FL Laboratory in accordance with the attached Specifications and Drawings.

Page C-1 of 1

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

(EP-S 97-1) (MAY 1999)

(a) Executive Order 13101 of September 14, 1998, entitled “Greening the Government through Waste Prevention, Recycling, and Federal Acquisition” and Section 6002 of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6962, Pub L. 94-580, 90 Stat. 2822) require Federal agencies to procure designated items with the highest recovered materials content practicable.

(b) In the performance of this contract, the Contractor shall comply with the requirements of the following issuances:

(1) Title 40 of the Code of Federal Regulations, Part 247, Comprehensive Guideline for Procurement of Products Containing Recovered Materials (CPG), which designates items that are or can be made with recovered materials, and its companion pieces, the Recovered Materials Advisory Notices (RMANs). The CPG and RMANs provide recommended procurement practices, including recommended recovered material content levels, for purchasing products designated in the CPG. The Contractor shall comply with these recommendations, and such other CPG revisions and RMANs as the Environmental Protection Agency (EPA) may issue with respect to the procurement of products that contain recovered materials.

(Copies of the CPG or RMANs, as well as information on manufacturers and vendors of designated items may be obtained by calling EPA’s RCRA Hotline at

(800) 424-9346, or, in the Washington, D.C., metropolitan area, at (703) 412- 9810.)

(2) In complying with the requirements of paragraph (b), the Contractor shall coordinate its concerns and program guidance with EPA’s Recycling Coordinator.

(c) The Contractor shall prepare and submit reports on the purchase of products containing recovered materials from time to time in accordance with written direction (e.g., in specified format) from the EPA Recycling Coordinator through the Contracting Officer. Reports shall be submitted to the EPA Recycling Coordinator, with a copy to the Contracting Officer, Mail Code 3204, Washington, D.C. 20460.

Page D-1 of 1

SECTION D - PACKAGING AND MARKING

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

Page E-1 of 1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE Listing Contract Clauses Incorporated by Reference

NOTICE:

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

Page F-1 of 1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE Listing Contract Clauses Incorporated by Reference this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.242-14 APR 1984 SUSPENSION OF WORK

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

1984)

The Contractor shall be required to (a) commence work under this contract within 15 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 one (1) year after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Page G-1 of 1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)

Project Officer(s) for this contract:

Project Officer:

TO BE IDENTIFIED AT TIME OF CONTRACT AWARD

Contract Specialist(s) responsible for administering this contract:

Administrative Contracting Officer:

TO BE IDENTIFIED AT TIME OF CONTRACT AWARD

Page H-1 of 15

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE Listing Contract Clauses Incorporated by Reference this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.236-2 APR 1984 DIFFERING SITE CONDITIONS

52.236-3 APR 1984 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK

52.236-5 APR 1984 MATERIAL AND WORKMANSHIP

52.236-6 APR 1984 SUPERINTENDENCE BY THE CONTRACTOR

52.236-7 NOV 1991 PERMITS AND RESPONSIBILITIES

52.236-8 APR 1984 OTHER CONTRACTS

52.236-9 APR 1984 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10 APR 1984 OPERATIONS AND STORAGE AREAS

52.236-11 APR 1984 USE AND POSSESSION PRIOR TO COMPLETION

52.236-12 APR 1984 CLEANING UP

52.236-13 NOV 1991 ACCIDENT PREVENTION

52.236-14 APR 1984 AVAILABILITY AND USE OF UTILITY SERVICES

52.236-15 APR 1984 SCHEDULES FOR CONSTRUCTION CONTRACTS

52.236-21 FEB 1997 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

H.2 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)

ALTERNATE I (MAY 1994)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) Prior to commencement of any work, the Contractor agrees to notify the Contracting Officer immediately that, to the best of its knowledge and belief, no actual or potential conflict of interest exists or to identify to the Contracting Officer any actual or potential conflict of interest the firm may have. In emergency situations, however, work may begin but notification shall be made within five (5) working days.

