Pre_Bid_Conference_Meeting_Minutes.pdf

Solicitation Number 15B10919B00000002 FMC Lexington – Attic Asbestos Abatement Phase V

United States Department of Justice Federal Bureau of Prisons

Pre-Bid Conference & Site Visit Meeting Minutes

Pre-Bid Conference & Site Visit Date: Friday, September 27, 2019

Pre-Bid Conference & Site Visit conducted and minutes recorded by:

Victor Crump, Contract Specialist

Federal Bureau of Prisons Federal Medical Center

3301 Leestown Road Lexington, KY 40511

A pre-bid conference and site visit for 15B10919B00000002 was held on Friday, September 27, 2019. The meeting was called to order by Victor Crump, Contract Specialist, at approximately 9:00 AM (Eastern Standard Time). The following individuals participated in the meeting and site visit:

Name Organization Represented

Petar Bubalo Penns Contracting, Inc.

Shawn McGinness Environmental Demolition Group

Jason Warden AAA Remediation

Wilbur Wireman Wireman Construction

Travis Baker BOP - Engineering Technician

Major Roution BOP - Tool Room Officer

Victor Crump BOP – Contract Specialist

Mr. Crump thanked everyone for participating in today’s pre-bid conference and site visit and advised that meeting minutes would be prepared and posted on the Federal Business Opportunities website.

Mr. Crump then identified the project as 15B10919B00000002, Attic Asbestos Abatement Phase V at the Federal Medical Center located in Lexington, KY. The North American Industrial Classification (NAICS) code for this project is 562910, with a small business size standard of $22,000,000. This is a 100% small business set-aside. For more information with regard to determining your firm’s eligibility to compete as a small business you can visit the Small Business Administration’s website at www.sba.gov.

He informed the contractors that this conference and site visit are being held to familiarize the bidders with the Bureau of Prisons policies and procedures to be observed during the performance of the work; establish preliminary schedules, lines of communication and operational procedures;

develop mutual understanding concerning administration of the contract; and introduce personnel associated with this project, their authority, functions, and responsibilities. Mr. Crump presented the agenda as follows:

Segment 1 Solicitation Review Segment 2 Site Visit Segment 3 Closeout

Mr. Crump stated that “Nothing said at this conference shall be interpreted as modifying the provisions or requirements of the solicitation, and that any revisions or changes to the solicitation will be issued as formal amendment by the Contracting Officer.”

Mr. Crump also noted that all questions shall be submitted to Jim Seratt at jseratt@bop.gov. The deadline for receipt of written questions is Tuesday, October 1, 2019 at 1:00 PM local Central time. Only questions received prior to the deadline will be answered. Questions and Answers will be posted to the Federal Business Opportunities website at www.fbo.gov.

Segment 1 - Solicitation Review

Identity and Authority of Official Representatives:

Contracting Officer – Mr. Jim Seratt. Mr. Seratt is the singular point of contact for ALL pre-bid inquiries. ALL pre-bid inquiries must be submitted in writing to Jim Seratt at jseratt@bop.gov. As a matter of record, the Contracting Officer has the authority to enter into, administer, and/or terminate contractual actions on behalf of the United States.

Contract Administration Office – Following award, contract administration will be handled by the FMC Lexington contracting office.

COR – Contracting Officer’s Representative – Mr. Travis Baker. The COR is the technical representative for the Federal Bureau of Prisons who has overall responsibility (except for contractual matters) for the administration of operational activities at the project site.

Mr. Crump began discussion of the solicitation documents with the following review:

Instructions to Offerors - Mr. Crump called attention to the Instructions to Bidders document uploaded with the solicitation and reviewed the documents that are required to be submitted by the contractors for consideration of their bid. Mr. Crump instructed the contractors that ALL 30 pages of the solicitation must be submitted with the original bid package even if the contractor is not filling out information on a particular page. Your original hard copy version must be received at the Field Acquisition Office no later than the time and date established for receipt of bids.

THE DUE DATE FOR RECEIPT OF BIDS IS OCTOBER 16, 2019, BY 2:00 PM

CENTRAL TIME. This due date is strictly enforced. Late bids will be rejected. A public bid opening will be held in the front lobby of the Field Acquisition Office.

