Cover and solicitation.pdf

SOLICITATION NO.: 15B40120B00000001

REPAIR BOILERS

MCC Chicago

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS FIELD

ACQUISITION OFFICE

GRAND PRAIRIE, TX 75051

ISSUE DATE: January 22, 2020

BID DUE DATE: March 4, 2020 @ 2:00pm CST

BID SHALL BE ADDRESSED TO:

FEDERAL BUREAU OF PRISONS

FIELD ACQUISITION OFFICE

U.S. ARMED FORCES RESERVE COMPLEX

346 MARINE FORCES DRIVE

GRAND PRAIRIE, TX 75051

ATTN: MICHELLE MORGAN

15B40120B00000001 Repair Boilers

BID SUBMISSION PROCEDURES

DEADLINE FOR RECEIPT OF BIDS: March 4, 2020

2:00 P.M. CST.

MAIL OFFERS TO:

FEDERAL BUREAU OF PRISONS FIELD ACQUISITION OFFICE

346 MARINE FORCES DRIVE GRAND PRAIRIE, TX 75051

ATTN: MICHELLE MORGAN, CONTRACTING OFFICER (972)352-4504

***********************************IMPORTANT*********************************

CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT WWW.SAM.GOV. YOUR BUSINESS SIZE METRICS INFORMATION IN SAM MUST MEET THE SMALL BUSINESS SIZE STANDARD REQUIREMENT FOR NAICS CODE 238220 (reference FAR provision 52.219-1 in the Representations & Certifications section of your SAM registration).

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your Bid, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Each offeror shall complete and submit the following forms, clauses, and statements (1 original ink signature copy). Failure to furnish all required information or any rejection of or addition to the terms and conditions of the solicitation may cause your offer to be considered as non-responsive and ineligible for award.

A. SECTION 1: SF-1442 – Solicitation, Offer, and Award, pages 1 & 2

Complete blocks 10 and 14 thru 20c (remember to include the signer’s title in block 20a). Ensure the address typed in block 14 matches the address in your SAM registration.

Blocks 21 thru 31c are to be completed only by the Government!

Include your Unique Identity Identifier#, TAX ID#, CAGE# and Email address where indicated in block 10.

B. SECTION 4: Attachments page #21

SF-24 BID BOND:

Reference provision 52.228-1 and FAO-0001.

***************************IMPORTANT***************************

The bid bond must be submitted in original (ink signatures) with seals. Penal Sum of the bond must be at least 20% of the bid price.

Ensure that the surety information matches the information for the surety as posted in Treasury Circular 570, at the Department of the Treasury website:

http://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm

Ensure the liability limit for the surety (located at the bottom of the SF-24) is expressed as a dollar amount (not a percentage). Ensure the liability limit is either equal to the amount reflected for the surety in Treasury Circular 570 or is in an amount at least equal to the penal sum of the bond.

In the bid identification section, ensure the bid date reflects the current date that bids are due per the solicitation (review all amendments, if applicable, to http://www.aptac-us.org/ check for any bid due date extensions).

Ensure the information for the Principal matches the information as posted in your SAM registration (e.g., company name and address).

C. SECTION 7: Representations and Certifications, pages 26-29

1. FAR provision 52.209-13 Offerors should mark as applicable either (b)(1) or (b)(2). If (b)(2) is applicable, please follow additional instructions provided.

2. FAR provision 52.204-8

NOTE: Pursuant to section (b)(1) of this provision, provision 52.204-7 is also included in the solicitation. Therefore, offerors should not mark either of the two options under section (b)(2). Leave these options unmarked!

3. FAR provision 52.204-24

Offerers should mark as applicable either will or will not in 52.204-24(c). If the response is affirmative, the offeror shall provide the information required in 52.204-24 (d)(1), (2), (3) and (4).

4. Past Performance Past Performance Information should be submitted prior to bid closing.

Submit pages 1, 2, and 26-29 of the solicitation document Amendments, if any, may either be submitted in their entirety OR be acknowledged in Block 19 of the SF-1442, Acknowledgement of Amendments (see Block 11 of the SF-30, amendment of solicitation/modification of contract). If an amendment requires the contractor to fill-in information, that amendment must be submitted in its entirety.

