Statement_of_Work.pdf

FEDERAL BUREAU OF PRISONS

STATEMENT OF WORK

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) CONTRACT

Project Information:

Location: Kansas City, KS Project Number: 4B7U Project Name: A/E Services

Part 1 General

1.1 General Requirements

The Federal Bureau of Prisons (FBOP) is seeking 2 qualified, high performing Architect/Engineering (A/E) firms with the capacity to provide various work throughout the North Central Region (for the states of Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin). The work will take place in one or more of Seventeen

(17) fully operational correctional sites managed by the North Central Regional Office (NCRO). The seventeen (17) locations consist of two (2) prison complexes, several institutions of varying security levels, and two (2) prison hospitals. Proposals for an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) will be evaluated in accordance with the method of award set forth herein. The Government will award a total of two (2) contracts subject to the conditions of the Solicitation.

1.2 Description of Services

Disciplines and services may include, but are not limited to, architecture, electrical, mechanical, structural, civil and geotechnical engineering, elevator, life-safety, fire-safety, code-compliance, LEED certification, Section 106, and hazardous material consultant services, life safety inspections, investigations, land surveys, materials testing services, comprehensive subsurface investigations, preparation of construction documents, estimates, bidding services, construction administration, and/or assistance to BOP staff in the preparation of in-house designs or related work. Services may also include special studies, reports, programming, site evaluations, environmental assessment for remediation, and other associated work.

Services under this contract may be performed in the following categories:

• Review of plans and other documents prepared by FBOP staff, or otherwise assisting in the preparation of in-house designs.

• Provide full or partial A/E services at the option of the FBOP. These services shall include, but not be limited to, schematic design, design development, construction documents, bidding services, and construction administration, including drawings, specifications, and cost estimates.

• Design and post-construction evaluations for life safety compliance.

This may include inspections and development of written reports identifying compliance with Life Safety Code or recommendations for corrective action with technical information and cost estimates in support of any changes required.

• Special studies, reports, planning, design programming, site evaluation, environmental services, LEED Certification, Section 106, cost estimating, and other related services.

The A/E shall be responsible for providing the services of a qualified Fire Protection Engineer and other outside Consultants as may be required for the completion of requested services.

The A/E shall be available for comment on any questions that arise about the work performed under this contract.

Part 2 Contract Information

2.1 Contract Type

The contract will be an Indefinite-Delivery Indefinite-Quantity (IDIQ) type. The IDIQ contract will include a (1) year base period with the possibility of four (4) option years. The initial contract period shall be for a period of twelve (12) months from effective date of contract award. In addition, four (4) option years may be exercised at the unilateral discretion of the FBOP subject to the continuing need by FBOP and a level of contract performance that meets the FBOP’s quality performance expectations.

2.2 Contract Values

The A/E will be guaranteed a minimum of $10,000 for the base year, as well as each respective option year (if exercised). The guaranteed minimum will be satisfied by the award of one or more task orders during the respective contract period. In the event a firm receives awards less than this guaranteed minimum, the Government will reimburse the A/E for the difference between the actual obligation and the guaranteed minimum. However, if a contractor fails to submit competitive proposals on a reasonable number of Task Order opportunities (as determined by the FBOP in their sole discretion), the A/E waives its right to the guaranteed minimum. The maximum value of each Task Order awarded as a result of this solicitation is $5,000,000 with an overall maximum limit of $5,000,000 per year. Each option year executed will have the same guaranteed minimum and contract maximum as the base contract period.

For the base year and each option year, the A/E shall submit hourly rates for each discipline. Additionally, overhead and profit rates shall also be submitted.

Once the rates have been determined fair and reasonable, they will be used for the life of the contract.

