15F06719R0000004_0009_23AUG19Final.pdf

15F067-19-R0000004 0009 RMACC

Federal Bureau of Investigation

Request for Proposal 15F067-19-R0000004 For

Regional Multiple Award Construction Contracts (RMACC) November 14, 2018

Revision 4

August 23, 2019

SECTION A SOLICITATION/CONTRACT FORM

See Attachment 1 Standard Form (SF) 1442 Solicitation, Offer, and Award (Construction, Alteration, or Repair)

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM NO SUPPLIES/SERVICES QTY UNIT TOTAL VALUE

BASE PERIOD

CLIN 0001 CONSTRUCTION SERVICES 1 LS NOT TO EXCEED _____________

The Contractor shall provide all construction and alteration services including but not limited to:

general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, roadways and commissioning services (when requested) in accordance with Section C Statement of Work and all subsequent SOW provided at the task order level.

FFP

FOB: DESTINATION

CLIN 0002 NON-LOCAL/FOREIGN TRAVEL, 1 LS NOT TO EXCEED TBD at the TO Level

REGION 3 ONLY

Non-local/foreign travel as required. See Section H Special Contract Requirements, H.45 Non-Local/Foreign Travel, Region 3 Only.

COST

OPTION PERIOD 1

CLIN 1001 CONSTRUCTION SERVICES 1 LS NOT TO EXCEED _____________

The Contractor shall provide all construction and alteration services including but not limited to:

general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, roadways and commissioning services (when requested) in accordance with Section C Statement of Work and all subsequent SOW provided at the task order level.

CLIN 1002 NON-LOCAL/FOREIGN TRAVEL, 1 LS NOT TO EXCEED TBD at the TO Level

Non-local/foreign travel as required. See Section H Special Contract Requirements, H.45 Non-Local/Foreign Travel, Region 3 Only.

OPTION PERIOD 2

CLIN 2001 CONSTRUCTION SERVICES 1 LS NOT TO EXCEED _____________

The Contractor shall provide all construction and alteration services including but not limited to:

general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, roadways and commissioning services (when requested) in accordance with Section C Statement of Work and all subsequent SOW provided at the task order level.

CLIN 2002 TRAVEL, REGION 3 ONLY 1 LS NOT TO EXCEED TBD at the TO Level

NON-LOCAL/FOREIGN

Non-local/foreign travel as required. See Section H Special Contract Requirements, H.45 Non-Local/Foreign Travel, Region 3 Only.

OPTION PERIOD 3

CLIN 3001 1 LS NOT TO EXCEED _____________

The Contractor shall provide all construction and alteration services including but not limited to:

general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, roadways and commissioning services (when requested) in accordance with Section C Statement of Work and all subsequent SOW provided at the task order level.

CLIN 3002 NON-LOCAL/FOREIGN TRAVEL, 1 LS NOT TO EXCEED TBD at the TO Level

Non-local/foreign travel as required. See Section H Special Contract Requirements, H.45 Non-Local/Foreign Travel, Region 3 Only.

OPTION PERIOD 4

CLIN 4001 1 LS NOT TO EXCEED _____________

The Contractor shall provide all construction and alteration services including but not limited to:

general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, roadways and commissioning services (when requested) in accordance with Section C Statement of Work and all subsequent SOW provided at the task order level.

CLIN 4002 NON-LOCAL/FOREIGN TRAVEL, 1 LS NOT TO EXCEED TBD at the TO Level

Non-local/foreign travel as required. See Section H Special Contract Requirements, H.45 Non-Local/Foreign Travel, Region 3 Only.

B.1 TOTAL MINIMUM AND MAXIMUM ORDER AMOUNTS

B.1.1 MINIMUM ORDER AMOUNT:

The total minimum order amount for the entire five year performance period for each Indefinite-Delivery Indefinite-Quantity (IDIQ) contract is $5,000.

Issuance of the first task order under the resultant IDIQ contracts for the four Regional/Pool Seed Projects constitutes the Government obligation of the minimum order amount.

A single task order to obligate the minimum order amount of $5,000 will be issued concurrently with the award of all remaining resultant IDIQ contract(s) with a SOW that is TBD. The minimum order amount will be subtracted from the total negotiated TO amount when a SOW is added via modification. See Section G Contract Administration Data, paragraph G.3 Invoicing and Payment of the Minimum Order Amounts for invoicing and payments procedures, when required.

B.1.2 TOTAL MAXIMUM ORDER AMOUNT

The total maximum order amount for the entire five year performance period for each IDIQ contract is:

B.1.2.1 Each Region 1 IDIQ contract: $1,500,000,000

B.1.2.2 Each Region 2, Pool A IDIQ contract: $450,000,000

B.1.2.3 Each Region 2, Pool B IDIQ contract: $450,000,000

B.1.2.4 Each Region 3, IDIQ contract: $50,000,000

The total maximum amount may only be exceeded by the issuance of a written, bi-lateral modification between the Government and Contractor. If the Government's requirements for services does not result in orders for the amount described as the "maximum", the event shall not constitute the basis for an equitable adjustment under the contract.

