Gates RFQ.doc

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SSA-RFQ-R02-10-1014

SOLICITATION/CONTRACT PACKAGE

In accordance with Federal Acquisition (FAR) 12.302 and 12.303, this addendum to the Standard Form (SF) 1449 provides for continuation of the schedule and description of the supplies/service to be acquired.

TABLE OF CONTENTS

SECTION A -- PRICING TABLE

SECTION B -- Description of Supplies or Services (Statement of Work) B-1 Objective

B-2 General Requirements

SECTION C -- Contract Clauses, Terms and Conditions

C-1 52.252-2, Clauses Incorporated by Reference

C-2 Clauses Incorporated by Full text

C-3 SSA Clauses, Terms and Conditions

SECTION D - CONTRACT DOCUMENTS, EXHIBITS AND/OR ATTACHMENTS

D-1 Davis Bacon Wage Determination D-2 Photographs of Gates, Fencing, and Handrails

SECTION E – SOLICITATION PROVISIONS (FOR SOLICITATIONS ONLY)

E-1 52.252-1, Provisions Incorporated by Reference

E-2 Provisions Incorporated by Full Text

E-3 Agency-Specific Provisions

SECTION A -- PRICES/COSTS

A-1

SUPPLIES/SERVICES

CONTRACT LINE ITEM NUMBER (CLIN)

Department of Labor Wage Determination NY010003 07/23/2010 NY3 applies to on-site labor (see attachment D-1).

A site visit is scheduled for the work location at 10:00 a.m. local time on August 11, 2010 .

The address is:

SSA/Northeastern Program Service Center

155-10 Jamaica Avenue (Corner of Parsons Blvd. and Jamaica Avenue)

Jamaica, NY 11432

The purpose of this site visit is to allow potential offerors the opportunity to familiarize themselves with the worksite and satisfy themselves regarding the general and local conditions that may affect the cost of the requirement, to the extent that information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Questions regarding areas of uncertainty, which may require clarification or correction, must be requested during or immediately following the inspection tour. All questions and respective answers will be summarized in the form of a solicitation amendment and provided to all parties requesting copies of the solicitation.

Offerors planning to attend the site visit must register by calling Mr. Kraft at 718-557-5100.

SECTION B - DESCRIPTION OF SUPPLIES OR SERVICES --

STATEMENT OF WORK

B-1

OBJECTIVE

Project Title: Replacement of wrought iron gates and fencing, and stainless steel hand railing.

Scope of work:

The purpose of this project is to replace wrought iron gates and fencing, and stainless steel hand railing at the Joseph P. Addabbo Federal Building located at 155-10 Jamaica Avenue, Jamaica, Queens, New York 11432. Gate and fencing furnished under this contract shall match existing in order to maintain a uniform appearance with neighboring property.

SPECIFIC REQUIREMENTS

The contractor shall furnish all necessary supervision, labor, material, equipment and other related services and supplies to replace wrought iron gates and fencing, and stainless steel hand railing at the Joseph P. Addabbo Federal Building located at 155-10 Jamaica Avenue, Jamaica, Queens, New York 11432.

1. The contractor shall remove existing wrought iron gates and posts (6 sets of gates, approximate size of gates are 7’, 6’, 9’, 10’, 8’, and 8’) and fencing (approximately 5 LF).

2. The contractor shall furnish and install new wrought iron gates and posts. (to match existing). Approximate size of each set of gates is 7’, 6’, 9’, 10’, 8’, and 8’. See attachment D-2 for a photo of existing gates.

3. The contractor shall furnish and install approximately 5 LF of wrought iron fencing and posts (to match existing). See attachment D-2 for a photo of existing fencing.

4. The contractor shall remove approximately 400 LF of hand railings in the West Plaza.

5. The contractor shall furnish and install approximately 400 LF of 1 ¾” stainless steel handrail in the West Plaza. See attachment D-2 for handrails to be replaced.

6. The contractor shall replace approximately 15 SF of 4” x 8” pavers around areas where new posts are installed. Pavers shall match existing surrounding pavers.