Part 3 Task Orders

3.1 Task Order Information

Individual task orders will be issued to the A/E defining the services needed and any associated services required. As projects are identified, individual requests for proposals (RFP) identifying the specifications/statement of work will be issued to the A/E. Procedures for award of individual Task Orders are in accordance with the FAR and the contract documents. Each RFP may include:

• Statement of Work

• The established time allotted to complete the project (period of performance)

• Acceptance criteria, if any

• Reporting requirements and list of deliverables

• Proposal due date and time

3.2 Task Order Procedures

Upon receipt of the RFP, the A/E will be given the opportunity to visit the site in question to develop a better understanding of the task order scope and aid in the preparation of their proposal. Each proposal response from the A/E shall include:

• A narrative description of procedures the A/E will follow to accomplish the task(s) along with a list of key personnel assigned to the task order.

• A price proposal offering to perform the work at a firm-fixed price.

• The A/E and any consultants detailed breakdown of the offered price, to include itemization for direct labor, materials, equipment, overhead, profit, bonding, and travel, if necessary.

• Any additional information specifically requested in the proposal.

The Government shall evaluate the proposal to ascertain that the A/E has a complete understanding of the task(s) required, will perform the task(s) effectively, and complete the project in an economical and efficient manner.

The Contracting Officer may request the A/E clarify his proposal, or justify the proposed labor hours or labor mix, or discuss any other items to assure that both parties have a complete understanding of the construction project.

Upon determination by the Government that the proposal is acceptable and the price is fair and reasonable, the Government shall issue a task order awarding the project to the A/E.

Each task order shall include the following:

• Description of work

• The requestors name and location

• Reporting requirements and list of deliverables

• Completion time frame

• Acceptance criteria

• Awarded price to complete the requirements of the project

• Appropriate funding information

3.3 Task Order Deliverables and Invoices

Upon receipt of a task order, the A/E shall proceed immediately to perform the services necessary to fulfill the scope of work. The A/E shall attend necessary meetings at the project site, in the FBOP Kansas City, Kansas, Regional Office, or other pre-determined location, for the purpose of discussing individual projects. The A/E shall document the discussions at these meetings and submit a Memorandum of Record to the Contracting Officer.

The A/E shall submit invoices for services rendered as agreed upon by the FBOP Contracting Officer.

Part 4 Technical Requirements

4.1 General Requirements

The Government has full rights and privileges to use all documents prepared under this contract.

• All designs, drawings, specifications, notes and other work developed and submitted in the performance of this contract become the property of the Government and may be utilized for other Government designs or construction projects without additional compensation to the A/E.

• The Government is to be considered the person for whom the work was prepared for the purpose of authorship in any copy-right work under Section 201 (b) of Title 17, United States Code.

• With respect thereto, the A/E agrees neither to assert nor authorize others to assert any rights or establish any claims under the design patent or copyright laws.

• The A/E hereby grants to the Government a paid-up license throughout the world to all such work to which it may assert or establish any claim under design patent or copyright laws.

The Bureau of Prisons must comply with all the current Federal Codes, Regulations, and Executive Orders. Therefore, A/E should review and become familiar with these elements, including but not limited to the following:

• Federal Acquisition Regulation (FAR) clauses will be incorporated into the procurement of the construction project. The FAR can be reviewed at www.acquisitions.gov/far/. The FAR clauses and solicitation information assembled by the Contracting Officer, when coupled with the Division 1 specifications prepared by the A/E will constitute the General Conditions of the construction contract.

• Code of Federal Regulations (CFR) Title 10 Part 436 – Federal Procurement Act of Energy Efficient Products

• Executive Order 13423 - Strengthening Federal Environmental, Energy and Transportation Management

• Energy Policy Act of 2005 (EPACT 2005)

• Energy Independence and Security Act of 2007 (EISA 2007)

• Environmental laws and regulations promulgated as a result of, among others, the Endangered Species Act, Clean Air Act, Clean Water Act, Safe Drinking Water Act, etc.

• Executive Order 13514 - Federal Leadership in Environmental, Energy, and Economic Performance (October 5, 2009)

4.2 Project Security

A. Document Security

At the conclusion of the selection process, the FBOP will provide the selected A/E with a copy of the FBOP Document Security Notice. This notice addresses Sensitive But Unclassified (Sensitive-SBU) design and building information. The A/E shall complete the Document Security Notice and include an original copy with their contract proposal.

