6200008882_SF1442_with_attachments.pdf

PART I:

Section A: Optional Form 308 or SF33

Section B: Supplies or Services / Pricing or Cost (Line Items)

1. The following information pertains to the SF1442, Solicitation, Offer, and Award:

OMB Clearance Number 1103-0018

Block 8: Emailed or Overnight Express to:

FPI/UNICOR, FPI

ATTN: Omar Sanchez

PO Box 5400

Adelanto, CA 92301

760-246-2630

Block 17: LUMP SUM (ENTER THE AMOUNT IN SECTION B.

Block 24, and 27, See Section H.

2. GENERAL INTENTION: It is the intent of this solicitation to result in a Firm Fixed Price, Construction Type

Contract for a project at the Federal Correctional Complex, FPI/UNICOR Fleet Parking Lot, Victorville, CA, as outlined in the attached Statement of Work. The solicitation is 100% set aside for Small Business.

Contract Line Item: Offerors shall enter unit price and amount for contract line item.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ACCEPTED IN WRITING VIA EMAIL TO: omar.sanchez2@USDOJ.GOV AND

WILL NOT BE ACCEPTED AFTER Friday, AUGUST 23, 2019 AT 2:00 PM PST. Responses to questions will be posted via FBO by

August 27, 2019 at 2:00 PM PST.

NO PHONE CALLS PLEASE.

Proposal due date is Monday, September 9, 2019, at 2:00 PM PST. Late offers will not be accepted.

SITE VISIT IS MANDATORY.

Mandatory Site visit has been scheduled for Tuesday, August 20, 2019 at 8:30 AM PST. Participants will meet at the front entrance of the "UNICOR Warehouse, 13777 Air Expressway, Victorville, CA 92394, The Contractor shall inspect the site where services are to be performed. This site review shall satisfy the Contractor's need to identify all general and local conditions that may affect the cost of the contract. Failure to inspect the site will not constitute grounds for claims after contract award. Up to two (2) people per company may attend.

Mandatory attendance is required for award. Company Name, Name of attendees, and phone number for attendees must be submitted to omar.sanchez2@usdoj.gov by 2:00 PM PST Friday, August 9, 2019.

NCIC FORM for attendees must be completed and submitted to Omar Sanchez at omar.sanchez2@usdoj.gov by 2:00 PM PST

Friday, August 9, 2019. No exceptions will be made for anyone returning the above information after 2:00 PM PST

Friday, August 9, 2019.

PROJECT MUST BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS OF AWARD.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

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Request For Quote

VENDOR'S DUN & BRADSTREET NUMBER: ______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: ______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.):_______________

SBA REQUIREMENT NUMBER: _________________________________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

C. Description and Scope of Work

Statement of Work (SOW)

Federal Correctional Complex, FPI (Federal Prison Industries)('UNICOR'), Victorville, CA 92394

PART I - GENERAL INFORMATION

INTRODUCTION

This is a non-personal services contract to provide construction services. This project will be the initial award; any additional scope/workload surrounding the project will be contingent on the discovery of unforeseen conditions during the construction phase.

Construct a parking area 37,250sq.ft.

A. SCOPE

Excavate, grade, compact, level and place 37,250 sq.ft. of asphalt.

1. Excavate and grade approximately 37,250 sq.ft. of native soil. Compact and level new proposed parking area to a 2% flow for water drainage

2. Machine pave new parking lot @ 4" thick using P.G 70-10-1/2" aggregate rock hot asphaltic concrete. All asphalt shall be wheel rolled and compacted to a smooth machined finish.

3. Refer to drawing of project for the following. Grade to create a storm runoff culvert and supply and install a precast or a 12" steel storm pipe. Purpose of culvert is to provide a path for storm water runoff underneath the driveway to the proposed parking area to existing storm drainage. Any required adjustment of spot elevation shall be reflected on as-built drawing submitted by the contractor.

4. Contract will be for labor and material.

Installation shall include:

" Contractors shall supply tools, equipment, and material needed to perform requested paving work.

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" Contractor shall clean all areas where work was performed and remove all debris and construction materials.

" Installation will be performed in a manner which will minimize downtime, work will be performed during normal working hours 7:00 am - 3:30 pm, Monday - Friday. Working hours can be discussed and altered with permission of the Facilities Manager and Contracting Officer.

" The installation will be taking place within the property of Federal Correctional Complex Victorville, therefore all contractors will be required to pass background checks per BOP policy.

" Contractor is responsible for submitting and obtaining storm water prevention permit. Contractor shall prepare all documentation required to obtain permit. Further details of project see attached Drawings for location of proposed area.

In addition to SOW, contractor shall attend bi-weekly construction update meetings; being prepared to share any and all pertinent information on the project with the Contracting Officer and Owner.

The contractor shall also supply a (to Government) master construction schedule, in an agreed upon format, generated from an industry standard construction project scheduling software system, and updated as needed to address the effects of changes that can/will cause delays to the completion date.

