1442.pdf

15BFTD21Q00000022 Page 1 of 30

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

15BFTD21Q00000022

SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

06/03/2021

PAGE OF PAGES

1 30

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

CODE BNEF

Federal Bureau of Prisons NE Finance Center- FCI Fort Dix

NE FINANCE CENTER

BLDG 5756 HARTFORD ROAD

Joint Base MDL, NJ 08640

7. ISSUED BY

Federal Bureau of Prisons FCI Fort Dix

PO BOX 38

NER Finance Center-Contracting

8. ADDRESS OFFER TO

9. FOR INFORMATION CALL: a. NAME

Roxann Garcia rx1garcia@bop.gov

b. TELEPHONE NUMBER (Include area code)(NO COLLECT CALLS)

609-723-5201

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

The contractor shall provide all materials, labor, and equipment for the Installation of Foam Polyurethane (SPF) Insulation System for the Camp Restrooms at the Federal Bureau of Prisons, FCI, Fort Dix, New Jersey in accordance with the attached SOW/Specifications. *INCLUDE THE FOLLOWING INFORMATION*

Tax ID#:______________________

DUNS#:______________________

EMAIL ADDRESS:_______________

CAGE CODE:___________________

Wage Determination: NJ20210027, Revision #3 dated May 28, 2021

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving10 90

X award, notice to proceed. This performance period is X mandatory negotiable. (See 52.211-10.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (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.

0 16:00US/

Eastern a.

06/21/2021

b. An offer guarantee X is, is not required.

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.c.

90d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

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

15BFTD21Q00000022 Page 2 of 30

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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.)

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

X 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award 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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

15BFTD21Q00000022 Page 3 of 30

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule 3 Special Contract Requirements

FAO-0002 Magnitude FAO-0003 Required Insurance FAO-0005 Submittals FAO-0006 Contractor Use of Premises FAO-0007 Payment Services FAO-0008 Request for Final Inspection FAO-0010 Assignment of Contract Administration Office and Functions FAO-0013 Contract Closeout Procedures (for construction contracts exceeding $150,000)

4 Contract Clauses 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-2 Alt II Security Requirements (Mar 2021) - Alternate II (Apr 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 Central Contractor Registration Maintenance (Dec 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-14 Limitations on Subcontracting (Mar 2020) 52.219-28 Post-Award Small Business Program Rerepresentation (Nov 2020) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Aug 2018) 52.222-9 Apprentices and Trainees (July 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) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018)

15BFTD21Q00000022 Page 4 of 30

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (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 (Oct 2018) 52.233-1 Alt I 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) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (Nov 2020) 52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I (Apr 1984) 52.248-3 Value Engineering-Construction (Oct 2020) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Nov 2020) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-21 Foams (Jun 2016) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.236-13 Accident Prevention (Nov 1991)

15BFTD21Q00000022 Page 5 of 30

52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages-Construction (Sept 2000)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.225-9 Buy American-Construction Materials (Feb 2021) 52.252-6 Authorized Deviations in Clauses (Nov 2020) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) FAO-0015 Changes FAO-0016 Equitable Adjustments: Waiver and Release of Claims 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016) 52.228-13 Alternative Payment Protections (July 2000)

5 Attachments 6 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

7 Representations and Certifications 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-8 Annual Representations and Certifications (Mar 2020) FAO-0020 List of References and Bank Information

15BFTD21Q00000022 Page 6 of 30

Section 2 - Commodity or Services Schedule

As identified in section 5 - Attachments, this project will be constructed in accordance with any applicable specifications/statement of work.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The contractor shall provide all materials, labor, and equipment to lay Installation of Foam Polyurethane (SPF) Insulation System at the Camp Bathroom located at Federal Correctional Institution, Ft.

Dix, New Jersey.

Firm Fixed Price

PSC: Y1FF

1 $________ $_________________

Successful contractor is responsible for all applicable federal, state & local taxes. No tax exemption certificate will be issued by the FBOP. THE TOTAL PRICE SHALL BE WRITTEN ABOVE & IN BLOCK 17 OF THE SF 1442. COMPLETE BLOCKS 20a, b & c of the

SF 1442.