Documents and information provided under this contract are intended for use by authorized users only and those firms and individuals with a need-http://www.acquisitions.gov/far/ to-know. The FBOP requires the holder of these documents and information to exercise reasonable care related to the dissemination, storage, handling, and destruction of Sensitive-SBU documents per the FBOP Document Security Notice. In order to reduce the potential for compromising the security of a correctional facility, or portions thereof, the A/E and their consultants shall:

• Limit the availability of potentially sensitive information concerning design layout, security features, electronic devices and systems, and utility systems. This includes, but is not limited to: building designs, floor plans, construction plans, specifications, details, equipment locations and types, utility service designs and layouts, and any additional information that may be considered a security risk.

• Limit Sensitive-SBU project information to persons having a legitimate need-to-know.

• Utilize commercial encrypted messaging systems (SSL) when electronically transmitting Sensitive-SBU design data to other D/B Contractor team members who have a need-to-know.

• All Sensitive-SBU information, either in electronic media or paper formats shall have imprinted on each page and diskette/CD:

PROPERTY OF THE UNITIED STATES GOVERNMENT

SENSITIVE BUT UNCLASSIFIED

Properly destroy documents/media when no longer needed.

In addition, the following paragraph shall be included on the cover sheet of the construction drawings and project specifications and on the label of all electronic storage media:

PROPERTY OF THE UNITED STATES GOVERNMENT

COPING, DISSEMINATION, OR DISTRIBUTION OF THESE

DRAWINGS, PLANS, SPECIFICATIONS OR INFORMATION TO

UNAUTHORIZED USERS IS PROHIBITED.

Do not remove this notice.

Properly destroy documents/media when no longer needed.

Necessary record copies of project documents for legal purposes must be safeguarded against unauthorized use for the term of retention.

Documents that are no longer needed shall be destroyed. Destruction shall be accomplished by burning or shredding of hard copy, and/or physically destroying CD’s, deleting and removing Sensitive-SBU files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

B. Secure Facilities

The A/E’s scope of work will frequently require entry into a secure correctional facility. The A/E and their consultants must coordinate with the NCR Project Manager and the assigned institution representative to obtain entry into an FBOP facility. A confidential background check (National Crime Information Center - NCIC) shall be performed by the FBOP for all A/E staff and their consultants prior to approval for entry into secure areas. The FBOP shall provide confidential background check forms, to be completed and signed by each applicant. The completed forms are confidential information, as outlined in the Privacy Act, 5 U.S.C 552a. The background investigation is required to enter secure areas of a correctional facility. The completed background check forms shall be delivered to the assigned institution representative to initiate the check.

Once the check has been completed and a decision made, the A/E shall be informed of the personnel approved for entry. In cases of disapproval, the FBOP shall only inform the A/E that entry approval has been denied, in compliance with the Privacy Act requirements.

4.3 Minimum Design Requirements

The FBOP detention and correctional facilities are unique in their design requirements, and direct analogies cannot typically be made to correctional institutions designed for state and municipal jurisdictions. These requirements are comprised of program information, technical criteria and design details. At the conclusion of the A/E selection process, each selected firm will be provided with a copy of the FBOP’s Technical Design Guidelines Manual (TDGs), and a copy of the FBOP’s Design Program Guidelines Manual (DPGs).

A. Technical Design Guidelines (TDGs)

The TDGs outline the technical criteria for the design and construction of FBOP projects. They are not developed to the level required for 100% construction documents, and are written with a Design-Build style of project in mind. The A/E shall use the information contained in these guidelines, along with their own expertise, to develop the contract documents required for each task order.

The TDGs are minimum requirements. Anything not specifically excluded by the TDGs may be proposed by the A/E and submitted to the FBOP for review and potential acceptance for incorporation into the project. If there are any materials, equipment or systems that the A/E feels would improve upon the minimum requirements and provide a better value to the Government, the A/E should submit such ideas for consideration. The FBOP encourages innovative and cost effective approaches to energy efficiency, environmentally sound design and construction practices be integrated into the project.

B. Design Program Guidelines (DPGs)

The DPGs outline the standardized design criteria for the construction and/or renovation of FBOP facilities. The DPGs include space allocation tables and functional relationship diagrams for each respective security level. When renovation within an existing facility is necessary, those modifications may deviate from the DPGs with approval from the FBOP.

Existing institutions shall not initiate renovation work simply to comply with the minimum area requirements for a function.

The A/E shall use the information contained in these Guidelines to develop a site specific set of professionally signed and sealed construction documents as required for each task order.

4.4 Building Codes and Inspections

A. Building Codes

It is the intent of the FBOP to comply with the terms and conditions of applicable permits, construction regulations, and building codes and standards. Below is a general listing of codes and standards that the A/E shall follow during the design of each task order. Other applicable codes may be defined in specific sections of the TDGs or in individual Task Orders. The A/E shall not interpret this list or the TDGs as inclusive of all applicable codes and standards to be used for the project. The A/E is responsible for determining the appropriate codes, regulations, submittals and permits for each task order and shall in no way be relieved of such responsibility. If the latest issuances of any of the following codes are determined by the A/E not to be applicable to the task order, the A/E shall inform the NCR Project Manager in writing and request a resolution.

• International Building Code (IBC) or NFPA 5000

The A/E shall use the code adopted by the local jurisdiction where the institution is located. The governing plumbing and mechanical codes are determined by the selected building code. In no case can requirements of one code be substituted for the other to offer relief of required sections.

• NFPA 101 Life Safety Code (LSC)

• NFPA 70 National Electric Code (NEC)

• NFPA 1 Uniform Fire Code (UFC)

• NFPA 13 Installation of Sprinkler Systems

• NFPA 72 National Fire Alarm Code

Where there are differences between the fire protection and life safety requirements of a national building code and the NFPA 101 or NFC, the requirements of the NFPA 101 and NFCs shall be followed and shall be acceptable as equivalencies to the specified requirements of the building code. Certain definitions and standards within the NFPA 101 Life Safety Code and the IBC are listed differently and may conflict.

The following notations resolve these issues and are in effect for the work of the project:

• The NFPA 101 shall govern for definitions of occupancy.

• Detention and Correctional occupancies (I-3 occupancies in the

IBC) are defined by the NFPA 101, § 22.1.2.3 as areas intended to serve residents for sleeping purposes.

• The NFPA 101 shall replace Chapter 10 of the IBC for building egress requirements.

• The Architectural Barriers Act (ABA) shall be used as the accessibility design standards.

• The IBC Section 1704.1 is modified with the addition of the following:

The Government requires the Contractor to provide Special Inspections as part of the Work. (Refer to TDG Section 01 45 33 – Code Required Special Inspections and Procedures.)

• Use NFPA 70 National Electric Code in lieu of IBC Chapter 27 – Electrical.

B. Code Variances and Equivalencies

It is the intent of the Federal Bureau of Prisons to comply with all applicable codes. In rare instances, the FBOP as the Authority Having Jurisdiction has granted variances or equivalencies to the NFPA 101 Life Safety Code requirements due to the unique operational conditions of a FBOP facility. The following variances and equivalencies are currently in effect:

1. Pressure Sensitive Lock Assemblies Variance; dated 12-2-96.

2. Speak Ports Variance; dated10-13-98.

3. Raising Food Pass Openings Variance; dated 11-16-98.

4. Fire Door Equivalency; dated 1-8-03.

5. Room to Room Separation Equivalency; dated 1-8-03.

6. Requirement for Single Electrical Power Disconnect Outside of the

Information Technology Equipment Room, dated 12-28-11.

Copies of these variances are provided in the TDGs, Section 01 41 00.

C. Inspections

As a federal agency, the FBOP typically does not consult with State and local government jurisdictions with respect to reviewing plans, carrying out on-site inspections, and issuing building permits. Therefore, the FBOP is responsible for these inspection and oversight elements, as the authority having jurisdiction.

The A/E shall include the services of a Fire Protection Engineer to certify compliance of the design documents and final construction with the Life Safety Code, NFPA 101 for applicable task orders. The specific requirements for life safety compliance certification will be included in the scope of each individual task order, as the level of effort required will vary for each task order.

D. State and Local Government Consultation, Review and Inspection

Although the FBOP is not required to comply with local or state zoning laws, the design should take into consideration all requirements (other than procedural requirements) of zoning laws and laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, esthetic qualities of a building, and other similar laws of a State or a political subdivision of a State, which would apply to the project if it were not a building constructed or altered by a federal agency.

4.5 Permits

The A/E shall identify all permits, licenses, registrations, or certificates required for construction of the project. When applicable, the A/E shall prepare the necessary documentation and forms required for the permits, and shall apply for, pay for, and obtain all such permits. The A/E shall comply with all terms and conditions of permits, licenses, registrations and certificates obtain for the task order.

The A/E’s permitting requirements include, but are not limited to, Executive Order 12088; Federal Compliance with Pollution Control Standards, as amended, that requires Federal Facilities to comply with applicable Federal, State, Local, and Interstate exhaust regulations and shall ensure that this project is evaluated for construction permit requirements in order to comply with all applicable regulations governing air quality, water quality, solid waste, and hazardous waste. The FBOP shall comply with all federal, state, and local environmental laws and regulations. Examples of FBOP projects with environmental concerns may include, but are not limited to: Firing Ranges (Lead), Equipment and Infrastructure Piping (Asbestos), UST Removal (spill and leak mitigation), and Lift Stations (solid/hazardous waste).

If applicable, permit information and data shall be provided by the A/E very early in the Task Order execution, in the form of a report. The report shall:

• Identify the type of permits required (construction, demolition, hazardous materials removal, operation, etc.

• Identify the permitting authority (Federal, State, Local, Inter-state agency or Commission, etc.)

• Designate the party responsible for obtaining each permit

• Identify the procedure and time required to apply for, and receive the permit

• Identify any fees required

• Identify any potential variances or exemptions required for each permit

• Describe procedures on how an exemption or variance may be obtained along with reasoning, supporting documentation, and justifications for each permit variance or exemption

• If a variance or exemption is obtained, provide a statement from the resource having jurisdiction indicating its authority

• The A/E shall evaluate all Federal, State and/or Local permits and regulations to determine if monitoring devices are required. Where required, monitoring devices shall be identified and included in the project proposal.

The A/E shall provide a follow-up report concerning the projects permit requirements with the 90% Construction Document submittal. All outstanding permit issues must be resolved prior to beginning the construction process.

4.6 Bureau Design Requirements, Submissions, and Certifications:

A. Accessibility

For all FBOP projects the ADA/ABA Accessibility Standards are mandatory. A downloadable version of the standards may be obtained from the www.access-board.gov web site. The ABA (Architectural Barriers Act) portion of the document pertains to the FBOP and other federal agencies. The ADA (Americans with Disabilities Act) portion of the document pertains to state, local and private entities, and shall not be used for the FBOP. A/E shall submit a Letter of Certification stating that the task order design complies with ABA requirements. If the task order includes construction administration services, the A/E shall submit a Letter of Certification stating that the construction is in accordance with ABA requirements.

B. Seismic Safety Requirements

The seismic safety requirements are denoted in the FBOP Technical Design Guidelines Section 01 00 03, GENERAL STRUCTURAL REQUIREMENTS. The A/E shall submit a letter from their structural engineer certifying which codes were used in the seismic design. This letter shall also contain certification from the structural engineer that the elements of the design are in accordance with those and all other appropriate seismic requirements of the local area.

C. Energy Standards

The design of systems for FBOP construction projects shall be consistent with the requirements of the Code of Federal Regulations (CFR) Title l0, Part 433, Energy Efficient Standards for the Design and Construction of New Federal and Commercial and Multi-family High Rise Residential Buildings, and Part 436, Methodology and Procedure for Life Cycle Analysis. These publications should be reviewed prior to designing any mechanical systems for FBOP facilities to define procedures to be used in the selection of mechanical equipment for FBOP facilities.