B.1.3 MAXIMUM, AGGREGATE RMACC PROGRAM AMOUNT

The total maximum aggregate RMACC program amount for all IDIQ contracts for the life of the RMACC program is $2,000,000,000.

B.2 CONTRACT TYPE

The contracts will be firm-fixed price (FFP) indefinite-delivery, indefinite-quantity (IDIQ) type contracts for construction services with Cost CLINs for non-local travel only. All Task Orders issued will be FFP.

TOs for Region 3 will be FFP with a Cost only CLIN for non-local/foreign travel, as required. The Government will provide a NTE amount for the Region 3 non-local/foreign travel, when required.

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The Federal Bureau of Investigation (FBI) requires multiple indefinite-delivery, indefinite-quantity (IDIQ) type contracts to provide construction services for specific regions/pools within the Continental United States (CONUS) and Outside the Continental United States (OCONUS). These Regional Multiple Award Construction Contracts (RMACC) contracts will meet a majority of the FBI infrastructure needs for construction maintenance, repair, and renovation projects within the 50 United States and its territories. Each contract will provide prompt responses on an as-needed basis for routine and emergent requirements FBI construction projects at various locations in the continental United States (CONUS), United States territories, and outside the continental United States (OCONUS). It is anticipated that the preponderance of construction services will occur in Huntsville, AL. Each resultant IDIQ contract will include one (1) base year and four (4) option years.

C.2 SCOPE

The Contractor shall provide a wide range of construction and alteration services including but not limited to: general construction, new construction, real property demolition and repairs, retrofit/renovation of complete building systems, site work, site utilities, and roadways. The type of real property includes but is not limited to operations buildings, hangars, ranges, commercial buildings and their mechanical and electrical systems, administrative offices, training centers, data centers, and firing ranges. Project delivery methods will include, but are not limited to, Design-Build (DB), Design-Bid-Build (DBB), and Early Contractor Involvement (ECI).

C2.1 The Contractor shall provide all required personnel, facilities, equipment, and materials for multiple and concurrent task orders within the respective regions/pools throughout the CONUS, its territories, and OCONUS. The awardees shall ensure that all activities performed by its personnel, subcontractors and suppliers are executed as required in compliance with all applicable environmental and safety laws and regulations and will meet all relevant, appropriate, and applicable standards. Specific requirements will be detailed in each task order general requirements, specifications, and drawings. The description of these requirements will vary for each acquisition dependent upon the needs of the requiring entity.

Projects will include a variety of assignments involving Divisions throughout the FBI.

C.2.2 The Contractor shall submit the required industry standard data sheets/samplings for any proposed equivalent/or equal products to the COR for written approval prior to the purchase and/or installation of any manufacturer’s product that is specified at the Task Order (TO) level.

C.3 RMACC REGIONS

The RMACC will consist of three (3) Regions with a minimum of three (3) contracts per Region/Pool. See Table 1 RMACC Regions.

C.3.1 REGION 1: Region 1 will consist of large and small businesses located throughout the Continental United States (CONUS) who will bid on projects with estimated values greater than $12,000,001, not including fit-out costs. Estimated construction project values under $12,000,000.00 at all other nationwide and territorial locations are reserved for small business pools only.

C.3.2 REGION 2: Region 2 is 100% set-aside for small businesses who will propose on projects either specific to Redstone Arsenal (RSA) region centered in Huntsville, AL or the National Capital Region (NCR), including but not limited to: Washington D. C., the FBI Academy in Quantico, VA, and the Criminal Justice Information Services (CJIS) Division in Clarksburg, WV. Projects will have an estimated construction value of $150,000.00 to $12,000,000, not including fit-out costs. Offerors proposing under Region 2 may receive award for one Pool only; either Pool A or Pool B.

C.3.3 REGION 3: Region 3 is 100% set-aside for small businesses who will provide services for projects outside of the OCONUS only. Projects have an estimated construction value of $150,000.00 to $12,000,000 not including fit-out costs. Projects under $150,000.00 may use this vehicle if the Procuring Contracting Officer (PCO) determines that it is in the Governments best interest to use this RMACC. Work in Region 3 will also include work within US Embassies. Project delivery methods will include, but are not limited to, Design/Build, Design/Bid/Build, and Early Contractor Involvement (ECI).

Due to security requirements, the Seed project for Region 3 will be a fictitious project for evaluation purposes only. Award decision(s) for all resultant RMACC contract(s) will be made based on the fictitious project. The Offeror shall submit a proposal based Government provided design intent drawings.

