Sol_140A0120B0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040468599

BIA GPRO 00001

115 4TH AVENUE SE

Contracting Office Aberdeen SD 57401-4382

A01

Jocelyn LittleChief, Contracting Officer

BIA, Southern Plains Regional Office PO Box 368, 1 Mile North of City, Hwy 281 Anadarko, OK 73005

Jocelyn Littlechief 405-247-1527 x

11/20/2019

140A0120B0001

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

PROJECT TITLE: REPLACEMENT OF A BOILER HEATING SYSTEM PROJECT

DESCRIPTION: Contractor will be responsible for providing all labor, materials and incidentals for the replacement of an existing Boiler unit, in accordance with the statement of work, contract terms and conditions.

PROJECT LOCATION: Standing Rock Reservation, Detention Center, Bldg. 51; Ft. Yates, ND, Sioux County.

ATTACHMENTS:

1. Bid Schedule

2. Wage Rates

3. DFMC Adopted Codes and Standards

4. Facilities Energy Conservation Management Program

5. Justice-Detention Design Handbook

6. O&M Data Specification 01 78 23

7. Service Life and Replacement Cycles

8. Maps/Photos

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

7 120 calendar days and complete it within ________________ ________________ calendar days after receiving

12/11/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

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

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

BY

2PAGE OF

BIA GPRO 00001

115 4TH AVENUE SE

Contracting Office Aberdeen SD 57401-4382

A01

Jocelyn Littlechief

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0120B0001

MAGNITUDE OF PROJECT: As required under FAR Part

36.204, Project Magnitude is $100,000 - 250,000.

Due to magnitude, a Pre-Solicitation is not required.

BID SCHEDULE: Bid to be submitted on the attached

Bid Schedule and as a lump sum on Page 2 of the

SF-1442. Bid can be submitted by mail or email to the Contracting Officer, Jocelyn LittleChief.

Project name and solicitation number should be cited on the outside of the envelope or in the subject line of the email. Email address is :

Jocelyn.littlechief@bia.gov.

NAICS CODE: The North American Industry

Classification Code (NAICS) is 238220 - Plumbing, Heating and Air-Conditioning Contractors, with a size standard of $15m.

SET ASIDE: This procurement is being set-aside exclusely for Small Business Concerns. Contractor will be required to be registered in SAM as a small business under the NAICS Code at the time of submitting a bid.

Contractor is required to comply with the Davis

Bacon Act.

BONDING: The Miller Act applies. Performance and payment bonds will be required for any contract exceeding $150,000. Bids over $150,000 will be required to submit a bid bond in accordance with

FAR Clause 52.228-1, Bid Guarantee. If your bid is under $150,000, then a payment bond only will be required after award, with no bid bond required at the time of bid opening.

Contracting questions can be directed to Jocelyn

LittleChief at jocelyn.littlechief@bia.gov or by calling 405.247.1527. For technical questions regarding the SOW contact Philip Livermont, at

605.226-0881.

Legacy Doc #: IA

Delivery: 04/30/2020

Delivery Location Code: 0009059162

BIA STANDING ROCK AGY

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 27

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140A0120B0001

Bldg. 51, Proposal Avenue

PO Box E

FORT YATES ND 58538-0523 US

00010 Boiler Replacement Bldg. # 51

Product/Service Code: Z2FF

Product/Service Description: REPAIR OR ALTERATION

OF PENAL FACILITIES

Period of Performance: 12/16/2019 to 04/30/2020

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

A - Solicitation/Contract Form 6

B – Bid Schedule 7

C - Description/Specifications 8

D – Packaging and Marking 10

E – Inspection and Acceptance 11

F – Deliveries or Performance 12

G – Contract Administration Data 13

H – Special Contract Requirements 15

I – Contract Clauses 16

J – List of Documents, Exhibits and Other Attachments 20

K - Representations, Certifications, and Other Statements of Bidders 21

L – Instructions, Conditions, and Notices to Bidders 24

M – Evaluation Factor for Award 27

A - Solicitation/Contract Form

A.1 Type of Contract

The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a firm fixed price contract from this solicitation under Federal Acquisition Regulation (FAR) Part 36, Construction and A/E Contracts, in conjunction with FAR Part 13, Simplified Acquisition Procedures.

The North American Industry Classification System (NAICS) Code 238220, Plumbing, Heat and Air-Conditioning Contractors, with a business size standard of $15 mil.

See SF-1442 for additional information.

A.2 Contract Term

The Government anticipates the award to be issued by December 16, 2019, with 120 days to complete all work after Notice to Proceed (NTP) is issued.

B – Bid Schedule

B.1 Pricing

Bid to be submitted on the attached Bid Schedule and as a lump sum on Page 2 of the SF-1442.