PRE-BID CONFERENCE & SITE VISIT:

**********************************IMPORTANT**********************************

A pre-Bid conference and site visit are scheduled for February 12, 2020 at 9:00 A.M.

local time, at the MCC Chicago, 71 W. Van Buren, Chicago, IL. Attendance is not mandatory (see provision 52.236-27 Alternate-I of the solicitation).

Criminal History Check forms checks will be required for all attendees. The authorization for release of information (Form BP-A0660 NCIC Check, attached) shall be completed for each attendee and sent to msmurray@bop.gov by 9:00 am local time on February 10, 2020. The forms must include a cover letter indicating they are for the Repair Boilers project:

• Company name and list of individuals from the company who will be attending.

• Phone number/point of contact for the company for notification of any NCICs that are denied.

Please follow up with Michael Murray, 312-322-0567 x1579.

All contractors approved to enter the institution for the pre-bid meeting must bring a photo ID and your license plate number. The following are not allowed: Weapons (including pocket knives), cell phones, blackberries, pagers, radios, cameras, drugs, and alcohol. Please arrive at least 15 minutes early to allow time for security procedures.

Any questions relating to the solicitation shall be sent to Michelle Morgan, Contracting Officer, via email at mrmorgan@bop.gov no later than February 17, 2020 at 10:00 AM CST. Offerors shall offer in accordance with current solicitation to include all amendments (if any) as issued by the Contracting Officer only.

mailto:msmurray@bop.gov mailto:mrmorgan@bop.gov

Past Performance Information Required Refer to Provision FAO-0022, List of References and Banking Information

Attached to this document are two past performance questionnaires, one for your references, and one for your bank. While it is not mandatory, we ask that contractors provide the documents prior to the bid opening.

1. Past Performance Questionnaire: Forward this document to at least 5 companies/Government agencies who you have current work or have completed work within the last 24 months.

The references submitted should be in the same range as your bid price. Please submit reference forms for projects of a similar nature or as similar as possible. If you do not have references similar to what you are bidding for this project, please indicate so by including a separate letter with your bid stating so. Not having references similar will not determine your bid non-responsive.

2. Bank Reference: Forward this document to your bank and inform them in writing they are authorized to respond to this document. Ensure they are aware that only this document will be accepted.

You are responsible to ensure the questionnaires are delivered to your references, and that they respond via forwarding the completed reference to mrmorgan@bop.gov. The completed reference documents must come from your reference, and not from an email address in your firm.

Each offeror is requested to submit their offer with the following offer label:

This label shall be completed and used on the envelope containing the offer. This envelope shall be placed inside of shipping boxes or envelopes supplied by couriers such as FedEx. Complete the information on the label and cut and paste or transfer it to the LOWER left corner of the envelope containing your offer (not on the courier envelope/packaging). Print or type your name and address in the UPPER left corner of the envelope containing your offer.

BID

SOLICITATION NO.

15B40120B00000001

Date For Receipt of Bids/Offers

Time for Receipt of Bids/Offers

OFFICE DESIGNATED TO RECEIVE BIDS/OFFERS

Federal Bureau of Prisons Field Acquisition Office 346 Marine Forces Drive Grand Prairie, TX 75051

Contracting Officer

Michelle Morgan

The contractor you are receiving this document from intends to offer a bid to the Federal Bureau of Prisons for an upcoming project. As a potential bidder who may receive the contract, it is required by law that Past Performance be examined. The intention of this request is to ensure contractor responsibility prior to expending your tax payer dollars and awarding a federal contract. It is imperative before we award tax dollars to firms, they are deemed capable and responsible.

A brief one (1) page survey is attached with a second page for comments. Please ensure you provide your professional opinion in the comments section so that I may combine your rating and comments into a fair rating. Please submit responses by March 4, 2020 by 2:00 pm as this is the day of the bid opening. Please scan and email back.

Please provide the name of the company for whom you are providing the reference: ____________________________ Please provide the following information regarding YOUR Company/Government Agency in case I have questions:

a. Name of Company/Government Agency:

b. Telephone Number:

c. Name/Title of Contact Person:

d. Contact Person E-Mail Address:

e. Description of Work Performed:

f. Amount of Contract:

g. Contract Status: Active or Complete ( circle one)

h. List Month/Year of Completion (if applicable):_

If you have any questions please do not hesitate to contact me, Michelle Morgan, Contracting Officer, at 972-352-4504.