TABLE 1 RMACC REGIONS

Region 1: Large and Small Businesses

• All areas within the CONUS

Region 2: Total Small Business Set-aside

Pool A: National Capital Region (NCR): Washington D.

C./Quantico, VA/Clarksburg, WV

(CJIS)

Pool B: Redstone Arsenal

Region 3: Total Small Business Set-aside

• OCONUS only

A minimum of three (3) large and small businesses greater than $12,000,001

A minimum of three (3) small businesses per A and B Pools under $12,000,000

A minimum of three (3) small businesses $150,000 - $12,000,000

Total Projected Spend:

$1,500,000,000 Total Projected Spend: $450,000,000 Total Projected Spend: $50,000,000

C.4 RMACC ESTIMATED AVERAGES

The total maximum, aggregate RMACC program amount for all IDIQ contracts for the life of the RMACC program is $2,000,000,000 with an estimated average construction price range between $750,000 and $500,000,000. These contracts will meet the majority of the FBI infrastructure needs for projects for maintenance, repair, renovation, remodels, retrofit, construction and/or early contractor involvement with an estimated price magnitude between $750,000 and $75,000,000 not including fit-out costs. The average performance period is one (1) to three (3) years. The estimated average project size is between 3,000 SF to 400,000 SF and involve either new construction or renovations and additions, while maintaining on-going operations. These contracts are intended to provide prompt responses on an as-needed basis for routine and emergent requirements. The contracts offer a streamlined approach to construction contracting and ongoing competition between qualified contractors. Projects under $150,000.00 may use this vehicle if the Procuring Contracting Officer (PCO) determines that it is in the Governments best interest to use this vehicle.

C.5 PERFORMANCE EVALUATION MEETINGS

The Contractor’s personnel responsible for managing the RMACC program shall meet, as needed, with the Program/Project Manager, CO, and/or COR to discuss progress and quality of work being performed at the TO level.

C.6 PRE-PROPOSAL/SITE VISIT CONFERENCE: When required, will be determined at the TO level.

C.7 POST-AWARD CONFERENCE

Each successful Offerors, who is awarded an IDIQ contract shall attend a Post-Award Conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5.

Information regarding the date, time, and location of the post-award conference will be provided to the awardee at the time of award of the IDIQ contract.

C.8 TASK ORDER INFORMATION

C.8.1 After a task/project has been identified by the FBI, a Task Order (TO) package, consisting of a Task Order Request for Proposal (TORFP) letter will be issued by an FBI CO. Each TORFP package will include the following information, as applicable:

• Date of the task order

• Contract number, task order number and project number

• If applicable, specifications and drawings

• Scope of work, location (building number or area) and task order total price

• Delivery or performance data

• U.S. Department of Labor wage determination/rates,

• period of performance, Accounting and appropriation data, and

• Any other specific/pertinent information for proposal submissions

C.8.2 The Contractor’s proposal shall be supported by all necessary documentation, as required, to indicate that adequate engineering and planning to accomplish the requirement have been accomplished so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, data sheets, detailed scope of work, and etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

C.9 TASK ORDER ORDERING PROCEDURES

When the Government has a requirement for work to be performed, the CO shall issue a Task Order Request for Proposal (TORFP) letter with the following attachments, as applicable:

• Statement of Objectives (SOO)/Statement of Work (SOW),

• Attachment 12 Price Model Template

• Attachment 13 Davis Bacon Labor – Wage Rate Determinations

• Attachment 14 Program of Owner’s Requirements

• Attachment 15 Resume Template

• Attachment 16 Design-Intent Drawings

• Attachment 17 FBI LAR Completion Guide and FBI Specific SF 85

• Attachment 18 FD-857a Sensitive Information Nondisclosure Agreement

• Attachment 19 Request for Construction Documents Certification

• Attachment 20 Policy Directive 0130D, Sustainability Guidelines for New FBI Facilities

• Attachment 21 OCONUS General Requirements and Provisions Division 00 01 00

• Attachment 22 CONUS General Requirements and Provisions Division TBD

• Attachment 23 Submitting Candidates for Access to FBI Facilities, 2018

• Attachment 24 FD 219 Visitor Request Form

• Attachment 25 FBI NDA for FBI Sensitive Information

• Applicable drawings, technical specifications, site map, preliminary or intermediate design, and

• Additional TO Specific evaluation criteria, when necessary.

The TORFP shall be in writing and will be transmitted via e-mail. Issuance of TORFPs does not obligate the Government to issue TOs under this contract, nor shall it authorize the Contractor to perform any work prior to the Contractor's receipt of a TO award. The Government intends to issue the TORFPs to all contract awardees under this RMACC to provide fair opportunity in accordance with FAR 16.505(b), unless an exception in accordance with FAR 16.505(b)(2) applies.