C – Specifications/Drawings

C.1 Background

Standing Rock Detention Center, Bldg. 51, is located in Ft. Yates ND. Ft. Yates is approximately 70 miles South of Bismarck ND.

This is a performance based firm fixed price contract. The purpose of this project is to complete deferred maintenance items related to the boiler heating system. This project will remove and replace “in-kind one existing LP gas steam boiler (boiler 2) and provide one LP gas steam boiler that can be converted to hot water. The existing boiler is a Burnham, model V1110 and has approximately 67 Boiler HP and input of 2.40 MBTU/hr.

The project includes all work, materials, testing, and certifications necessary for installation of “replacement in-kind” of the identified boiler. “In-kind” is defined as meeting the same operating parameters/conditions such as heating capacity, pressures, fuel source, compatible with remaining system components, and similar. However, replacement units shall meet current industry improvements in efficiency and at a minimum be energy star rated (systems and product selection will be designated as ENERGY STAR (Registered Trademark) products or products that are in the upper 25 percent of energy efficiency as designated by Federal Energy Management Program

(FEMP)).

All materials and workmanship shall comply with the Justice-Detention Design Handbook 06-30-2011 Requirements, the BIA Energy Design Handbook Requirements, the National Board Inspection Code 2015 edition (NBIC), The American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable State and Federal codes. When two or more codes are in conflict, the more stringent code applies.

C.2 Scope

The Contractor shall provide a fully functioning heating system which meets or exceeds the current heating capacity/needs of the system. At a minimum, this project consists of the following:

Demolition of existing boiler and appurtenances Inspection of valves, controls, filters, expansion tanks, water treatment, boiler stack, drains, circulation pumps, mounting pads, backflow preventers, emergency stops, insulation, ventilation & combustion air (and other appurtenances required by code) for compatibility and proper functioning with the proposed replacement boiler.

Replacement of non-functioning, obsolete, outdated, or appurtenances identified during inspection and development of replacement in-kind.

Installing/hanging and documenting identification tags for valves, controls, and piping.

The Boiler installation shall be inspected and tested per NBIC by an NBIC Certified Inspector prior to placing in operation.

The Inspector and contractor shall complete, sign, date, and submit to the BIA all applicable NBIC forms for the boiler installation and start-up/testing.

Provide Equipment Certifications per NBIC requirements Completion of a Boiler Installation Report (R-I) and others per NBIC requirements.

Record Drawings including room layout, boilers, piping, valves, controls, dimensions, etc. in CAD format compatible with BIA current systems.

A North Dakota State Certified Electrical Inspector shall inspect electrical work.

Contractor shall clean and flush the existing boiler piping and system components that will remain in place and provide start-up meeting NBIC requirements.

Equipment shall be installed per manufacturers’ installation instructions in addition to the codes and regulations described above.

The BIA will inspect the boiler, piping, and other pressure-retaining items after installation and prior to commencing operation. The Contractor shall request a BIA inspection at the completion of the installation, inspection, testing, and certification.

Provide Commissioning of new boiler system

This is a firm fixed price, lump sum contract. The Contractor shall furnish all materials, supplies, equipment, transportation, and personnel to provide the described work.

C.3 Project Management, Quality Control, & Data Collections

The Contractor shall designate a point of contact for coordination of this project. This individual shall have overall responsibility for the performance of the work to ensure the work is progressing on schedule and within budget.

The Contractor shall maintain communication records, cost-tracking information on a monthly basis, project budget summary sheet, project log, all project related conversations, meeting notes, and quality assurance audits and make these available to the BIA as requested. Invoices shall be in a format meeting the needs of the BIA.

A pre-construction meeting will be held within 5 days of contract award.

The Contractor shall submit the following:

A construction schedule noting submittal points and other critical phases of the project within 7 days of the

Notice to Proceed. The proposed construction schedule will incorporate a timeline beginning at the Notice to Proceed and end with the Certificate of Final Inspection (BIA).

A QA/QC Plan within 7 days of the Notice to Proceed.

A Safety Plan meeting at a minimum OSHA standards, CFR 1910 & 1926 within 7 days of the Notice to

Proceed.

Shop drawings, cut-sheets, specifications, engineering calculations, certifications for the new boiler and associated equipment & instruments (Pressure-release-valves, thermometer, pressure gauges, circulation pumps, etc.) for approval prior to purchase and installation. The professional engineer responsible for the design shall stamp all engineering submittals.

Equipment certifications The Inspector and contractor shall complete, sign, date, and submit to the BIA all applicable NBIC and other forms for the installation, start-up and testing.

Electrical inspection certification that work meets most current version of NEC Calibration certificates for all safety equipment (including but not limited to pressure safety valves, level switches, etc.).

Boiler Installation Report, completed and signed/certified per NBIC requirements.

Operation and Maintenance (O&M) manuals, Operation and Maintenance Data Specification 01 78 23.

Commissioning Report All other documents and/or requirements identified in this statement of work

D – Packaging and Marking N/A

E – Inspection and Acceptance

E.1 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 address: http://www.acquisition.gov/far/. (End of clause)

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) http://www.acquisition.gov/far/

F – Deliveries or Performance

F.1 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 address: http://www.acquisition.gov/far/. (End of clause)

52.211-13 Time Extensions. (SEP 2000) 52.242-14 Suspension of Work (APR 1984)

F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 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 120 calendar days. The time stated for completion shall include final cleanup of the premises. (End of clause)

G – Contract Administration Data G. 1 Contract Administration

The Contracting Officer’s Representative for this Contract will be:

Phil Livermont, COR/Project Manager Great Plains Regional Office – Division of Facilities 115 4th Ave SE, Suite 400, MC 202 Aberdeen, SD 57401 Telephone Number: 605.226.0877 Cell Number: 605.530.5759 Email Address: Philip.livermont@bia.gov

The Contracting Officer responsible for this contract will be:

Jocelyn LittleChief, Contracting Officer Bureau of Indian Affairs Southern Plains Regional Office P.O. Box368 Anadarko, OK 73005 Telephone Number: 405.247.1527 Email Address: Jocelyn.littlechief@bia.gov

G.2 1452.201-70 Authorities and delegations. (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

G. 3 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice; an invoice based on the schedule of values that has already been reviewed and accepted by the

COR.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End of Local Clause)

G.4 Appointment of Contractor Representative/Superintendent

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and/or emergencies on a daily basis. The contractor agrees that the notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.

H - Special Contract Requirements H.1 Work Hours

The performance period established for this contract is based upon all work being conducted during regular working hours between 8:00am and 5:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H.2 Preservation of Historical and Archeological Data

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

H.3 Federal Holidays

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

H.4 Construction Wage Rates

Wage Rates apply to the work to be performed under this Contract and those rates are set out in Section J, Attachment 2. The project is located in Sioux County, North Dakota.

I - Contract Clauses I.1 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 address: http://www.acquisition.gov/far/. (End of clause)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Representation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) .52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-22 Previous Contracts and Compliance Report (FEB 1999) 52.222-26 Equal Opportunity. (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-1 Bid Guarantee (SEPT 1996) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-13 Alternative Payment Protections (JULY 2000) 52.228-15 Performance and Payment Bonds-Construction (OCT 2010) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(DEC 2013)

52.233-1 Disputes. (MAY 2014) - Alternate I (DEC 1991) 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) 52.236-17 Layout of Work. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.249-10 Default (Fixed-Price Construction) Alt II. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (DEC 2015) 52.248-3 Value Engineering - Construction. (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.203-70 Restriction on Endorsements (JUL 1996) 1452.204-70 Release of Claims (JUL 1996) 1452.226-70 Indian Preference (APR 1984) 1452.236-70 Prohibition Against Use of Lead-based Paint-Department of Interior (JUL 1996)

I.2 52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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;

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: 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 statute 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 statute 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 statute. (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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

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

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

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________ Item 2:

Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information. (End of clause)

1452.228-70 Liability Insurance —Department of the Interior (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000 each person* $500,000 each occurrence* $20,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work. (End of clause)

J - List of Documents, Exhibits and Other Attachments

List of Documents, Exhibits, and Other Attachments

Attachment Number Title

1 Bid Schedule 2 Wage Rates 3 DFMC Adopted Codes and Standards 4 Facilities Energy Conservation Management Program 5 Justice – Detention Design Handbook 6 O&M Data Specification 01 78 23 7 Service Life and Replacement Cycles 8 Maps/Photos

9 National Board Inspection Code, 2015 Edition, Parts 1, 2, and 3

INCORPORATED BY REFERENCE ONLY

K - Representations, Certifications, and Other Statements of Bidders

K.1 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 address: http://www.acquisition.gov/far/. (End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-7 System for Award Management (OCT 2016) 52.2.04-13 System for Award Management Maintenance (OCT 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (OCT 2015) 52.236-28 Preparation of Proposals – Construction (OCT 2997)

K.2 52.204-8 Annual Representations and Certifications. (Jan 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220, Plumbing, Heat and Air-Conditioner Contractors.

(2) The small business size standard is $15m.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

http://www.acquisition.gov/far/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation.

This provision applies to solicitation that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1168958 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1181379 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188714

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or…