Your assistance is greatly appreciated!

THIS DOCUMENT MUST BE SENT DIRECTLY TO mrmorgan@bop.gov. DO NOT EMAIL BACK TO THE REFERENCED

CONTRACTOR.

This document, once completed, must be emailed to mrmorgan@bop.gov. Do not return this document to the Contractor who forwarded you this document.

mailto:d%20to%20mrmorgan@bop.gov.

RESPONSIBILITY QUESTIONNAIRE

Contractor Name:

RATING

1 5/6 10 Poor Average Best

PERFORMANCE

WORKLOAD

How would you rate their overall performance to date?

How would you rate the contractor’s adherence to contract delivery and/or performance schedule?

How would you rate the contractor’s quality control?

How would you rate the contractor’s efforts in fostering good business relations?

How would you rate the contractor’s meeting all the contract requirements?

Has the contractor required changes to the contract due to contractor problems?

Yes No Comments

BUSINESS

ETHICS

Based on your observations, do you believe the contractor to be ethical in their business relationship with your organization?

Are you aware of any ethics problems being experienced by the contractor?

ORGANIZATION Does the contractor demonstrate good organizational structure?

Do you have recourse within the company if you are not satisfied with the on/off-site supervision? (Please explain under comments)

Are you aware of any organizational deficiencies with the contractor? (If yes, please explain under comments)

RESOURCES Did the contractor demonstrate themselves to have sufficient financial resources?

Did the contractor demonstrate themselves to have sufficient qualified personnel resources?

LEGAL Are you aware of any legal problems being experienced by the contractor?

GENERAL

If the work is complete would you have the contractor come back for another contract if this contract were completed?

Do you have anything else you would like to add? Please attach any notes you may have in reference to this contractor, either positive or negative.

Signed: Date:

Company Name:

PLEASE PROVIDE ANY COMMENTS EITHER POSITIVE OR NEGATIVE THAT YOU BELIEVE

COULD IMPACT THE GOVERNMENTS ABILITY TO DO BUSINESS WITH THIS

FIRM:

BANKING QUESTIONNAIRE

The contractor you are receiving this document from intends to offer a bid to the Federal Bureau of Prisons for an upcoming project. As a potential bidder who may receive the contract, it is required by law that Past Performance be examined. The intention of this request is to ensure contractor responsibility prior to expending your tax payer dollars and awarding a federal contract. It is imperative before we award tax dollars to firms, they are deemed capable and responsible.

A brief one (1) page survey is attached. Please ensure you provide the date the contractor’s bank account was opened, and respond to each of the three questions posed. The document does not require any detailed bank account information.

Please submit responses by March 4, 2020 @ 2:00 pm, as this is the day of the bid opening. Please scan and email back.

If you have any questions please do not hesitate to contact me, Michelle Morgan, Contracting Officer, at 972-352-4504.

Your assistance is greatly appreciated!

This document, once completed, must be emailed to mrmorgan@bop.gov. Do not return this document to the Contractor who forwarded you this document.

mailto:d%20to%20mrmorgan@bop.gov.

CONTRACTOR FINANCIAL INQUIRY:

THE INTENTION OF THIS REQUIREMENT IS TO ENSURE CONTRACTOR FINANCIAL

RESPONSIBILITY PRIOR TO AWARDING A FEDERAL CONTRACT. THE COMPANY

LISTED BELOW HAS GIVEN YOUR NAME AND INFORMATION SO THAT WE MAY

CONTACT YOU TO INQUIRE REGARDING THEIR STANDING WITH YOUR BANK. IF

YOU HAVE ANY QUESTIONS PLEASE DO NOT HESITATE TO CONTACT ME AT

972-352-4504.

Contractor:

Contractor Name:

Contractor Point of Contact:

Contractor Address:

Name and Address of Financial Institution:

Name of Bank:

Bank Point of Contact:

Bank Address:

PLEASE ANSWER THE FOLLOWING:

1. Does the contractor maintain satisfactory account status (making timely debt payments, maintains positive cash flow and overdraft protection, etc.)?