C.9.1 SUBMISSION OF TASK ORDER PROPOSAL

Upon establishment of the scope of the individual requirement, the Contractor shall then prepare their technical proposal and price proposal for submission to the CO in electronic format only unless the CO specifically requests a hard copy. All TO proposals shall contain all information required for the Government to conduct an adequate and accurate evaluation:

C.9.2 PRICE PROPOSAL

The price proposal shall reflect a breakdown of the proposed labor categories, proposed hours per labor category, and proposed labor rates per labor category for the design effort, when applicable. The Contractor shall be evaluated on a total proposed price for the entire effort. Each construction work item of the price proposal shall consist of position numbers, description, and quantity, unit of quantity, unit price and total price.

C.10 TASK ORDER PROPOSAL EVALUATION

Upon receipt of the Contractors’ two-phase proposals for award of IDIQs contract, the Government will evaluate the proposals for technical acceptability and price reasonableness in accordance with FAR 15.101 Best Value Continuum. The evaluation method(s) will correspond with the level of design or complexity of the proposal to be submitted. Each TORFP will state evaluation criteria and the method of selection. The TO will be awarded only to a Contractor whose proposed price is determined fair and reasonable; and who is determined to be responsible.

C.11 REQUIREMENT CANCELLATION

If, after evaluating proposal(s) the Government does not receive project funding, the Government reserves the right to cancel the requirement without any reimbursement to the Contractors. The Government will notify all Contractors of the cancellation.

C.12 TASK ORDER (TO) PROPOSAL PREPARATION COSTS

TO proposal preparation costs, including any required design costs, will not be provided or reimbursed to any competing RMACC Contractors.

C.13 NO-BID LETTER

All contractors shall propose on each TORFP issued under this contract unless a No-proposal Submission letter is sent to the CO documenting why a Contractor is unable to propose. This No-proposal Submission letter shall be forwarded to the CO as soon as possible but no later than two (2) days prior to the TORFP closing date. The CO reserves the right to utilize the off- ramp procedures for a Contractor's continued submittal of "no bid" letters (See H.51 On/Off Ramp Procedures for details).

C.14 PERFORMANCE PERIOD

Each TORFP will include a Government desired/required performance period. The Contractor may propose a different period of performance for any given TO. If necessary, the performance period will be negotiated before award of the resultant TO. The CO will have the final decision regarding the performance period.

C.15 LIQUIDATED DAMAGES

Liquidated damages, when applicable, will be identified at the TO level.

C.17 PUBLICATIONS

The Contractor shall comply with the following regulations, directives, and statues as mandated by local, state, and federal guidelines and laws.

C.17.1 ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead Containing Paint

40 CFR 61 National Emission Standards for Asbestos

40 CFR 112 Oil Pollution Prevention

40 CFR 136-143 Water Programs

40 CFR 204 Noise Emission Standards for Construction Equipment

40 CFR 260-279 Solid Waste Regulations

40 CFR 280-282 Underground Storage Tank Regulations

40 CFR 311-374 Worker Right-to-Know

40 CFR 761 Polychlorinated Biphenyls (PCB) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

C.17.2 U. S. DEPARTMENT OF DEFENSE REGULATIONS

DOD 5220.22-M National Industrial Security Program Operating Manual (NISPOM)

C.17.3 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH

ADMINISTRATION (OSHA) REGULATIONS

29 CFR 1910 Worker Safety Requirements

29 CFR 1926.62 Lead

29 CFR 1926.1101 Asbestos

C.17.4 U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS

49 CFR 100-199 Hazardous Materials Transportation, Handling, and Storage Regulations

C.17.5 INTELLIGENCE COMMUNITY DIRECTIVES (ICD)

ICD Number 705 Sensitive Compartmented Information Facilities (SCIF), 26 May 2010

C.17.6 STATUTES

Clean Air Act (CAA) (42 U.S.C. §§ 7401, et seq.)

Clean Water Act (33 U.S.C. §§ 1251, et seq.)

Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300f, et seq.)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. §§ 9601, et seq.)

Emergency Planning and Right-to-Know Act (EPCRA) (42 U.S.C. §§ 11001, et seq.)

Endangered Species Act (ESA) (16 U.S.C. §§ 1531, et seq.)

Energy Independence and Security Act of 2007 (EISA) (42 U.S.C. §§ 17001, et seq.)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. §§ 136, et seq.)

National Historic Preservation Act (NHPA) (54 U.S.C. §§ 300101, et seq.)

Noise Control Act (NCA) (42 U.S.C. §§ 4901, et seq.)

Pollution Prevention Act (PPA) (42 U.S.C. §§ 13101, et seq.)

Residential Lead-Based Paint Exposure Reduction Act (15 U.S.C. §§ 2681, et seq.)

Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901, et seq.)

Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901, et seq.)

Toxic Substance Control Act (TSCA) (15 U.S.C. §§ 2601, et seq.)