To provide documentation necessary to comply with regulations, task orders may require a life cycle cost study, per the requirements denoted in TDG Section 23 00 00 Common Work Results for HVAC. The A/E shall submit a letter of certification from their mechanical engineer stating that the design is in accordance with these energy standards. Similarly, a letter of certification will be required stating that the construction is in accordance with these energy standards.

D. ACA Standards

The A/E shall comply with the specific physical plant Standards for Adult Correctional Institutions (or Standards for Adult Local Detention Facilities, as applicable), published by the American Correctional Association (ACA), as listed in the Design Program Guidelines. The A/E shall certify that the design and the completed construction complies with the ACA Standards.

E. Federal Aviation Administration (FAA) Notice for Tall Structures

The Federal Bureau of Prisons shall comply with FAA Form 7460-1, Notice of Proposed Construction or Alternation, for obstruction evaluation/airport airspace analysis for construction off or on an airport.

This form can be found at www.faa.gov, and it denotes when new construction or alternation requires this notice and when it does not. This typically comes into play when a project involves an extraordinarily tall structure, such as a water tower; and/or is in close proximity to an airport.

The A/E shall evaluate whether or not the project will require this notice to the FAA, and assist the FBOP with notice compliance.

F. Environmental Awareness and Historical Preservation

The FBOP must comply with the National Environmental Protection Act (NEPA) and the National Historic Preservation Act (NHPA). The FBOP will determine the significance of the potential NEPA and NHPA aspects of the project. This determination will be reflected in the requirements set forth in the project description, and may require the A/E to provide specialty consultants that are skilled in aspects of the NEPA and NHPA requirements.

If required, these specialty services will be specifically called for in the task order scope of work. In the event these specialty services are not required by the task order scope of work, the NCR Project Manager should be notified by the A/E if the A/E is aware of any potential NEPA or NHPA issues.

G. Sustainable Design Requirements

The Bureau’s TDGs include Section 01 81 13 – Sustainable Design Requirements. Although this section is written for a Design-Build type of new construction contract, the Regional Office would like to consider the general requirements and procedures for compliance with U.S. Green Building Council (USGBC) LEED prerequisites and credits needed to obtain LEED Certified, Silver, Gold, or Platinum certification.

The FBOP is interested in implementing sustainable building principles and practices into the design, construction, operations and maintenance of our buildings where feasibly possible. This goal is further supported by Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, which requires each Federal Agency to comply with the Guiding Principles set forth in the 2006 Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding (MOU).

4.7 Document Format

All drawings and specifications shall be produced using the standard English measurement (Feet/Inches). However, the drawings shall also include a legend or chart that documents the conversion values of the corresponding metric system (SI) measurements. Final drawings and specifications required under this contract shall be provided both in hard copy and electronic form, suitable for viewing and revision on an IBM compatible computer. All documentation shall be delivered on CD or DVD. The final documents (drawings and specifications) shall be provided in Adobe Portable Document Format (pdf).

Part 5 Miscellaneous Requirements

5.1 Travel

The cost of travel in connection with the services under this contract shall be agreed upon by the A/E and the FBOP. Travel costs will be established for each task order prior to acceptance and notice to proceed by the Contracting Officer.

Compensation for travel shall be based on actual costs and travel allowance of contract employees in accordance with the Federal Acquisition Regulations and applicable Government travel regulations.

All travel in connection with individual task orders must be included in the detailed cost breakdown. No other travel costs will be reimbursed.

5.2 Contract Labor Rates

Hourly labor rates to be used for this contract shall be listed in the Fee Schedule

- Service Costs. Contract costs shall include applicable overhead and profit as proposed and allowed under this contract.

5.3 Miscellaneous Services

Miscellaneous services in connection with individual task orders such as postage, delivery services, long distance telephone calls, and duplicating costs, shall be provided by the A/E without additional expense to the FBOP.