Mr. Crump noted that each bidder shall pay particular attention and complete the following forms, clauses, and statements with his/her bid. Failure to do so may cause your offer to be considered as non-responsive. Do NOT include any extraneous information/documentation outside of the solicitation requirements. Important documents that need to be completed by the contractor were reviewed as follows:

A. SF-1442, Solicitation, Offer, and Award Pages 1, 2

Include your DUNS, TIN, CAGE code, and Email address in block 10 (Page 1) of the SF-1442. Complete blocks 14 through 20C (Page 2). Ensure the address in block 14 exactly matches the address contained in your SAM registration. For block 17, enter at least 60 days.

B. Schedule of Services/Supplies Page 4

Complete the blocks entitled “unit price” and “amount” for the base bid. The two numbers will be the amount of the base bid for this project and should be the same as this is being bid as a “job.” Also, complete the two DEDUCT – Alternates for the four deductive bid items.

C. Representations, Certifications and Other Statements of Offerors

1. Pages 27-28: FAR provision 52.204-8, Annual Representations and Certifications (Jan 2018)

Pursuant to paragraph (b)(1) of this provision, FAR provision 52.204-7

System for Award Management is included in this solicitation. Therefore, offerors should NOT mark either selection at (b)(2)(i) or (b)(2)(ii) since paragraph (d) of the provision automatically applies.

2. Page 29: FAR provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

Complete paragraph c.

3. Page 29-30: FAR provision 52.209-13, Violation of Arms Control

Treaties or Ageement-Certification.

Complete by selecting either (b) (1) or (b) (2).

D. SF-24, Bid Bond Attachment 4

A bid guarantee is required and shall be 20% of the total bid price or $3 million, whichever is less.

E. Bid Offer Notice

In an effort to ensure bids are not accidently opened in the mail room, each bidder is requested to submit their bid utilizing the Bid Label and instructions provided in the Instructions to Offerors document uploaded with the solicitation.

Next, Mr. Crump reviewed the Solicitation Document – The solicitation documents contains all of the rules/regulations, terms and conditions that will largely define the relationship between the winning bidder and the Bureau of Prisons as it relates to the project. It is assembled in 7 sections to facilitate an easy review. Mr. Crump highlighted the following areas of interest:

Section 3, Special Contract Requirements

Notice of Contractor Personnel Security Requirements – Any and all workers that work at this facility will need to pass a background check that complies with the requirements of the Homeland Security Presidential Directive 12 (HSPD-12) as detailed on page 5-6. This security clearance must be obtained prior to working at FCI Fairton. The successful contractor will be required to comply with the requirements for a long term contractor personnel.

DOJ Contractor Residency Requirement – For three of the five years immediately prior to submission of a bid or prior to performance under a contract, individuals or contractor employees providing services must have:

1. Legally resided in the United States;

2. Worked for the US 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 US citizen, they must be from a country allied with the US. The clause includes a web address which provides the most current information regarding allied countries.

See page 6 of the solicitation.

Bonds - Mr. Crump indicated that a bid guarantee is required. The bid guarantee must be 20% of the bid price or $3,000,000, whichever is less. The bid bond penalty may be expressed as a percentage of the bid price or may be expressed in dollars and cents. The winning contractor will also be required to submit payment and performance bonds, each for the total contract award amount. The payment and performance bonds are due within 10 calendar days after award. See pages 7-8 of the solicitation.

Magnitude of Project - Mr. Crump noted the magnitude of the project is between $250,000 - $500,000. This range is one of 8 available ranges from FAR 36.204 and is not meant to imply that the project has necessarily been estimated/budgeted to the maximum of the selected range. It merely conveys that the estimate/budget lies somewhere within that range. See page 8 of the solicitation.

Insurance – The listing of the types of insurance and insured amounts are list on page 8 of the solicitation. In accordance with FAR 52.228-5, Insurance – Work on a Government Installation, insurance coverage, with the proper coverage amounts, must be maintained by the prime contractor and any subcontractors during the entire performance period of the contract. Proof of insurance is due before commencing work on the project.