C.17.7 Additional publications for Region 3, LEGAT OCONUS, requirements will be added at the TO level.

SECTION D PACKAGING AND MARKING

D.1 PACKAGING AND MARKING FOR REGIONS 1 AND 2

All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

(a) Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

(b) Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination as noted in the SOW.

D.2 PACKAGING AND MARKING FOR REGION 3

Region 3 packaging and markings shall be accomplished in accordance with Attachment 4 Department of State Security Requirements for Overseas Work (Region 3 only), diplomatic security policies.

SECTION E INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

Supplies/services will be inspected/accepted at the Task Order (TO) level as follows:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction Aug 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of Aug 1996

Improvements

E.1 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance will be conducted at destination by the CO or its duly authorized Contracting Officer Representative (COR). Inspection shall consist of an examination of the report for (1) compliance with the specifications or Statement of Work, (2) thoroughness with respect to generally acceptable professional standards.

(b) The COR shall provide the Contractor his written comments and recommendations on the content and quality of each progress report within thirty (30) calendar days after receipt of the deliverable item. A copy of the COR's comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled "Contract Administration" in Section G.

(c) The COR shall provide the Contractor his written comments and recommendations on the content of the preliminary draft copy of the Final Report within thirty (30) calendar days after receipt of that deliverable item. A copy of the COR's comments shall be concurrently furnished to the Contracting Officer designated in the clause entitled "Contract Administration" in Section G. The COR's comments and recommendations shall be addressed in the Final Report.

(d) The COR shall review the Final Report and shall, within thirty (30) calendar days, notify the Contractor, in writing, with a concurrent copy to the Contracting Officer designated in Section G, of the acceptability of the Final Report. Should the Final Report be determined unacceptable, the COR shall notify the Contracting Officer within ten (10) calendar days after receipt thereof. In such event, the COR's inspection report shall address (1) the deficiencies noted and (2) recommendations for corrective action. Within ten (10) calendar days after receipt of the COR's inspection report, the Contracting Officer shall notify the Contractor. Failure to so inspect and provide the required notification within the time frame set forth above shall not be construed as acceptance.

SECTION F DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract will be a one (1) base year and four (4) option-year years for a total of five (5) performance years. However, at the sole discretion of the Contracting Officer, the Contractor may be required to complete all performance under awarded Task Orders during the final year of performance including the need, as necessary, to modify any previously existing Task Order for services deemed by the FBI Contracting Officer to be directly related to an existing Task Order’s successful completion. Under no conditions may an additional Task Order be issued to a construction contractor after the initial year of performance and all option periods of the contract have concluded.

F.1.1 Exercising an option is contingent upon the continuing needs and requirements of the government and availability of funds.

F.1.2 The design and construction costs will be subject to the funds available for the individual Task Orders. The total contract award inclusive of both design and construction services for design build projects shall not exceed the ceiling amount identified within the Task Order for the base bid, and if applicable the adjusted ceiling amount if an option is included within the Task Order for the base bid plus the option. Offerors are notified that they are under no obligation to approach this ceiling. However the Government may not be able to and is under no obligation to make an award. If the dollar amount set for a design-build project is exceeded.

F.2 PLACE OF PERFORMANCE

F.2.1 The principal places of performance for this contract shall be:

F.2.1.1 Region 1 will consist of large and small businesses. The majority of work shall be performed on the Redstone Arsenal, Huntsville AL area but with the requirement to be able to provide services to other areas within the Continental United States (CONUS).

F.2.1.2 Region 2 will consist of small businesses. Work shall be performed within the following areas:

A. National Capital Region (NCR): Washington DC, Quantico, CJIS Clarksburg WV, and Washington, DC.

B. Redstone Arsenal, Huntsville, AL.

F.2.1.3 Region 3 will consist of Small Businesses. Work shall be performed Outside of the Continental United States (OCONUS).

F.3 The FBI reserves the right to request proposals (at the task order level) from each individual region to support operational or mission needs at locations not identified above but located within the 50 United States or its territories. The FBI specifically reserves the right to compete for additional construction services for specific projects, either new facilities or the renovation of existing facilities in the 50 United States, or other foreign FBI facilities and other construction services which the FBI deems are in the best interest of the FBI, and at the sole discretion of the FBI.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER (CO)

Pursuant to FAR Subpart 42.302, Contract Administration Functions, functions inherent to this contract will be performed by the duly assigned CO. The duly assigned CO is:

Laura Mabe Contracting Officer Facilities Acquisition Unit (FAU) 4940 Fowler Rd Redstone Arsenal, AL 35898

Written communications shall make reference to the contract number and shall be mailed to the above address unless otherwise instructed.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. An individual that shall be named upon contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract. The duly designated COR will ensure all actions pertaining to this contract are requested via the Contracting Officer. Further, Contracting Officer functions performed shall be to the extent that they apply to the contract.