B-2 GENERAL REQUIREMENTS:

1. All workers shall submit required documentation for Security clearances.

2. All measurements are approximate. Contractor is responsible for exact measurements.

3. All contractors must submit copies their professional licenses if applicable. (Ex: electrical, plumbing, etc.)

4. All work shall be performed during the hours of 6:00 AM and 6:00 PM Sunday thru Saturday.

5. All contract employees should arrive at the building with 2 forms of identification, one of which must be a photo-ID. All contract employees must sign in and out each workday at the main security desk, and should wear the ID issued by security at all times.

6. All installations shall be conducted in a professional manner and in accordance with all local and national codes.

7. Parking and loading dock access must be requested from the COTR at least 24 hours ahead of time for pre-approval.

8. The Contractor shall remove all debris and dismantled items from the premises and dispose of items in accordance with all applicable laws and regulations.

9. The Contractor shall insure that the work place is protected and returned to normal conditions for the next workday. The contractor shall obtain proper permits, if necessary.

10. PRIOR TO THE WORK, the contractor shall submit for approval all MSDS sheets on all materials and chemicals intended for use.

11. It is mandated by Executive Order 13101 (Greening the Government through Waste Prevention, Recycling, and Acquisition) and Section 6002 of the Resource Conservation and Recovery Act (RCRA) that the Federal Government use recycled-content products in the construction and/or renovation of facilities. It is the intent of the Government to comply with the EPA requirement 100% of the time and use as many of the applicable listed recycled-content products as feasible and economically practical. Whenever the potential for the use of a non-recycled content product exists during the construction, the Contractor shall incorporate in this project, as a substitute, recycled content products that are listed and identified in the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) for recycled-content products. The Contractor shall use recycled-content products as required by EPA, other government agencies and Federal Acquisition Regulation (FAR) clauses.

12. Contractor use of government materials and/or equipment is not permitted.

SECTION C -- CONTRACT CLAUSES, TERMS AND CONDITIONS

C-1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (DATE)

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 CO 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/ OR http://farsite.hill.af.mil/

The following Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) contract clauses pertinent to this addendum are hereby incorporated by reference:

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 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)

52.222-16 Approval of Wage Rates (FEB 1988) 52.223-4 Recovered Material Certification 52.223-5 Pollution Prevention and Right-to-Know Information

(AUG 003)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

C-2

FAR CLAUSES INCORPORATED BY FULL TEXT

The following FAR clauses are hereby incorporated into this solicitation by full text as follows:

FAR Clause 52.212-4, Contract Terms and Conditions - - Commercial Items (JUN 2010) is hereby incorporated by reference with the exception of the following paragraphs which are provided in full text.

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Payment (i) - To assist the Government in making timely payments pursuant to FAR 52.232-25, Prompt Payment Clause, it is requested that you include your Tax Identification Number on each invoice submitted related to this contract. The designated billing office address for mailed invoices is set forth on Block 18a of the SF-1449, Solicitation/Contract/Order for Commercial Items, which is page 1 of this contract.

Send an additional copy of the invoice to the Contracting Officer listed in Block #9 for certification.

The contractor must include the following information on each invoice submitted:

a. Contractor's name and invoice date

b. Contract/order number

c. Description, unit and extended price, and quantity of cases provided;

d. Shipping, payment and discount terms

e. IRS Tax Payer Identification Number (TIN)

f. Name, title, phone number, and complete address of individual to whom payment is to be sent.

C-2.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010)

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

_X (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved]

_X (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (14) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C-3

SSA SPECIFIC CLAUSES, TERMS AND CONDITIONS

C-3.1

DESIGNATION OF GOVERNMENT CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The individual(s) named below is hereby designated as the Government’s Contracting Officer’s Technical Representative (COTR). If an alternate COTR is also listed below, that person will serve in the COTR place when the COTR is unavailable. The COTR is responsible for the technical administration of this contract.

NAME

ADDRESS

To be determined

The COTR, or his/her authorized representative, shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR is not authorized to make any changes which affect the contract amount, terms or conditions. The contracting officer is the only person with the authority to act as agent of the Government under this contract. Only the contracting officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

C-3.2

DESIGNATION OF CONTRACTOR’S CONTRACT REPRESENTATIVE

The contractor’s representative responsible for handling contract administration is:

Name:

Phone:

Title:

C-3.3

SUPPLIES, MATERIALS AND EQUIPMENT

The contractor will provide all supplies, materials and equipment to successfully accomplish performance of this contract. Materials will be commercially available products from reputable manufacturers.