Section 4, Contract Clauses

Contract Clauses - Mr. Crump discussed the contract clauses, explaining that those listed on pages 13-16 are incorporated by reference. Mr. Crump explained that clauses incorporated by reference have the same force and effect as if they were given in full text. It is important for contractors to familiarize themselves with the requirements of each clause as they will define the relationship between the contractor and Bureau of Prisons for this project. Mr. Crump next identified the contract clauses that are included in full text, found on pages 16-21 of the solicitation.

Commencement, Prosecution and Completion of Work – The performance period specified in FAR clause 52.211-10 is 147 calendar days from the date of the issuance of the Notice to Proceed.

Mr. Crump emphasized the period of performance includes the amount of time it takes the contractor to submit security clearance paperwork and to gain approval for working at the site.

See page 16-17 of the solicitation.

Liquidated Damages – This contract does include a liquidated damages clause which is detailed on page 17. If the contractor fails to complete the work with the time frame specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $840.90 for each calendar day of delay until the work is completed or accepted.

Section 5, Attachments

Davis Bacon Act - All workers must be paid in accordance with the wages contained in the wage decision #KY20190090 (Attachment 3). The wage decision details the minimum wages and fringe benefits the contractor will be required to pay for the type of work being performed. Mr.

Crump encouraged the contractors to review the wage determination in the bid documents and raise any questions/complaints they have during the advertising period to Mr. Seratt.

Furthermore, Mr. Crump indicated that “on the spot” wage surveys would be conducted during the performance period to ensure the protection of the individuals working under the terms of the contract.

Section 6, Solicitation Provisions

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction – To comply with Executive Order 11246, contractors must demonstrate a good faith effort to meet their affirmative action goals for the employment of minorities and women in the construction industry. For this project, Mr. Crump identified the minority participation goal as 10.8% and the female participation goal as 6.9%.

Next, Mr. Crump turned the meeting over to Travis Baker to present an overview of the project.

Travis Baker (Contracting Officer’s Representative:

Security Clearance Requirements -- Upon notification of contract award, contact Mr. Baker, Contracting Officer’s Representative immediately to start the clearance process. In order for your employees to work on the job site they have to complete all security clearance paperwork in accordance with HSPD-12. All contractor employees (including subcontractors) will be required to complete a security clearance packet, present picture identification in person, and be fingerprinted before the paperwork can be processed. Mr. Baker advised that at the time of fingerprinting, there will be an on-site orientation meeting each applicant will be required to attend. Contractors should allow four (4) hours for this process. Due to the required orientation, complex paperwork, etc. it is best to have all contractors and subcontractors personnel on site at one time to complete the security clearance process and orientation. Mr. Baker also discussed the requirement for contractors to access the EQUIP computer system as part of the application process. After all of the required paperwork is properly completed and the BOP has an acceptable package, and contractor’s personnel have passed a local NCIC check, personnel will be allowed to work. The complete background check (NACI) takes approximately 3-4 weeks to be completed.

Anyone failing the NACI security clearance will not be allowed on the property after notification of failure to pass security clearance, even if that person has already been working on the project.

As a reminder, the time it takes to obtain the proper security clearance is included in the contractor’s period of performance. Once the decision has been made the contractor will be immediately notified by the COR. Any of the contractor’s employees not cleared will not be allowed on the premises. Mr. Baker advised that the successful contractor should have one point of contact for security clearance applications. That point of contact should serve as the quality control monitor to ensure that only properly completed paperwork is submitted in an effort to reduce the administrative burden on both parties.

The Warden makes the final determination on all individuals allowed to work on institutional grounds. If an employee is denied, no specific reason will be given for the denial. Denial does not mean the individual has a criminal history. A security clearance denial could result from a multitude of issues (i.e., Relative in institution).

Access to the site- The project site will be opened to the contractors 5 days per week, Monday through Friday, excluding Federal Holidays.