(c) The Contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Contractor will immediately make a full disclosure in writing to the Contracting Officer.

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This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict of interest. The Contractor shall continue performance until notified by the Contracting Officer of any contrary action to be taken.

(d) Remedies - The EPA may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting Officer.

H.3 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.209-76) (OCT 2002)

The contracting officer shall complete a Contractor Performance Report (Report) within ninety (90) business days after the end of each 12 months of contract performance (interim Report) or after the last 12 months (or less) of contract performance (final Report) in accordance with EPAAR 1509.170-5. The contractor shall be evaluated based on the following ratings:

0 = Unsatisfactory, 1 = Poor, 2 = Fair, 3 = Good, 4 = Excellent, 5 = Outstanding, N/A = Not Applicable.

The contractor may be evaluated based on the following performance categories:

Quality, Cost Control, Timeliness of Performance, Business Relations, Compliance with Labor Standards, Compliance with Safety Standards, and Meeting Small Disadvantaged Business Subcontracting Requirements.

(a) The contracting officer shall initiate the process for completing interim Reports within five (5) business days after the end of each 12 months of contract performance by requesting the project officer to evaluate contractor performance for the interim Report. In addition, the contracting officer shall initiate the process for completing final Reports within five

(5) business days after the last 12 months (or less) of contract performance by requesting the project officer to evaluate contractor performance for the final Report. The final Report shall cover the last 12 months (or less) of

Page H-3 of 15 contract performance. Within thirty (30) business days after the project officer receives a request from the contracting officer to complete an evaluation, the project officer shall:

(1) Complete a description of the contract requirements;

(2) Evaluate contractor performance and assign a rating for quality, cost control, timeliness of performance, compliance with labor standards, and compliance with safety standards performance categories (including a narrative for each rating);

(3) Provide any information regarding subcontracts, key personnel, and customer satisfaction;

(4) Assign a recommended rating for the business relations performance category (including a narrative for the rating); and

(5) Provide additional information appropriate for the evaluation or future evaluations.

(b) The contracting officer shall:

(1) Ensure the accuracy of the project officer's evaluation by verifying that the information in the contract file corresponds with the designated project officer's ratings;

(2) Assign a rating for the business relations and meeting small disadvantaged business subcontracting requirements performance categories (including a narrative for each rating).

(3) Concur with or revise the project officer's ratings after consultation with the project officer;

(4) Provide any additional information concerning the quality, cost control, timeliness of performance, compliance with labor standards, and compliance with safety standards performance categories if deemed appropriate for the evaluation or future evaluations (if any), and provide any information regarding subcontracts, key personnel, and customer satisfaction; and

(5) Forward the Report to the contractor within ten (10) business days after the contracting officer receives the project officer's evaluation.

(c) The contractor shall be granted thirty (30) business days from the date of the contractor's receipt of the Report to review and provide a response to the contracting officer regarding the contents of the Report. The contractor shall:

(1) Review the Report;

(2) Provide a response (if any) to the contracting officer on company letter head or electronically;

(3) Complete contractor representation information; and

(4) Forward the Report to the contracting officer within the designated

Page H-4 of 15 thirty (30) business days.

(d) The contractor's response to the Report may include written comments, rebuttals (disagreements), or additional information. If the contractor does not respond to the Report within the designated thirty (30) business days, the specified ratings in the Report are deemed appropriate for the evaluation period. In this instance, the contracting officer shall complete the Agency review and sign the Report within three (3) business days after expiration of the specified 30 business days.

(e) If the contractor submits comments, rebuttals (disagreements), or additional information to the contracting officer which contests the ratings, the contracting officer, in consultation with the project officer, shall initially try to resolve the disagreement(s) with the contractor.

(f) If the disagreement(s) is (are) not resolved between the contractor and the contracting officer, the contracting officer shall provide a written recommendation to one level above the contracting officer for resolution as promptly as possible, but no later than five (5) business days after the contracting officer is made aware that the disagreement(s) has (have) not been resolved with the contractor. The individual who is one level above the contracting officer shall:

(1) Review the contracting officer's written recommendation; and

(2) Provide a written determination to the contracting officer for summary ratings (ultimate conclusion for ratings pertaining to the performance period being evaluated) within five (5) business days after the individual one level above the contracting officer receives the contracting officer's written recommendation.

(g) If the disagreement is resolved, the contracting officer shall complete the Agency review and sign the Report within three (3) business days after consultation.

(h) The contracting officer shall complete the Agency review and sign the Report within three (3) business days after the contracting officer receives a written determination for summary ratings from one level above the contracting officer.

(i) An interim or final Report is considered completed after the contracting officer signs the Report. The contracting officer must provide a copy of completed Reports (interim and final) to the contractor within two (2) business days after completion.

H.4 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR

1552.235-79) (APR 1996)

(a) The Environmental Protection Agency (EPA) may find it necessary to release information submitted by the Contractor either in response to this solicitation or pursuant to the provisions of this contract, to individuals not employed by EPA. Business information that is ordinarily entitled to confidential treatment under existing Agency regulations (40 C.F.R. Part 2) may be included in the information released to these individuals.

Accordingly, by submission of this proposal or signature on this contract or

Page H-5 of 15 other contracts, the Contractor hereby consents to a limited release of its confidential business information (CBI).

(b) Possible circumstances where the Agency may release the Contractor's CBI include, but are not limited to the following:

(1) To other Agency contractors tasked with assisting the Agency in the recovery of Federal funds expended pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9607, as amended, (CERCLA or Superfund);

(2) To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising the Agency and representing the Agency in procedures for the recovery of Superfund expenditures;

(3) To parties liable, or potentially liable, for costs under CERCLA Sec. 107 (42 U.S.C. Sec. 9607), et al, and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement or litigation of claims against such parties;

(4) To other Agency contractors who, for purposes of performing the work required under the respective contracts, require access to information the Agency obtained under the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C.1251 et seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.);

(5) To other Agency contractors tasked with assisting the Agency in handling and processing information and documents in the administration of Agency contracts, such as providing both preaward and post award audit support and specialized technical support to the Agency's technical evaluation panels;

(6) To employees of grantees working at EPA under the Senior Environmental Employment (SEE) Program;

(7) To Speaker of the House, President of the Senate, or Chairman of a Committee or Subcommittee;

(8) To entities such as the General Accounting Office, boards of contract appeals, and the Courts in the resolution of solicitation or contract protests and disputes;

(9) To Agency contractor employees engaged in information systems analysis, development, operation, and maintenance, including performing data processing and management functions for the Agency; and

(10) Pursuant to a court order or court-supervised agreement.

(c) The Agency recognizes an obligation to protect the contractor from competitive harm that may result from the release of such information to a competitor. (See also the clauses in this document entitled "Screening Business Information for Claims of Confidentiality" and "Treatment of

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Confidential Business Information.") Except where otherwise provided by law, the Agency will permit the release of CBI under subparagraphs (1), (3), (4), (5), (6), or (9) only pursuant to a confidentiality agreement.

(d) With respect to contractors, 1552.235-71 will be used as the confidentiality agreement. With respect to Potentially Responsible Parties, such confidentiality agreements may permit further disclosure to other entities where necessary to further settlement or litigation of claims under CERCLA. Such entities include, but are not limited to accounting firms and technical experts able to analyze the information, provided that they also agree to be bound by an appropriate confidentiality agreement.

(e) This clause does not authorize the Agency to release the Contractor's CBI to the public pursuant to a request filed under the Freedom of Information Act.

(f) The Contractor agrees to include this clause, including this paragraph (f), in all subcontracts at all levels awarded pursuant to this contract that require the furnishing of confidential business information by the subcontractor.

H.5 SAMPLES AND CERTIFICATES (EPAAR 1552.236-70) (APR 1984)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.6 GOVERNMENT PROJECT OFFICER (CONSTRUCTION) (LOCAL LC-36-16) (DEC 2001)

The Government Project Officer identified in the Section G Clause “CONTRACT ADMINISTRATION REPRESENTATIVES” is authorized to make any interpretation as to the meaning of the specifications and drawings based on request therefor, and is responsible for ensuring conformance with the technical requirements of the contract. The Project Officer shall also approve all pre-final progress payment requests. However, the Project Officer is not authorized to make any commitments or changes which affect the contract price or other contract terms and conditions, as any such changes shall be immediately referred to the Contracting Officer for necessary action. Recommendation for final acceptance of work shall be by the Project Officer. Final acceptance of work shall be by the Contracting Officer, or his authorized representative.

H.7 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (LOCAL LRT-28-15) (DEC

2001)

The Contractor's insurance requirements of Clause 52.228-5, Insurance--Work on a Government Installation (JAN 1997), shall be as follows:

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At a minimum, the Contractor shall procure and maintain the following types and amounts of insurance:

(1) Workmen's compensation and occupational disease insurance in amounts sufficient to satisfy Federal and State laws;

(2) Employer's liability insurance of at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers;

(3) General liability insurance for bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence; and

(4) Automobile liability insurance written on the comprehensive form of policy providing for bodily injury and property damage liability covering the operation of all automobiles used in connection with performance of the contract of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.8 UTILITY SERVICES

As provided for under the clause entitled “Availability and Use of Utility Services” (FAR 52.236-14), existing water and electrical outlets may be used by the Contractor in performing the work under this contract. No utilities are available for construction offices or tool sheds. No office, shop or administrative services shall be provided to the Contractor. The designated electric and water service shall be provided free of charge to the Contractor.

H.9 ON-SITE REPRESENTATIVE

A Government On-Site Representative shall be designated at the time of contract award. The On-Site Representative shall be responsible for:

C Observing the progress and quality of Contractor operations on a daily basis, including coordinating matters relating to inspections and tests.

C Approving shop drawings and other submittals required by the specifications and drawings.

C Providing recommendations to the Project Officer and Contracting Officer relative to vouchers, claims, contract modifications, and final acceptance.

C Interpreting the specifications and drawings.

The On-Site Representative is not authorized to make any commitments or changes which affect the contract price or other contract terms and conditions. Any such changes shall be referred immediately to the Contracting Officer for necessary action.

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H.10 FEDERAL HOLIDAYS

The term “Federal holidays” as used in this contract shall mean only the following enumerated days and any other days hereafter declared National holidays by the President of the United States. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling on a Saturday will be observed on the preceding Friday.

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

H.11 CLEARANCE REQUIREMENTS FOR ON-SITE CONTRACTOR PERSONNEL

(NOTE: Except as otherwise noted below, this clause applies to all Contractor and subcontractor personnel who will not be working at the EPA facility for at least 24 hours a week for at least 6 months a year. Contractor and subcontractor personnel who will be working at the EPA facility for at least 24 hours a week for at least 6 months a year shall be subject to the requirements in the Section H clause “Agency Personal Identity Verification Procedures for Contractor Personnel” in lieu of the requirements of this clause.)

(a) Definitions: For purposes of this clause, “on-site” refers to any federally-owned or leased space and any commercial space primarily occupied by federal workers.

(b) Contractor employees working under this contract who will perform work on-site shall be subject to a background investigation prior to commencing work. The Contractor is responsible for conducting the background investigation and for screening unacceptable candidates from the proposed pool of on-site workers. To be valid for this contract, the background investigation must have been performed within the 30 calendar day period prior to the proposed on-site entry date. The Contractor shall maintain records associated with all background investigations and shall make them available for Government review upon demand, including a completed copy of Standard Form 85P, “Questionnaire for Public Trust Positions”, for each prospective on-site worker. (This Form can be obtained on the GSA website at the following address: http://www.gsa.gov/Portal/gsa/ep/home.do?tabId=6.)

(Note: Contractor and subcontractor personnel required to work on-site for 5 days or less, throughout the period of performance under this contract, are not subject to the background investigation requirements of this clause, but shall be escorted by, or work in the line of sight of, Contractor or EPA employees who have been authorized by the Project Officer.)

(c) Each background investigation shall include the following:

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(1) Reference checks with prior employers for the preceding five (5) years.

(2) Social Security Number check.

(3) Criminal background check for the counties and states where the individual actually lived/worked during the previous three years.

(4) Civil court records check for the counties and states where the individual actually lived/worked during the previous three years.

(5) Motor Vehicle Records check, including driver history and clear license.

(6) Credit check.

(7) Drug testing, consisting of a 5-panel screen for amphetamines, marijuana, cocaine, opiates, and PCP.

(8) Verification that the individual meets the education, experience, training, and licensing requirements stipulated in the contract.

(9) Verification that the individual has passed all physical examination requirements stipulated in the contract.

(d) The Contractor shall submit a written statement to the Project Officer certifying that the background investigation identified in paragraph (c) above has been completed, and that the individual poses no known risk to other persons or to Government facilities or property. The individual shall not enter the Government facility until the Project Officer notifies the Contractor in writing that site access has been granted. When the Government determines that its needs require a quick response, it may elect to grant temporary site access prior to the completion of the Contractor’s full background investigation of certain critical employees. In those instances, the Contractor shall submit to the Project Officer a written certification that, based upon its preliminary screening and background review, the Contractor warrants that the proposed employee is eligible for site access.

The certification shall state the scope of the preliminary screening and background check and shall state the date for completion of the full background check required by this clause. In no event shall temporary site access be granted on a recurring basis under this contract.

(e) The Contractor’s evaluation of an individual’s suitability for site access shall consider the following:

(1) Charges of subparagraphs (i) and (ii) below or criminal convictions for the activities in subparagraphs (iii) through (vi) below may be cause for denial of access to any EPA facility:

(i) Intentional false or deceptive statements on the Standard Form 85P or on any other documentation associated with the background investigation.

(ii) Misconduct in prior employment.

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(iii) Criminal, dishonest, infamous, or notoriously disgraceful conduct.

(iv) Habitual or excessive use of intoxicating beverages.

(v) Abuse of narcotics, drugs, or other controlled substances.

(vi) Any other statutory disqualification under Title 18 of the U.S. Code.

(2) The Contractor’s assessment of prior misconduct by an individual shall include consideration of:

(i) The nature and seriousness of the previous misconduct.

(ii) The circumstances surrounding the previous misconduct.

(iii) The recentness of the previous misconduct.

(iv) The age of the applicant at the time of the previous misconduct.

(f) Whenever the Contractor becomes aware that the retention of an employee for on-site work under this contract poses an unacceptable risk, the Contracting Officer shall be notified immediately, and the employee shall be immediately removed from the site and replaced with a qualified substitute, subject to the background investigation requirements of this clause.

(g) The Contractor shall insert the provisions of this clause in all subcontracts under this contract, and shall require subcontractors to include these terms in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions of this clause.

H.12 AGENCY PERSONAL IDENTITY VERIFICATION PROCEDURES FOR CONTRACTOR

PERSONNEL (OCT 2006)

Background: Homeland Security Presidential Directive 12 (HSPD-12), signed on August 27, 2004, requires a Government-wide, common identification standard for all Federal and contractor employees requiring physical access to Federally controlled facilities and/or logical access to Federally controlled information systems. The goals of HSPD-12 are to enhance safety and security, increase Government efficiency, reduce identity fraud, and protect personal privacy.

HSPD-12 requires that the common identification be: (a) issued based on sound criteria for verifying an individual employee's identity; (b) strongly resistant to identity fraud, tampering, counterfeiting, and terrorist exploitation; (c) rapidly authenticated electronically; and (d) issued by providers whose reliability has been established by an official accreditation process.

HSPD-12 and its common identification standard require personal identity verification (PIV), background investigations, and suitability…