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work statement, the Contracting Officer shall issue such changes in writing and signed. The COR or any other technical representative of the Contracting Officer does not have the authority to issue technical direction which:

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the changes clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract. To be valid, technical direction:

i Will be issued in writing consistent with the general scope of work set forth in the contract;

ii Will not change the expressed terms, conditions, or specifications incorporated into this contract, and iii Will not constitute a basis for extension to the contract delivery schedule or contract price.

D. The COR is authorized to:

(1) Act as liaison and to coordinate contractor/government activities;

(2) Arrange for and coordinate the use of government resources (personnel, space, documents, etc.);

(3) Provide technical guidance in the performance of the contract; and

(4) Receive, review, and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer.

(End of clause)

G. 3 INVOICE PROCEDURES

Contractors shall be registered in the System for Award Management (SAM) database prior to invoice submission. Information included in the SAM registration will include the contractor’s banking information necessary to facilitate an electronic funds transfer (EFT) payment. The website address is:

https://www.sam.gov.

Customary progress payments at standard uniform percentages of total costs are authorized to be made hereunder in accordance Section I Contract Clauses, FAR clauses 52.232-5 Payments under Fixed-Price Construction Contracts and 52.232-16 Progress Payments.

The FBI does not pay in advance of costs incurred, services, timeframe, or receipt of materials being invoiced. Accordingly, because invoices must be based on actual costs incurred, to include subcontractor performance.

Invoices shall be accompanied by a Schedule of Values (SOV) previously approved by the COR.

Initially, the Contractor shall submit a draft itemized invoice via email directly to the COR or for review of work performed, percentages, and/or concurrence with the charges (this is called the “Pencil Copy”). Upon securing the COR concurrence, the invoice shall be attached to an email and sent by the Contractor to:

central_invoices@ic.fbi.gov.

To constitute a proper invoice, each invoice shall be annotated with the following information:

• The name of the business concern,

• Invoice number and invoice date (if the invoice has been revised ensure the invoice number reflects the revision number (e.g. Rev 1),

• Contract number and Task Order number,

• The Contracting Officer’s name as well as the COR’s name,

• The project name,

• The time period (from / to) for which costs are being requested,

• Taxpayer Identifying Number (TIN) and DUNS numbers,

• The Contractor shall include a Certification Statement on each invoice that all suppliers/subcontractors costs have been paid by the prime for all material/service amounts being invoiced; and

• Other substantiating documentation or information required by the contract. (Example: For maintenance services (or other services/materials as directed), invoice will include service tickets showing individual dates of service and the system maintenance was performed on)

Invoices not including the above information risk being rejected. Upon receipt of the emailed invoice via central_invoices@ic.fbi.gov, a confirmation email will be sent back to the sending email address. At this point the invoice is considered received and will begin processing through the FBI’s internal payment systems.

Invoices received before 5 pm EST (Monday-Friday) will be considered “received” that business day.

Any invoice received after 5 pm EST will be considered “received” and will be entered into the invoice system on the following business day.

Progress Payments and final payment will normally be made on the 30th day after:

(1) a determination of satisfactory progress, or final acceptance or,

(2) receipt of a proper invoice, whichever is sooner.

Invoices for progress payments shall be submitted using a completed Standard form AIA G702 and G703, entitled “Contractor's Request for Progress Payment." Invoices to collect monies previously withheld pursuant to the clause cited in paragraph A. above shall be submitted, using Standard Form 1034 Public Voucher and Standard Form 1035 Continuation Sheet, and marked "Final Voucher."

(End Section).

G.4 INVOICING FOR THE MINIMUM ORDER AMOUNT

Contractors shall adhere to one of the following procedures to invoice for the minimum guarantee amount of $5,000 under Task Orders, as applicable:

G.4.1: ISSUANCE OF A SECOND TO AFTER THE ISSUANCE OF AN INITIAL TO FOR THE

MINIMUM ORDER AMOUNT: In the event that a SOW is added to a TO, via modification, issued in accordance with Section B, paragraph B.1.1 Minimum Order Amount second

G.4.2: NON-ISSUANCE OF A SOW FOR SERVICES OR ISSUANCE OF A TO FOR SERVICE

FOR AN AMOUNT LESS THAN OR EQUAL TO THE MINIMUM ORDER AMOUNT: In the event that a SOW is never provided to the Contractor or services under a negotiated Task Order is less than the minimum order amount of $5,000, the Contractor Officer provides written notification to the Contractor that service/further service under the IDIQ contract is no longer required, and the Contractor has not performed any other services during the life of the IDIQ contract, the Contractor shall invoice for the minimum order a

G.5 INVOICING FOR THE MINIMUM ORDER AMOUNT

Contractors shall adhere to one of the following procedures to invoice for the minimum guarantee amount of $5,000 under Task Orders, as applicable:

G.5.1: Issuance of a Second TO after the Issuance of an initial TO for the minimum Order Amount:

In the event that a SOW is added to a TO, via modification, issued in accordance with Section B, paragraph B.1.1 Minimum Order Amount second

G.5.2: Non-issuance of a SOW for Services or Issuance of a TO for Service for an Amount Less Than or Equal to the Minimum Order Amount: In the event that a SOW is never provided to the Contractor or services under a negotiated Task Order is less than the minimum order amount of $5,000, the Contractor Officer provides written notification to the Contractor that service/further service under the IDIQ contract is no longer required, and the Contractor has not performed any other services during the life of the IDIQ contract, the Contractor shall invoice for the minimum order amount of $5,000 minus the difference of any previous payments, if applicable, using Standard Form 1034 Public Voucher and Standard Form 1035 Continuation Sheet, and marked "Final Voucher". The Contractor shall following G4.

Invoice Procedures for submission of its final voucher for payment. The invoice shall be marked “Final Voucher”.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at FAR 52.215-1, “Restriction on Disclosure and Use of Data” found in Section L of the Contract. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 ORGANIZATIONAL CONFLICTS OF INTERESTS – GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term “organizational conflict of interest” means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from the industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.3 INSURANCE

The Contractor shall obtain and maintain at a minimum the insurance amounts identified in each Task Order and shall provide documentation to the FBI Task Order Contracting Officer within fifteen (15) calendar days of contract award. In addition, the Contractor shall provide documentation that it has obtained and maintains errors and omission insurance in accordance with customary industry practice.

Should any subsequent change order arise that require an upward adjustment to the errors and omission insurance in accordance with industry practice, the Contractor is responsible for obtaining this increase in coverage and providing documentation to the FBI Contracting Officer that this adjustment has been made.

H.4 DESIGN-BUILD INSURANCE REQUIREMENTS

Within thirty (30) calendar days of contract award and prior to the start of work, the General Contractor shall obtain and furnish proof of Builder’s Risk Insurance and Contractor’s Professional Liability Insurance. These insurance policies shall cover all associated risks and professional design services up to and including any catastrophic failure due to design and or construction activities. The contractor shall obtain a policy at the Task Order level. Each Task Order shall establish a minimum amount required for the individual Task Order.

The companies from which the Contractor proposes to purchase the insurance shall be acceptable to the Government. Evidence of the required insurance shall be in the form of certified true copies of liability policies and manually countersigned endorsements of any changes thereto. Renewal policies shall be furnished not less than five days prior to the expiration of current policies. Each policy shall include the following provision:

“It is a condition of these policies that the company shall furnish written notice thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy to:

Federal Bureau of Investigation Facilities Contracts Unit Attn: TBD at the TO level 935 Pennsylvania Avenues NW Washington, DC 20535

H.5 SUBMISSION OF DOCUMENTS AND NOTES

The Contractor shall forward a copy of the documentation generated as a result of the individual Task Orders to the FBI Administrative Contracting Officer identified in each awarded Task Order. This information shall include but is not limited to the following: weekly, monthly and special reports; cost estimates; drawings; transmittal documents and their attachments; meeting minutes; 35%, 50%, 90% and final submissions, etc.

H.6 DOCUMENT HANDLING

The FBI's systems, drawings and/or specifications related to this effort are considered, while not classified, to be SENSITIVE to the FBI. These Documents have been released to the Contractor specifically with the understanding that only those employees who have been granted security access or if necessary clearances by the FBI and with a need-to-know shall have access to the Documents. The Contractor has been granted access to these Documents following a preliminary review by the FBI and the Contractor firm shall have the responsibility for overseeing access to these Documents among its employees to ensure that the Documents are maintained in a secure manor. As a minimum, these Documents shall be secured in locked file cabinets with established procedures for key control.

H.6.1 DOCUMENT HANDLING FOR REGION 3

For Region 3, drawings, specifications, and systems are classified and marked up to the Secret classification level. The Contractor shall handle all documentation and systems in accordance with the marked classification level.

H.7 DOCUMENT DUPLICATION

Under no circumstances shall the Contractor permit the duplication of documents or any portion thereof for other than its own use as required by the contract without the prior written consent of the FBI Contracting Officer.

H.8 DOCUMENT CONTROL AND ACCESS

H.8.1 The Contractor shall only permit access of Documents to its employees on a need-to-know basis.

Prior to permitting access to Documents by individuals or representatives of the Contractor or other consultants, a determination by a principal of the firm must be made that the individual or consultant has a legitimate and verified need to see the Documents in order to complete performance of this effort. The Contractor shall notify the FBI Security Officer in writing of this determination and request written approval for the employee, representative or other consultant from the FBI Security Officer.