[ ] always [ ] often [ ] not often

2. What credit standing does the contractor currently have?

[ ] excellent [ ] fair [ ] poor

3. Generally, their average monthly balance in the last six months is:

[ ] less than $10,000 [ ] $10,000 - $100,000 [ ] greater than $100,000

Signature and Title of Bank Representative Date

THIS DOCUMENT MUST BE SENT DIRECTLY TO mrmorgan@bop.gov. DO NOT EMAIL BACK TO

THE REFERENCED CONTRACTOR.

DATE ACCOUNT OPENED:

15B40120B00000001 Page 1 of 29

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

6. PROJECT NO.

4C8U

7. ISSUED BY CODE BFAO 8. ADDRESS OFFER TO

Federal Bureau of Prisons Field Acquisition Office US Armed Forces Reserve Complex 346 Marine forces Drive Grand Prairie, TX 75051

Field Acquisition Office US Armed Forces Reserve Complex 346 Marine forces Drive Grand Prairie, TX 75051

9. FOR INFORMATION CALL: a. NA ME

Michelle Morgan

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

(972) 352-4504

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

X SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

1/22/2020

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

SOLICITATION

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

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

The selected contractor shall provide all materials, labor, and equipment to Repair Boilers at the Metropolitan Correctional Center (MCC) located in Chicago, IL in accordance with the attached Specifications.

*INCLUDE THE FOLLOWING INFORMATION*

Tax ID#:______________________

UNIQUE ENTITY IDENTIFIER#:______________________

EMAIL ADDRESS:

CAGE CODE:

11. The Contractor shall begin performance 10 calendar days and complete it within 243 calendar days after receiving award, X 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 *See FAO-0001, paragraph (b), on page 4*

12b. CALENDAR DA YS

13. ADDITIONAL SOLICITATION REQUIRE MENTS

A. Sealed offers in original and 0 copy to perform the work required are due at the place specified in item 8 by March 4, 2020, no later than 2:00 p.m. local time. 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.

B. An offer guarantee is, is not required.

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

D. Offers providing less than __90__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

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

15B40120B00000001 Page 2 of 29

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

AMOUNTS TOTAL OFFER AMOUNT: $___________________________

The successful contractor shall be responsible for all applicable federal, state and local taxes.

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

19. ACKNOW LEDGMENT OF AMENDMENTS

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

A MENDMENT NO.

DATE.

20a. NA ME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED

AW ARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

X3-FP40105PZ 4C8U -25CC SMALL BUSINESS YREG: V8U30001

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM 27 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) (5)

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

71 W. Van Buren Chicago, IL 60605

71 W. Van Buren Chicago, IL 60605

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.

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)

Michelle Morgan

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

15B40120B00000001 Page 3 of 29

Table of Contents Section Description Page Number

1 Solicitation, Offer and Award 1 2 Special Contract Requirements 4 3 Contract Clauses 9 4 Attachments 21 5 Solicitation Provisions 22 6 Representations and Certifications 26

15B40120B00000001 Page 4 of 29

Section 2 - Special Contract Requirements

Clauses by Full Text

FAO-0001 Bonds

(a) Bid Guarantee. Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in provision 52.228-1, in the form of twenty percent (20) of the bid price or not to exceed $3,000,000. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A bid bond is not required for bids of $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows; a Performance Bond (Standard Form

25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $150,000 or less)

(1) Performance Bond: The penal sum of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(c) For construction contracts greater than $30,000 but not greater than $150,000, the Contracting Officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives (FAR 28.102-1(b)(1)):

(1) A Payment Bond;

(2) An irrevocable letter of credit (ILC);

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

(5) A deposit of the types of security listed in 28.204-1 and 28.204-2.

(d) Individual Sureties.

(1) Bidders may elect to furnish individual surety bonds. If individual surety bonds are furnished for bid guarantees, payment or performance bonds, the individual sureties must submit their bonds proof of ownership and value of the assets which they claim in their net worth at time of bid opening. The Government's preferred method of proof is to have a statement of net worth prepared by a Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP). Statements from a CPA that contain disclaimers are not acceptable. The statement of net worth on the Standard Form 28, Affidavit of Individual Surety, is insufficient and will not be accepted without additional proof of value and ownership.