15BFTD21Q00000022 Page 7 of 30

Section 3 - Special Contract Requirements

Clauses By Full Text

FAO-0002 Magnitude

The magnitude of this project is between $40,000.00.00 and $45,000.00.00.

FAO-0003 Required Insurance

See FAR 52.228-5, Insurance - Work on a Government Installation.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the following minimum limits:

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

FAO-0005 Submittals

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor.

The submittal process is in place to allow the Government the opportunity to determine whether materials or procedures used by the contractor are in accordance with contract requirements. It is ultimately the Contractor's responsibility via the quality control process to ensure submittal items installed under the contract and work performed on site are in accordance with industry standards and general practices.

(a) The types of submittal requirements specified in this contract may include, but is not limited to; shop drawings, product data, samples, certificates of conformance or compliance, certified test or inspection reports, equipment, materials, and miscellaneous work related submittals for construction. Individual submittal requirements are generally specified in applicable sections for each unit of work in the specifications and/or as a whole in one section in the statement of work.

(b) The Bureau of Prisons (BOP) Contracting Officer’s Representative (COR) shall act for the Contracting Officer in the review and acceptance of all submittals. The Contractor shall submit submittals as required by the contract/specifications to the COR for transmittal to the Contracting Officer. Fabrication of any work or purchase or use of any submittals (such as materials for which samples are required or equipment, etc.) shall not take place until written acceptance is given by the COR, except at the Contractor's own risk.

(c) The Contractor shall submit all shop drawings and submittals sufficiently in advance (unless otherwise specified in the specifications) of the construction requirements to allow ample time for checking, re-submitting, and re-checking.

(d) Failure of any materials to pass their specified tests shall be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which has previously proven unsatisfactory in service.

(e) The Contracting Officer’s or designee’s approval or acceptance of submittals is not to be construed as a complete check.

Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work. The Contractor is responsible for delivering a final product/system that is operational as intended by the contract requirements, regardless of any Government approvals or acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly functioning product or system.

15BFTD21Q00000022 Page 8 of 30

FAO-0006 Contractor Use of Premises

Work Hours The project schedule is based on a normal forty (40) hour work week, eight (8) hours per day, Monday through Friday, excluding Federal holidays. The Contracting Officer’s Representative (COR) shall establish the work hour time frames for the duration of the project, subject to the approval of the Contracting Officer. Work hours and work days may be altered only with a 48 hour advance approval of the Contracting Officer.

NOTE: Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional facility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines. The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.

Contraband The Contractor shall inform his employees that intoxicating beverages, drugs, weapons, etc., will not be allowed on the site.

Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC-1791.

Explosives The use of explosives is absolutely forbidden without written authorization from the Contracting Officer.

Parking and Temporary Office Parking will be available at the site to the extent it does not interfere with construction activities. Otherwise, parking shall be provided for by the Contractor, at his expense, off the site for workmen employed on the project. Any temporary field office used by the Contractor shall be located in an area approved by the COR.

Safety and Accident Prevention In performing work under this contract the contractor shall:

(a) Conform to the specific safety requirements established by this contract;

(b) Comply with the safety rules of the Government institution that concern related activities not directly addressed in this contract;

(c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(d) Take such additional immediate precautions as the Contracting Officer and/or COR may reasonably require for safety and accident prevention purposes.

FAO-0007 Payment Services

(a) Original application for payment shall be prepared on AIA (American Institute of Architects) Form G-702 "Application and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another form; however, it shall contain similar information as the AIA Form G-702. The Contracting Officer will approve the amount of payment by signing and forwarding the application and certificate as follows: Original to Accounting; Copy for Contract Award File.

(b) All small business contractors are required to self-certify on all invoices their small business status.

FAO-0008 Request for Final Inspection

The Contractor shall give the Contracting Officer’s Representative (COR) a minimum of ten (10) working days advanced written notice of the date on which the work will be fully completed and ready for the Government’s final inspection.

FAO-0010 Assignment of Contract Administration Office and Functions

Pursuant to FAR 42.201 and 42.202, the assigned Contract Administration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perform all of the contract administration functions listed in FAR 42.302(a) and 42.302(b) to the extent that those functions apply to the contract.

FAO-0013 Contract Closeout Procedures (for construction contracts exceeding $150,000)

Contract Closeout must be completed within six (6) months of physical completion of the work.

Prior to payment of final invoice:

The contractor shall submit the following documents:

15BFTD21Q00000022 Page 9 of 30

(1) Contractor’s Affidavit of Release of Liens (AIA Document G706A);

(2) Contractor’s Affidavit of Payment of Debts and Claims (AIA Document G706);

(3) All as-built drawings/shop drawings, if applicable;

(4) Contractor’s final invoice;

(5) Release of Claims (GSA Form 1142);

(6) Consent of Surety to Final Payment (AIA Document G707);

(7) Letter establishing warranty dates;

(8) Complete list of subcontractors with telephone numbers and points of contact;

(9) Guarantees and warranties;

(10) All balance and test reports;

(11) All operation/maintenance manuals;

(12) All permits and certifications.

AIA forms can be obtained from The American Institute of Architects at www.aiabookstore.com.

GSA forms can be obtained from the General Services Administration at www.gsa.gov (click on the “Forms Library” link).

15BFTD21Q00000022 Page 10 of 30

Section 4 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.204-2 Alt II Security Requirements (Mar 2021) - Alternate II (Apr 1984)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)

52.204-13 Central Contractor Registration Maintenance (Dec 2012)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Jun

2020)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

15BFTD21Q00000022 Page 11 of 30

Clause Title Fill-ins (if applicable)

52.219-14 Limitations on Subcontracting (Mar 2020)

52.219-28 Post-Award Small Business Program Rerepresentation (Nov 2020)

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

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation

(May 2018)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Aug 2018)

52.222-9 Apprentices and Trainees (July 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)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr

2015)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Oct 2020)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

15BFTD21Q00000022 Page 12 of 30

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-1 Authorization and Consent (Jun 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(Jun 2020)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.228-11 Individual Surety-Pledge of Assets (Feb 2021)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds-Construction (Jun 2020)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-17 Interest (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

(Oct 2018)

52.233-1 Alt I 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)

15BFTD21Q00000022 Page 13 of 30

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)

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

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I

(Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (June 2007)

52.244-6 Subcontracts for Commercial Items (Nov 2020)

52.246-21 Alt I Warranty of Construction (Mar 1994) - Alternate I (Apr 1984)

52.248-3 Value Engineering-Construction (Oct 2020)

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr

2012) - Alternate I (Sept 1996)

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

52.253-1 Computer Generated Forms (Jan 1991)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Nov 2020)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

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52.223-21 Foams (Jun 2016)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.246-12 Inspection of Construction (Aug 1996)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.236-13 Accident Prevention (Nov 1991)

Clauses By Full Text

52.222-35 Equal Opportunity for Veterans (Jun 2020)

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

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.21-603-70 Contracting Officer's Representative (COR) (June 2012) (DEVIATION)

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(a)Randall Salso ,Engineering Tech , FCI, Fort Dix,______________________________, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) (DEVIATION)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication

201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

* High Risk - Background Investigation (5 year scope)

* Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

* Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

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3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at:www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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

The Contractor shall be required to (a) commence work under this contract within 10 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 357.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 Liquidated Damages-Construction (Sept 2000)

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(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 985.76 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

* Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

* Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

* Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

* Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

* Establish communication processes to notify employees of activation of this plan.

* Integrate pandemic health crisis response expectations into telework agreements.

* With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

* Determine how all employees who may telework will communicate with one another and with management to accomplish work.

* Practice telework regularly to ensure effectiveness.

* Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

* Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.225-9 Buy American-Construction Materials (Feb 2021) (DEVIATION)

(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--

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(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.

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

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

"Cost of components" means--

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

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

"Domestic construction material means"--

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

(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 nonavailability 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…