H.8.2 The Contractor shall maintain a list of all Contractor employees and/or consultants that have access to these documents.

H.8.3 This list shall be returned to the FBI along with the Documents and/or Deliverables required by this effort upon completion of the contract.

H.8.4 Under no circumstances shall the Contractor permit the duplication of documents or any portion thereof for other than its own use as required by the contract without the prior written consent of the FBI Contracting Officer.

H.9 DOCUMENT CONTROL INSPECTION

The FBI Contracting Officer or the Contracting Officer's Representative may, without any prior notification, inspect the Contractor’s place of business to ensure the above requirements for Document Control are being followed. If the FBI determines that the Contractor is not adhering to the Document Controls set forth above, the FBI reserves the right to remove the Documents and access list immediately.

Further, the Contracting Officer may preclude the Contractor from further participation in this contract and may result in application of appropriate remedies up to and including default termination.

H.10 PROHIBITION ON USE OF WiFi AND INTERNET CONNECTIONS

Security requirements shall prohibit the Contractor and the designer of record (DOR) from incorporating into their designs the use of WiFi or hardwire internet connections for any building system or the operation of any building equipment without the written approval of the FBI Contracting Officer. The use of these connections must be approved individually by the Contracting Officer after concurrence of the FBI’s Security Division and the Contracting Officer’s Representative.

H.11 PROHIBITION OF PERFORMANCE BY NON-U.S. CITIZENS

The Department of Justice, Federal Bureau of Investigation (FBI) will not permit the use of Non-U.S.

Citizens in the performance of this contract or commitment for any position that involve access to or development of any FBI IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all employees utilized directly to perform duties on the contract. No Non- U.S. Citizens may be added to the contract without the express approval of the Department of Justice.

H.12 PROCUREMENT-SENSITIVE AND SENSITIVE INFORMATION NON-DISCLOSURE

AGREEMENT

During the performance of this contract, certain efforts may involve projects containing procurement-sensitive and/or FBI mission-sensitive information which will be available only to contractor personnel that have a need to know. Under such circumstances, the Contractor’s and subcontractor’s personnel shall complete a Non-Disclosure agreement between themselves, the firm and the FBI.

H.13 RELEASE OF INFORMATION

The Contractor is expressly prohibited from releasing to any third party, any information pertaining to-any individual which is protected by the Privacy Act of 1974. This includes, but is not limited to: social security number, home address, home telephone number, date of birth, personal information, and personal or disparaging remarks about the individual. See FAR 52.224-2 entitled Privacy Act and 52.224-3 entitled Privacy Training.

To the extent the Contractor is given access to Law Enforcement Sensitive (LES) ES, Sensitive but Unclassified (SBU), sensitive, for official use only, or proprietary technical information belonging to the Government. The Contractor must treat such information as LES, SBU, sensitive or for official use only and must not use or discuss this information unless directed by the Contracting Officer or authorized in writing by the COR.

H.14 DESIGN ERRORS OR DEFICIENCIES, INSPECTION OF EXISTING WORK

The Contractor shall be responsible for the professional quality, technical accuracy, and coordination of all services required under this contract. As such, it shall be the responsibility of the Contractor to inspect the existing facility identified in any Task Order and inspect and investigate the “as built conditions” for the preparation of construction documents. When a modification to a construction contract is required because of an error, deficiency or oversight in the services provided by the Contractor or its subcontractors, consultants, agents or representatives under this contract, the FBI Contracting Officer shall consider the extent to which the Contractor may be liable. The FBI Contracting Officer shall reserve the right to enforce the liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved, or it is otherwise in the Government’s best interest to do so.

H.15 REDESIGN RESPONSIBILITY FOR DESIGN ERROR OR DEFICIENCIES

Under this contract, the Contractor shall be required to make necessary correction at no cost to the FBI when the designs, drawings, specifications; or other items or services furnished contain errors, deficiencies, or inadequacies. The Contractor is required to maintain errors and omission insurance in accordance with industry practice for this type of contract. The Contractor shall supply certification for this insurance to the FBI Contracting Officer within 15 calendar days of contract award. See H-4 of this Section and Section J concerning general insurance requirements and notification requirements concerning insurance.

H.16 MISCELLANEOUS PROVISIONS

H.16.1 The Contractor shall remain responsible for the accuracy and correctness of all architectural and engineering concepts, cost estimates and details of work including the coordination of various architectural and other disciplines with each other.

H.16.2 All work shall be in accordance with applicable criteria, guides, international, national and local codes and shall be in accordance with the best architectural and engineering practices. Workmanship shall be neat with all lines and lettering of uniform weight and clarity for complete legibility and satisfactory reproduction including half size documents.

H.17 ANNOUNCEMENT OF PROJECTS

The Contractor is expressly forbidden from notifying…