(2) Bidders are cautioned that individual sureties must provide complete and detailed information in Block 9 of Standard Form 28 concerning other contracts on which they have provided bonds. This information shall include contract number, contract location, amount, and type of bond and telephone number of the involved contracting office. Failure to provide the proof and information required may result in rejection of the bid or termination of the contract for failure to provide adequate bonds.

FAO-0002 Magnitude The magnitude of this project is between $250,000.00 and $500,000.00.

FAO-0003 Required Insurance See FAR 52.228-5, Insurance - Work on a Government Installation.

(a) The contractor shall, at his own expense, provide and maintain during the entire performance 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 $100,000.00

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 $100,000.00.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of: Per accident or occurrence for bodily injury $500,000.00 This insurance shall include contractor's protective and contractual liability.

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

Per person $200,000.00 Per Occurrence for Bodily Injury $500,000.00 Per Occurrence for Property Damage $ 20,000.00

15B40120B00000001 Page 5 of 29

FAO-0004 Pre-Construction Conference

(a) Prior to the start of construction, Contracting Officers shall call a conference with the contractor, subcontractor(s), Warden, Controller/Business Administrator, Safety Manager, Facilities Administrator, Project Representative, A&E firm, Captain and other interested personnel to discuss the statutory labor standards, prevailing wage requirements, submission of the contractor's payrolls, subcontractor's responsibilities, institution work schedules, local policies, contraband, parking, storage of vehicles and equipment, etc.

(b) The Contractor shall familiarize himself/herself with all procedures involved in normal institution routines. Any requirements which may constitute a problem or result in conflict will be brought to the attention of the Contracting Officer or his/her representative for determination.

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 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.

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.

15B40120B00000001 Page 6 of 29 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 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’s Representative (COR) will approve the amount of payment by signing. The approved application for payment shall be forwarded 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.

(c) The following information is required with each application for payment:

• Name and address of contractor

• Contract number

• Contractor invoice/application for payment number

• Description, price, and quantity of construction completed/rendered

• Payment terms (reference the contract payment clause)

• Other substantiating documentation or information required by the contract

• Name, title, and phone number of official to be notified in the event of a defective invoice

• Contractor TIN (Tax ID Number)

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-0009 Contract Security (3000-03 Human Resources Management Manual) The following security measures will be applied to all contract employees who will be working under the terms of the contract:

National Crime Information Center (NCIC) Check Name Check Fingerprint Check (FD-258) Completed OF-306, Declaration for Federal Employment, and Appropriate Resume or Optional Application Completion of the Contract Pre-employment Form Release of Information

The contactor should be aware that the time required for contractor security clearances to be completed may vary. For the purposes of this solicitation, due to the location of the project, _0__ calendar days have been included in the performance period specified in FAR clause 52.211-10. The number of days listed above is contingent upon the contractor providing completed clearance packages for their employees within 10 calendar days of receipt of the Notice to Proceed. For any subsequently awarded subcontract, completed security clearance packages for subcontractor workers shall be submitted in conjunction with the completed SF-1413.

15B40120B00000001 Page 7 of 29 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) to the extent that those functions apply to the contract.

The Contract Administration Office is required, however, to obtain written authorization from the Procuring Contracting Officer (PCO) to perform any function listed under 42.302(b). Specifically, the Administrative Contracting Officer (ACO) is required to obtain written authorization to perform the below referenced functions FOR CONSTRUCTION CONTRACT AWARDS:

(1) Negotiate or negotiate and execute supplemental agreements incorporating contractor proposals resulting from change orders issued under the Changes clause. Before completing negotiations, coordinate any delivery schedule change with the contracting office.

(2) Negotiate prices and execute priced exhibits for unpriced orders issued by the contracting officer under basic ordering agreements.

(3) Negotiate or negotiate and execute supplemental agreements changing contract delivery schedules.

(4) Complete Contractor Performance Assessment Report System (CPARS) evaluations of contractor performance in accordance with FAR Subpart 42.15.

Should any other function under FAR Subpart 42.15 not listed above be required, the ACO is required to contact the PCO for authority.

FAO-0011 Schedule of Values The Contractor shall prepare a Schedule of Values (SOV) for the project and submit to the Contracting Officer for approval prior to submitting the first application for payment. The SOV shall be correlated with the construction schedule. The SOV shall be formatted per the Construction Specification Institute Master Format structure. The Contractor may propose an alternate organizational format to the Contracting Officer for approval.