C-3.4

QUALITY ASSURANCE

The contractor will use skilled tradesmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work. Any measurement and dimensions shall be field verified by the contractor prior to beginning work.

C-3.5 DEBRIS REMOVAL AND CLEANUP

The contractor will remove all debris generated in the performance of this contract on a daily basis and the contractor shall be responsible for providing a suitable dumpster for the storage and removal of debris and disposing off site. The contractor shall completely clean the work area at the end of each work shift, ensuring that the area is clean and ready to be used by the building staff at 5:30 a.m. the next workday. All areas outside of the work area that are affected by the work being done shall be completely cleaned by the end of the work shift.

C-3.6 WORKMANSHIP

All work will be coordinated and scheduled with the COTR. The COTR has the right to reject any unsatisfactory or unsuitable material and workmanship. Any damage to the building, any of its contents or tenants, caused by the contractor will be the responsibility of the contractor to correct in a timely manner. All areas affected by this work will be returned to their prior state upon completion of the work. The work required by this contract shall be accomplished using the best practices of the related trades. All work performed under this contract will be accomplished in accordance with all applicable codes and regulations that pertain to the project.

C-3.7

PROTECTION

The contractor will provide all materials, barriers, and safety equipment necessary for the protection of Government property and pedestrians during the performance of this contract.

C-3.8 SAFETY AND HEALTH

All work will comply with applicable requirements in latest edition of CFR 29, 1910 and 1926, in their entirety. All work will comply with all applicable Federal, state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent will apply. The contractor will assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of this contract. The contractor will hold the Government harmless for any action on its part, or that of its employees or subcontractors, which may result in illness or death.

C-3.9 DAMAGE OR LOSS TO CONTRACTOR’S PROPERTY

The Government shall not be responsible in any way for damage to, or loss of, the contractor’s equipment kept on Government property; or the contractor’s employees’ personal belongings brought onto Government premises, occasioned by fire, theft, accident or otherwise.

C-3.10

PRE-PERFORMANCE CONFERENCE

Prior to ordering material and commencing work, the contractor shall meet in conference with the Contracting Officer, the COTR, and other Government personnel, at a time specified, to discuss and develop mutual understandings relative to scheduling and administration of work.

C-3.11 WARRANTY OF SERVICES

(a) Definitions:

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent for another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in material and workmanship and conform to the requirements of this contract. The Contracting Officer will give written notice of any defect or nonconformance to the contractor within 10 days of acceptance. This notice will require the contractor to correct or re-perform any defective or nonconforming services.

(c) If the contractor is required to correct or re-perform, it will do so at no additional cost to the Government, and any services corrected or re-performed by the contractor will be subject to this clause to the same extent as the work initially performed. If the contractor fails or refuses to correct or re-perform, the Contracting Officer may, by contract or other means, correct or replace with similar services and charge the contractor the cost incurred by the Government, or make an equitable adjustment in the contract price.

C-3.12

PERIOD OF PERFORMANCE

The contractor will begin work on a date that is mutually agreed upon with the Project Officer, but after the contractor’s employees have been granted favorable pre-screening suitability clearance as described below.

All work relating to this contract shall be completed in 120 calendar days after receipt of order.

C-3.13 SSA CLAUSE NUMBER 0401, SECURITY AND SUITABILITY REQUIREMENTS

a. Acronyms and Definitions

. Access to a facility, site, system or information means physical access to any Social Security Administration (SSA) facility or site, logical access to any of SSA's information systems, or access to programmatic or sensitive information.

. CO - Contracting Officer

. CPSPM - Center for Personnel Security and Project Management

. COTR - Contracting Officer's Technical Representative

. PIV - Personal Identity Verification

b. Purpose

This clause provides information regarding the Social Security Administration's (SSA) policies and procedures regarding the conduct of background investigations. The purpose of these investigations is to determine the suitability of contractor employees needing access to an SSA facility, site, system, or information. The clause also describes the process to obtain a PIV credential to gain access. The successful contractor will be required to follow the procedures set forth in this clause commencing at the time of award.

SSA requires all contractor employees to visit an SSA facility to obtain a credential after SSA has conducted and favorably adjudicated a background investigation. The COTR will inform the contractor of the location and time to obtain a credential.

This clause must be included in all subcontracts awarded by the contractor wherein subcontractor employees will have access to a facility, site, system, or information.

c. Authorities

. Homeland Security Presidential Directive 12 (HSPD-12)

. Office of Management and Budget Memorandum M-05-24

. The Crime Control Act of 1990, Public Law 101-647, subtitle E, as amended by Public Law 102-190 (for childcare center security requirements)

. Executive Orders 10450 and 12968 and Title 5, Code of Federal Regulations (CFR), Parts 731, 732 and 736 (for positions assigned a "National Security" designation)

d. Background Investigation and Adjudication Process

The background investigation and adjudication processes are compliant with 5 CFR 731.

e. Required Forms

All contractor employees who will have access to a facility, site, system, or information must complete and submit to SSA the following forms. Some of the forms are available electronically (see website addresses below):

. 2 Forms FD-258, Applicant Fingerprint Chart (The CO will provide the FD-258 forms at the time of the contract award.)

NOTE: The contractor will be responsible for obtaining and providing acceptable fingerprints for use by SSA. Regardless of the method used to fingerprint employees (electronic capture or ink) the only acceptable fingerprint card is the FD-258.

. Optional Form 306, Declaration for Federal Employment http://www.opm.gov/forms/html/of.asp

. Fair Credit Reporting Act (FCRA) Authorization Form http://www.opm.gov/extra/investigate/fin-1998/fin9802.asp

. If the employee is not a U.S. Citizen, the employee must provide SSA with a legible photocopy of his or her work authorization permit and social security card.

In addition to the forms above, every employee who will have access to a facility, site, system, or information must complete and submit ONE of the following forms:

. Standard Form (SF) 85 for risk level 1 (Public Trust, Low Risk/Non-Sensitive), http://www.opm.gov/forms/html/sf.asp

. Standard Form (SF) 85P for sensitivity levels 5 or 6 (Public Trust, Moderate or High Risk), http://www.opm.gov/forms/html/sf.asp

. Standard Form (SF) 86 for sensitivity levels 2, 3 or 4 (National Security, Non-Critical, Critical -Sensitive or Special Sensitive), http://www.opm.gov/forms/html/sf.asp

The risk designation associated with the work that the particular individual will be performing will determine which form the individual must complete. For this contract, the following risk designation(s) apply:

Labor Category Risk Designation

Plumber, Electrician, Laborer

Standard Form (SF) 85 for risk level 1

f. Forms Completion

The contractor must ensure that all forms are fully completed and signed prior to submission to SSA. The contractor must ensure that the fingerprint charts and all forms are printed legibly or typed in black ink and all signatures are in black ink. The contractor must also ensure there are no "breaks" in residences or employment. SSA requires complete addresses, including zip codes and phone numbers.

g. Forms Submission

The contractor shall submit a cover sheet, including the contract number, name, and social security number of all contract employees for whom they are requesting a suitability determination, along with completed forms and one FD-258 fingerprint chart to:

SSA

CPSPM Security and Suitability Team

6401 Security Boulevard

Room 1260 Dunleavy Building

Baltimore, MD 21235

Simultaneously, the contractor must submit a copy of the cover sheet to the COTR.

The contractor must submit these forms at least 15 days prior to the date work is to begin. For new contract employees who will need access to an SSA facility, site, information, or system, the contractor must submit these forms at least 15 days prior to beginning work under the contract.

h. Preliminary Suitability Determination

A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a preliminary suitability determination. If SSA makes a favorable preliminary suitability determination, the individual may perform under the contract pending SSA's final suitability determination. CPSPM will notify contractors, with carbon copy (cc) notifications sent to both the COTR and CO, of the results of these determinations.

SSA requires each contractor employee who will have access to a facility, site, system, or information to present two forms of identification after the contractor employee receives notification of a preliminary suitability determination but prior to beginning work under the contract. In order for SSA to continue the background investigation process and enroll the contractor employee in the PIV credentialing process, at least one of the forms of identification must be a Government-issued photo ID (please see Employment Eligibility Verification, I-9, for acceptable forms of ID).

i. Final Suitability Determination

Final suitability determinations are made in approximately 45-90 business days after submittal of the completed forms to CPSPM. If CPSPM determines that any employee is unsuitable, the COTR, CO, and contractor will be notified and SSA will revoke the employee's physical and logical access. The contractor must confirm receipt of the revocation within one business day.