Working Hours- The contractor will check in for work at 6:00 am and receive their ID badge prior to commencement of work. Work hours are 6:30 am to 3:00 pm, Monday through Friday, except Federal Holidays. In order to accommodate for the daily security clearance process, the contractor should allow a total of 1 hour a day for inventorying tools at the beginning and end of each work day. Work hours and work days may be altered only with a 48 hour advance approval of the Contracting Officer Representative. During an emergency situation, no work will be allowed. When leaving the site, all tools must be inventoried. Also, contract workers shall plan bring their lunch to the job site and remove consumable debris daily.

Inclement Weather and Institution Emergencies- No time extensions will be granted to the contractor unless the weather is unusually severe for the period of time in question. It is incumbent upon the contractor to demonstrate that any weather issue(s) are unusually severe for

Lexington, Kentucky for the particular period of time in question and that the weather condition(s) actually delayed the project. During an Institution “lock–down,” contractor entry will be at the Warden’s discretion and determined on a case by case basis.

Construction Material Storage – There is sufficient space for the construction material storage on institutional grounds. The successful contractor will be familiarized with the storage site at the pre-construction conference. The contractor is responsible for receiving their own products/supplies/equipment, site security and proper storage of all construction materials and equipment.

Tool Control – A locked tool box (job box) containing class B tools will be allowed on the jobsite.

Tools will need to be inventoried at the beginning and end of each work day and whenever contractors leave the site. An accurate master inventory sheet will be kept inside the job box at all times. If a tool is broken on the jobsite, report it to the Escort Officer and remove all pieces from the jobsite at the end of the work day. Make sure the tool is taken off the master inventory kept in the job box. If a tool is lost on the jobsite, report it to the Escort Officer immediately. Two locks will be placed on the tool box at the end of the work day, one owned by the contractor and one owned by the Bureau of Prisons.

Institution Code of Conduct - The contractor shall inform his employees that all tobacco products, intoxicating beverages, drugs, weapons, and cameras are strictly prohibited on institution grounds. Introduction of contraband shall be subject to the penalties prescribed by Title 18 U.S.C.-1791. Also, no fraternizing with inmates will be permitted. If you happen to know one personally, report it immediately to the Escort Officer. Finally, no green uniforms, khakis, BDU’s or shorts may be worn by the contractors.

Outline for Escorting Prospective Contractor's through site –The contractor will be under supervision at all times during the completion of the work. The contractor will submit to the COR a list of employees and types of equipment the contractor will be utilizing on a daily basis.

Approval Process – Contractor will be required to give at least a five (5) business day notice when seeking approval for utility disruption, vehicle/special equipment approval or anything that may interfere with the orderly running of the institution.

OSHA – OSHA regulations apply on federal job sites and inmates have been known to call OSHA and report unsafe conditions. Make sure all your employees obey all applicable laws & rules, including OSHA, EPA, DOT, local, state, and other regulations. Mr. Baker also reviewed the requirement to wear personal protective equipment, utilize fall protection when applicable. Also, Safety Data Sheets must be supplied for any product, chemicals, or product to be used on the job site.

Segment 2 - Site Visit Next, Mr. Baker directed the contractors outside to tour the project site.

The site visit was conducted and contractors were allowed to tour the institutional areas associated with the attic asbestos abatement project. This segment lasted approximately 1 hours and 15 minutes.

Segment 3 - Closeout Mr. Crump indicated that nothing said during this meeting constitutes a change to the solicitation.

If there is a change, it will be issued as a formal amendment posted to www.fbo.gov. Interested contractors must monitor the site for updates and acknowledge each amendment issued. Mr.

Crump indicated that the minutes would be posted to www.fbo.gov. Mr. Crump reminded everyone that the deadline for receipt of written questions is Monday, October 1, 2019 at 1:00 PM Central time. Mr. Crump adjourned the meeting at approximately 11:30 AM.

These minutes were recorded by Victor Crump, Contract Specialist at FMC Lexington and submitted by Jim Seratt, Contracting Officer at the Field Acquisition Office. Any questions regarding the content of these minutes shall be submitted in writing to Jim Seratt at jseratt@bop.gov within two calendar days of posting to www.fbo.gov. Otherwise, these minutes will stand as written.

Jim D. Seratt, Contracting Officer Date

9/27/19