A) The Schedule of Values shall include:

1. Project name, location, and contract number;

2. Contractor’s name and address;

3. Date of submittal.

B) The SOV shall be arranged in a tabular form with separate columns to indicate the following for each item listed:

1. Description of Work or Material;

2. Related specification section, if applicable;

3. Name of subcontractor, if applicable;

4. Name of manufacturer or fabricator, if applicable;

5. Name of supplier, if applicable;

6. Change orders (modifications) that have affected value, if Applicable;

7. Dollar value;

8. Percentage of Contract sum rounded to the nearest percent, adjusted to total 100 percent.

C) The SOV breakdown shall breakdown the contract sum in sufficient detail to facilitate continued evaluation of applications for payment and progress reports. The contractor should break principal subcontract amounts down into several line items.

D) SOV amounts shall be rounded to the nearest whole dollar. The total of all SOV amounts shall equal the total contract amount.

E) The contractor shall progress the percentage of completion, with the concurrence of the Contracting Officer’s Representative, for each value on a monthly basis in conjunction with the preparation of each monthly application for payment. The progressed value percentages shall directly correlate to the calculated total amount due for each monthly progress payment.

F) The SOV shall remain fixed for the duration of contract performance. Any revisions to the SOV must be requested in writing, with justification, for approval by the Contracting Officer.

FAO-0012 Progress Meetings The Administrative Contracting Officer (ACO) shall conduct progress meetings at the project site on a monthly basis, or at intervals as determined by the ACO.

(a) At a minimum, the attendees shall include but is not limited to:

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(1) FBOP: Administrative Contracting Officer, Contracting Officer’s Representative (COR), Facility Administrator/Manager, Architect/Engineer (if applicable), Other Personnel (Executive Staff, Captain, Safety Manager, etc.).

(2) Contractor: Project Manager, Superintendent, and technical support disciplines as appropriate (Subcontractors, Manufacturers, Suppliers, etc.).

(b)The meeting should include, but is not limited to issues such as:

Administrative Contracting Officer:

(1) Old business from previous progress meeting(s);

(2) Status of modifications, certified payrolls, submittals, requests for information (RFI);

(3) Review of payments made to date and review/approve current payment request;

(4) Status of modification proposal requests;

(5) Discuss new business.

COR:

(1) Status of escort coverage;

(2) Review gate or Sallyport entrance/exit issues;

(3) Discuss other delays contractor may be experiencing;

(4) Discuss performance/quality issues.

Contractor:

(1) Review/discuss updated progress schedule;

(2) Provide 30 day outlook;

(3) Discuss other issues affecting performance.

FAO-0013 Contract Closeout Procedures (for construction contracts exceeding SAT) 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:

(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).

http://www.aiabookstore.com/ http://www.gsa.gov/

15B40120B00000001 Page 9 of 29

Section 3 - 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): https://www.acquisition.gov/far/ Clause Title

52.202-1 Definitions (Nov 2013)

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 (Sept 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

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 (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

52.203-19 Prohibition on Requiring Certain Internal confidentiality Agreements or Statements (Jan 2017)

52.204-2 Alt II Security Requirements (Aug 1996) - 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 (Oct 2018)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-23 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (July 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

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

52.219-14 Limitations on Subcontracting (Jan 2017)

52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013)

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 Act - Overtime Compensation (May 2018) http://www.arnet.gov/far http://www.arnet.gov/far

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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 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 (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (January 2019)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

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)

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

52.223-6 Drug Free Workplace (May 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.223-20 Aerosols (June 2016)

52.223-21 Foams (Jun 2016)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

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)

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52.228-11 Pledges of Assets (Aug 2018)

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 (Oct 2010)

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)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to small business Subcontractors (Dec 2013)

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)

52.236-13 Alt I Accident Prevention (Nov 1991) Alt I (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984) [Electricity (120 v), restrooms, and potable water]

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997) - Alternate II (Apr 1984) [ 2 sets]

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984)

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52.243-4 Changes (June 2007)

52.244-6 Subcontracts for Commercial Items (Aug 2019)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering - Construction (Oct 2015)

52.249-2 Alt I Termination for Convenience of the Government (Fixed Price) (Apr 2012) - Alternate I (Sep 1996)

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

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall…