RFP PR20058730 PreFab Bldg for Auto Insp.doc

Combined Synopsis/Solicitation PR20058730

Inspection Building – Temecula Checkpoint

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 13.3, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-52 (effective 31 May 2011).

This requirement is being procured under NAICS code 236220 “Commercial and Institutional Building Construction”. The estimated Order of Magnitude for this effort is between $25,000 and $100,000. The Small Business size standard for this Code is $33.5M.

If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions included herein. The Proposal due date is no later than 2:00 pm Eastern Daylight Time (EDT), July 20, 2011. Submission shall be via email to the contract specialist listed in proposal submission section below. It is the vendor’s responsibility to read the RFP and all related documents carefully and completely to ensure the Government receives the proposal on or before the date/time specified.

If you have questions regarding this requirement, please submit your inquiries via email to Barbara.b.wilson@dhs.gov.

PERIOD OF PERFORMANCE

45 days from Notice to Proceed. This timeframe is negotiable if there is valid reason for an extension.

SITE VISIT REQUIREMENTS

The contractor is encouraged to attend a site visit to ensure they understand the location and equipment involved. Contractors will need a CBP escort to visit all sites.

BP Checkpoint I15 47960 Interstate 15N

Temecula, CA 92590 Rosemary Cooper Rosemary.cooper@dhs.gov Project Manager 949-360-2440 TBD between contractor and CBP POC.

PROPOSAL SUBMISSION REQUIREMENTS:

The contractor shall submit electronic copies of the proposal via email to Barbara.b.wilson@dhs.gov no later than (NLT) 2:00 PM EDT, June 20, 2011.

All proposals shall include:

(A) Technical Proposal:

The contractor shall submit a technical quotation outlining the:

(1) Dates the contractor plans on performing work at the site;

(2) The ultimate completion date for the entire project;

(3) Equipment to be used in the construction; and,

(4) Complete details about the building to be constructed to include at a minimum Manufacturer’s cut sheets or drawings describing the building to be constructed.

A review of the technical quotation will be conducted for acceptability.

(B) Price Proposal:

Pricing for this requirement (CLIN 00010) shall be firm fixed price. Backup pricing details shall include a complete breakdown of costs: labor categories, rates, hours, equipment, detailed materials, OH, G&A, and profit. The contractor shall also submit supporting subcontractor pricing for any labor, equipment and materials. Note: Your quote may be considered non-responsive if pricing details are not included.

Also include in the price proposal:

A. Tax Identification Number (TIN)

B. Dun & Bradstreet Number (DUNS)

C. CAGE Code

D. North American Industrial Classification System (NAICS) (Please note: If your CCR does not include NAICS code 236220, but you are qualified for it, and meet the small business size standards, you should consider adding it to your CCR, as evaluation for award will give preference to vendors who show this NAICS code in their CCR.

E. Contact Name

F. Contact Email Address

G. Contact Phone Number

H. Contact Fax Number

I. Complete Business Mailing Address

Please ensure that your firm is registered in CCR (http://www.ccr.gov).

Registration must be current.

NOTE: THE GOVERNMENT SHALL NOT COMPENSATE THE OFFEROR FOR ANY PROPOSAL DEVELOPMENT COSTS RELATED TO THIS SOLICITATION.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

Offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of the SOW. If not noted in this section of your quotation, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein.

PURCHASE ORDER MANAGEMENT

Notwithstanding the Contractor's responsibility for total management during the performance of this purchase order, the administration of the purchase order will require maximum coordination between the Government and the Contractor.

Communications pertaining to the purchase order administration will be addressed to the Contract Specialist. No changes to the statement of work are authorized without a written modification to the contract executed by the Contracting Officer.

The Contractor is advised that only the Contracting Officer can change or modify the purchase order terms or take any other action, which obligates the Government. No changes to the statement of work, purchase order terms, or conditions are authorized without a written modification to the purchase order executed by the Contracting Officer.

Contractors who rely on direction from other than the Contracting Officer do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the contract specialist, Barbara Wilson, Barbara.b.wilson@dhs.gov, 317-614-4933.

STATEMENT OF WORK:

See Attachment #1 “PR20058730 – SOW for Inspection Building”

DAVIS BACON ACT WAGE DETERMINATIONS

The Davis Bacon Act (DBA) Wage Determination (WD) CA100036 (dated 06/03/2011) is applicable to this requirement. The complete WD can be accessed via the websites below and is attached to this document:

http://www.wdol.gov/wdol/scafiles/davisbacon/CA36.dvb

LINE ITEMS:

Firm Fixed Price (FFP)

INSPECTION AND ACCEPTANCE TERMS

52.246-12 - Inspection of Construction (Aug. 1996)

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

Representations, Certifications, and Notices (to be completed and returned with offer) unless your company is registered on line through ORCA (Online Reps Cert Application (https://orca.bpn.gov/). If representations and certifications are complete through ORCA, please make note of that in the proposal.

Insurance – FAR 28.307-2 Liability.

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

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

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage 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.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

NOTE: METRIC PRODUCTS - Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standards No. 376, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request shall be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the COTR, will accept or reject the product.

(b) Contractor shall submit product/warranty details for the following proposed products with the proposal (see Scope of Work for minimum warranty details):

Erection of an Inspection Building

(c) Contractor shall provide the following with the proposal:

Proof of State contractor’s license, if applicable to your state, and number of years in business;

Proof of insurance certification

Contractor’s warranty, if any. If none, state none.

Contract Administration

1. Government Points of Contact:

Contracting Officer’s Technical Representative

Rosemary Cooper

(949)360-2440

Contract Specialist

Barbara B. Wilson

(317)614-4933

2. Invoicing and Payment Requirements:

Please e-mail invoices to cbpinvoices@dhs.gov and to Rosemary Cooper, Rosemary.cooper@dhs.gov. Please also provide an email copy of the invoices to Barbara Wilson, Barbara.b.wilson@dhs.gov, for the contract file.

DHS Clause 3052.242-72 - Contracting Officer’s Technical Representative (Dec 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. End of Clause Contract Clauses

52.252-2 - Clauses Incorporated by Reference (Feb 1998)

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/ https://dhsonline.dhs.gov/portal/jhtml/dc/sf.jhtml?doid=111686 52.204-7 - Central Contractor Registration (Oct 2003)

52.204-9 - Personal Identity Verification of Contractor Personnel (Sep 2007)

52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006)

52.219-11 - Special 8(a) Contract Conditions (Feb 1990)

52.219-12 - Special 8(a) Subcontract Conditions (Feb 1990)

52.219-14 - Limitations on Subcontracting (Dec 1996)

52.222-1 - Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 - Convict Labor (June 2003)

52.222-6 - Davis-Bacon Act (Jul 2005)

52.222-7 - Withholding of Funds (Feb 1988)

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 1999)

52.222-23 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

52.222-26 - Equal Opportunity (Mar 2007)

52.222-27 - Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-36 - Affirmative Action for Workers With Disabilities (Jun 1998) 52.222-39 - Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

52.223-3 - Hazardous Material Identification and Material Safety Data (Jan 1997)

52.223-5 - Pollution Prevention and Right-to-Know Information (Aug 2003)

52.223-11 - Ozone-Depleting Substances (May 2001)

52.227-1 - Authorization and Consent (Dec 2007)

52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

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) 52.229-3 - Federal, State, and Local Taxes (Apr 2003)

52.232-23 - Assignment of Claims (Jan 1986)

52.232-27 - Prompt Payment for Construction Contracts (Oct 2003)

52.233-1 - Disputes (July 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 (Nov 1991)

52.236-14 - Availability and Use of Utility Services (Apr 1984)

52.236-15 - Schedules for Construction Contracts (Apr 1984)

52.242-14 - Suspension of Work (Apr 1984)

52.243-5 - Changes and Changed Conditions (Apr 1984)

52.244-6 - Subcontracts for Commercial Items (May 2008)

52.246-21 - Warranty of Construction (Mar 1994)

52.249-2 Alternate I - Termination for Convenience of the Government (Fixed-Price) (May 2004)

52.249-10 - Default (Fixed-Price Construction) (Apr 1984)

52.253-1 - Computer Generated Forms (Jan 1991)

The following clauses are incorporated in full text:

52.211-10 - Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to -

(a) Commence work under this contract within 10 days 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 35 calendar days from commencement of work.

52.225-9 Buy American Act–Construction Materials (Jan 2005)

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

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

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the 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.

“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.

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate ``none'']

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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).] 52.228-13 -- Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) A payment bond, or;

(2) An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within __10__ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

52.232-5 - Payments under Fixed-Price Construction Contracts (Sept 2002)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name) (Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

DHS Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

"Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting "more than 50 percent" for "at least 80 percent" each place it appears.

"Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

"Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)--

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held--

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

"Person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395 (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

[__] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

[__] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

[__] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

DHS Clause 3052.222-70 Strikes or Picketing Affecting Timely Completions of the Contract Work (Dec 2003)

Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.

DHS Clause 3052.222-71 Strikes or Picketing Affecting Access To ADHS Facility (Dec 2003)

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DHS facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.

List of Documents, Exhibits and Other Attachments

Attachment #1: Scope of Work Attachment #2: Wage Determination CA100036 06/03/2011 CA36