A contractor is not entitled to an equitable adjustment of the contract as a result of SSA making an unfavorable suitability determination on contractor employees. Additionally, if SSA determines that the number or percentage of unfavorable determinations make successful contract performance unlikely, SSA may terminate the contract for cause or default.

j. Exceptions

The COTR may request an exception to the normal background investigation process for emergency situations when access to a facility or site is needed, but where access to information systems or programmatic information is not required. This request must be directed to CPSPM. COTRs may request an exception by sending an email to dchr.ope.hspd12appeals@ssa.gov. If CPSPM grants temporary access, that temporary access will apply only for the period specified by CPSPM and only for the specific contract employee(s) identified by the COTR. CPSPM expects that it will rarely grant exceptions.

k. Contractor Notification to Government

The contractor shall notify the COTR (who will notify CPSPM and the CO) within one business day if an employee is arrested or charged with a crime during the term of this contract, or if there is any other change in the employee's status (e.g., the employee leaves the company; the employee no longer works under the contract; the employee's alien status changes) that could impact the suitability determination for that individual. The contractor must provide in that notification as much detail as possible, including, but not limited to: employee name(s), contract number, the type of charge(s), if applicable, the court date, and, if available, the disposition of the charge(s).

l. Government Control

The Government has full control over and may grant, deny, or withhold access to a facility, site, system, or information and may require the COTR and contractor to remove personnel from performing under the contract for reasons related to conduct even after the individual has been found suitable to work on the contract (see paragraph n., below).

m. Appeals Process for Unsuitable Determinations

The contractor must notify the employee of any unsuitable determinations as soon as possible after receipt of such a determination. If the employee would like clarification or wish to appeal an unsuitable determination, his/her request must be in writing and submitted within 30 days of the date of the unsuitable determination. The request can be emailed to SSA at dchr.ope.hspd 12 appeals@ssa.gov, or mailed to:

Social Security Administration

Attn: CPSPM Suitability Program Officer

6401 Security Boulevard

Room 1260 Dunleavy Building

Baltimore, MD 21235 n Removal From Duty

SSA may request that the contractor immediately remove any contractor employee(s) from working under the contract based on conduct that occurs after a pre-screening approval or favorable suitability determination. The contractor must comply with these requests. The Government's determination may be made based on, but not limited to, incidents involving the misconduct or delinquency as set forth below:

i. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 Code of Federal Regulations 101-20.3. This includes any local badging requirements.

ii. Neglect of duty, including sleeping while on duty, unreasonable delays or failure to carry out assigned tasks; conducting personal affairs while on duty; and refusing to cooperate in upholding the integrity of SSA's security program.

iii. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

iv. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participating in disruptive activities, which interfere with the normal and efficient operations of the Government.

v. Theft, vandalism, or any other criminal actions.

vi. Selling, consuming, possession of, or being under the influence of intoxicants, drugs, or substances which produce similar effects.

vii. Improper use of official authority or credentials.

viii. Unauthorized use of communications equipment or Government property.

ix. Misuse of weapon(s) or tools used in the performance of this contract.

x. Unauthorized access to areas not required for the performance of the contract.

xi. Unauthorized access to employees' personal property.

xii. Violation of security procedures or regulations.

xiii. Prior determination by SSA or other Federal agency that a contractor's employee was unsuitable.

xiv. Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or IRS Tax Return information.

xv. Unauthorized access to an agency Automated Information System.

xvi. Unauthorized access of information for personal gain (including, but not limited to, monetary gain), or with malicious intent.

xvii. Not providing for the confidentiality of and protection from disclosure of information entrusted to them. Contractor personnel are considered the same as Federal employees for the purposes of applying certain provisions of:

The Privacy Act of 1974;

The Tax Reform Act of 1976 and the Taxpayer Browsing Protection Act of 1997;

SSA regulation 1;

The Computer Fraud and Abuse Act of 1986; and

Section 1106 of the Social Security Act.

C-3.14

INVOICE SUBMISSION CLAUSE

3201 Invoice Submission and Payment Related Information

INVOICE SUBMISSION AND PAYMENT RELATED INFORMATION (MAR 2009)

You may submit your invoice, electronically via email, by regular mail, or by hand carrying it to the Office of Finance at the addresses below. Your invoice must include all of the elements of a proper invoice as defined in the invoice or payment clause used in this award as well as any other information required below or in the contract.

SENDING THE INVOICE ELECTRONICALLY:

Submit your invoice either as an attachment to an email message, or within the message itself, to: OFPO.OF.DAP.INVOICES@ssa.gov.

FOR INVOICES NOT SUBMITTED ELECTRONICALLY:

Submit an original and three (3) copies of the invoice to:

If sent by mail:

Social Security Administration

Office of Finance

Post Office Box 47

Baltimore, Maryland 21235-0047

If Hand Carried:

Social Security Administration

Office of Finance

Customer Service Help Desk

2-B-4 East Low Rise Building

6401 Security Boulevard

Baltimore, Maryland 21235-0047

The telephone number of the customer service help desk is (410) 965-0607.

TAXPAYER IDENTIFICATION NUMBER (TIN) AND DUN&BRADSTREET NUMBER (DUNS):

In order to assist the government in making timely payments, please include your TIN, your DUNS#, and the Order Number on each invoice.

SUBMISSION OF ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION AND REMITTANCE INFORMATION:

The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

Remittance information associated with EFT payments is now available via the Internet Payment Platform (IPP) on the Department of Treasury¡¦s Internet site at http://www.ipp.gov. The IPP site provides an explanation of how the system works, security and access information, a user demonstration, and registration information. There is no charge to use the IPP system.

You may also direct payment inquiries to SSA's Office of Finance by:

Using its Financial Interactive Voice Response System (FIVR). FIVR is an automated self-service telephone system available 24 hours a day that allows direct electronic access to administrative payment information using the telephone keypad. You can access FIVR by calling (410) 965-0607. The services available through FIVR will be available through a Telecommunications Device for the Deaf (TDD) Line at 410-597-1395. Customer Service Representatives will be available to answer vendor payment inquiries Monday - Friday, between 8 a.m. and 4:30 p.m. Eastern Time.

By sending an email to payment.inquiries@ssa.gov, or visiting its internet site at http://www.socialsecurity.gov/vendor/contact.htm. You can also access the IPP system through a link on this site.

SECTION D -- CONTRACT DOCUMENTS, EXHIBITS AND/OR ATTACHMENTS

D-1

DAVIS BACON WAGE DETERMINATION

General Decision Number: NY100003 07/23/2010 NY3

Superseded General Decision Number: NY20080003

State: New York

Construction Types: Building, Heavy, Highway and Residential

Counties: Bronx, Kings, New York, Queens and Richmond

Counties in New York.

BUILDING & RESIDENTIAL CONSTRUCTION PROJECTS (includes single family homes and apartments up to and including 4 stories), HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 03/12/2010

1 03/26/2010

2 04/16/2010

3 04/23/2010

4 07/23/2010

ASBE0012-001 01/04/2010

Rates Fringes

Asbestos Workers/Insulator

Includes application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems.....................$ 51.38 28.87

HAZARDOUS MATERIAL HANDLER.......$ 24.45 8.50

BOIL0005-001 01/01/2007

Rates Fringes

BOILERMAKER......................$ 44.98 28.95+a

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial

Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Year's Eve

BRNY0001-001 07/01/2009

Rates Fringes

BRICKLAYER.......................$ 48.50 20.94

MASON - STONE....................$ 55.34 22.13

BRNY0001-002 07/01/2009

Rates Fringes

Pointer, cleaner and caulker.....$ 41.19 20.39

BRNY0003-001 07/01/2006

Rates Fringes

TERRAZZO FINISHER................$ 38.75 21.75

TERRAZZO WORKER/SETTER...........$ 40.09 21.75

BRNY0004-001 07/01/2009

Rates Fringes

MARBLE SETTER....................$ 50.53 24.00

BRNY0020-001 07/01/2009

Rates Fringes

MARBLE FINISHER..................$ 41.30 23.83

BRNY0024-001 01/01/2010

Rates Fringes

BRICKLAYER

MARBLE POLISHERS............$ 36.26 19.55

BRNY0052-001 06/08/2009

Rates Fringes

Tile Layer.......................$ 46.42 24.56

BRNY0088-001 06/08/2009

Rates Fringes

TILE FINISHER....................$ 37.27 21.31

CARP0001-009 07/01/2008

Rates Fringes

Carpenters:

Carpenters & Soft floor layers......................$ 43.02 35.96

CARP0740-001 07/01/2005

Rates Fringes

MILLWRIGHT.......................$ 38.13 35.40

CARP1456-004 07/01/2008

Rates Fringes

Dock Builder & Piledrivermen

DOCKBUILDERS................$ 43.61 38.06

CARP1456-005 07/01/2008

Rates Fringes

Diver Tender.....................$ 39.18 38.06

Diver............................$ 54.63 38.06

CARP1536-001 07/01/2003

Rates Fringes

Carpenters:

TIMBERMEN...................$ 34.47 26.05

ELEC0003-001 05/14/2009

Rates Fringes

ELECTRICIAN

Electricians................$ 49.00 34.81

Jobbing, and maintenance and repair work.............$ 25.30 15.13+a

PAID HOLIDAYS:

a. New Years Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day

ELEC1049-001 04/06/2008

QUEENS COUNTY

Rates Fringes

Line Construction (Substation and Switching structures pipe type cable installation and maintenance jobs or projects;

Railroad electrical distribution/transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line work. Fiber optic, telephone cable and equipment)

Groundman...................$ 24.83 17.91

Heavy Equipment Operator....$ 33.10 17.91

Lineman and Cable Splicer...$ 41.38 17.91

Tree Trimmer................$ 23.06 9.84

ELEV0001-002 03/17/2010

Rates Fringes

ELEVATOR MECHANIC

Elevator Constructor........$ 51.47 23.605+a+b

Modernization and Repair....$ 40.93 23.455+a+b

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Good Friday, President's

Day, Memorial Day, Independence Day, Labor Day, Columbus

Day, Veteran's Day, Thanksgiving Day, Friday after

Thanksgiving, and Christmas Day.

b. PAID VACATION: An employee who has worked less than 5 years shall recieve vacation pay credit on the basis of 4% of his hourly rate for all hours worked; an employee who has worked 5 to 15 years shall receive vacation pay credit on the basis of 6% of his hourly rate for all hours worked;

an employee who has worked 15 or more years shall receive vacation pay credit on the basis of 8% of his hourly rate for all hours worked.

ENGI0014-001 07/01/2009

Rates Fringes

Pavement equipment operator

Asphalt Plants..............$ 44.04 27.35+a

Asphalt roller..............$ 52.55 27.35

Asphalt spreader............$ 54.03 27.35+a

Power Equipment Operator

(HEAVY & HIGHWAY)

GROUP 1....................$ 70.63 27.35+a

GROUP 2....................$ 57.77 27.35+a

GROUP 3....................$ 59.69 27.35+a

GROUP 4....................$ 58.22 27.35+a

GROUP 5....................$ 57.02 27.35+a

GROUP 6....................$ 54.64 27.35+a

GROUP 7....................$ 55.69 27.35+a

GROUP 8....................$ 54.03 27.35+a

GROUP 9....................$ 52.81 27.35+a

GROUP10....................$ 50.40 27.35+a

GROUP11....................$ 46.89 27.35+a

GROUP12....................$ 47.97 27.35+a

GROUP13....................$ 48.40 27.35+a

GROUP14....................$ 35.82 27.35+a

GROUP15....................$ 33.07 27.35+a

Steel erector

Compressors, Welding

Machines....................$ 35.03 27.35+a

Cranes, Hydraulic Cranes, 2 drum derricks, Forklifts, Boom Trucks......$ 60.37 27.35+a

Three drum derricks.........$ 62.92 27.35+a

Utility Laborer

Horizontal boring rig.......$ 51.24 27.35+a

Off shift compressors.......$ 42.12 27.35+a

Utility Compressors.........$ 32.85 27.35

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Tower crane

GROUP 2: Backhoes, power shovel, Hydraulic clam shells, moles and machines of a similar type

GROUP 3: Mine hoists and crane, etc. used as mine hoists

GROUP 4: Gradalls, keystones, cranes (with digging buckets), bridge cranes, trenching machines, vermeer cutter and machines of a similar nature

GROUP 5: Piledrivers, derrick boats, tunnel shovels

GROUP 6: All drills, and machines of a similar nature

GROUP 7: Back filling machines, cranes, mucking machines, dual drum pavers

GROUP 8: Mixers…