Any submittals, questions/RFI's or potential change orders shall be submitted to CO - Omar Sanchez

(oamr.sanchez2@usdoj.gov) 760-246-2630.

C.2 - USE OF PREMISES

A. General: Contractor shall have limited use of premises outside of the general area for construction operations as designated by COR.

B. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits: Confine construction operations to the area within the project limits, and the exterior area indicated on the drawings.

2. Government Occupancy: Allow for Government access of Project site.

a. Facility access is restricted to limited hours of the day, to be designated by the Government.

b. Schedule deliveries to minimize use of gateways and entrances. Provide Government 48 hours notice of deliveries to allow adequate time for staff to inform the affected areas of the facility of possible delays or restrictions.

c. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

C.3 - GOVERNMENT'S OCCUPANCY REQUIREMENTS

A. Partial Government Occupancy: Government will occupy the premises during entire construction period, with the exception of areas under construction. Cooperate with Government during construction operations to minimize conflicts and facilitate Government usage. Perform the Work so as not to interfere with Government's operations. Maintain existing exits, unless otherwise indicated.

1. Maintain access to existing roadways. Do not close or obstruct roadways without proper notification and approval from Government authorities.

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2. Provide no less than 48 hours notice to Government of activities that will affect Government's operations.

B. Government Occupancy of Completed Areas of Construction: Government will occupy completed areas of parking lot, before Substantial Completion, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work.

C.4 - WORK RESTRICTIONS

A. On-Site Work Hours: The normal hours of operation of the facility are 7:00 am - 3:30 pm Monday through Friday, PST, excluding Federal Holidays. Work to be performed shall be performed during normal hours of operation, unless specifically arranged otherwise, as follows:

1. Weekend Hours: if required, shall be requested in writing and approved/denied by the COR and the Senior Operations

Manager

2. Extended Work Hours: if required, shall be requested in writing and approved/denied by the COR and the Senior

Operations Manager

SECTION D - PACKAGING AND MARKING

D.1 - PRESERVATION, PACKING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice, and shall be paid by the contractor. All packaging, postage fees and payment related to submitting information, forms and reports, etc. to the Government (i.e. Contracting Officer, Contracting Officer's

Representative) shall be paid by the Contractor.

D.2 - MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the contract number and task order number, if applicable, for which the information is being submitted.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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 payments. Also, see Section H.3 of the solicitation.

52.236-5 Material and Workmanship (APR 1984)

52.246-12 Inspection of Construction. (Aug 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 - PERFORMANCE SITE

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Federal Bureau of Prisons

FPI/UNICOR Fleet Parking Lot

13777 Air Expressway Blvd.

Victorville, CA 92394

F.2 - CONTRACT TIME

FAR 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under the awarded contract within 10 calendar days of receipt of task order, and (b) prosecute the work diligently. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.3 - CONTRACT PERIOD OF PERFORMANCE

The period of performance of this contract shall be one hundred and eighty days, and commence from the contract award date and continue thru final completion.

Section G Contract Administration Data:

G.1 - FEDERAL GOVERNMENT HOLIDAYS

The following is a list of Federal Holidays observed by the Government:

New Year's Day (JAN 1)

Martin Luther King's Birthday (3rd Monday in January)

Washington's Birthday (3rd Monday in February)

Memorial Day (last Monday in May)

Independence Day (JUL 4)

Labor Day (1st Monday in September)

Columbus Day (2nd Monday in OCT)

Veteran's Day (November 11th)

Thanksgiving (4th Thursday in November)

Christmas (DEC 25)

G.2 - ADMINISTRATIVE INFORMATION

A. ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT AWARD AND ADMINISTRATION

1. Administration of this contract shall be performed by:

Omar Sanchez, Contract Specialist

Telephone: 760-246-2630

Facsimile: 352-330-8217

E-mail: omar.sanchez2@usdoj.gov

Address:

DJU6200008882 PAGE 7 OF 28

FPI/UNICOR, Federal Prison Industries

Attn: Omar Sanchez, Contract Specialist

PO Box 5400

Adelanto, CA 92301

Written communications shall make reference to the contract number and shall be mailed to the above address, or sent via Email to omar.sanchez2@usdoj.gov

Administrative Contracting Officer is Omar Sanchez at omar.sanchez2@usdoj.gov

The Contracting Officer (CO) has the overall and primary responsibility for the administration of this Contract. The

CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

2. JAR 2852.201-70, CONTRACTING OFFICER'S REPRESENTATIVE

a) The following are hereby designated to act as Contracting Officer's Representative (COR) under this contract:

Michael Marmolejo, General Foreman

Federal Correctional Complex, Victorville

13777 Air Expressway Blvd

Victorville, CA 92394

Phone: 760-246-2400 x2475

Email: Michael.Marmolejo@usdoj.gov

(b) The COR is responsible, as directed by the CO, for: 1. receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; 2. providing direction to the contractor which clarifies the contract effort; 3. fills in details or otherwise serves to accomplish the contractual Scope of Work; 4. evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

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

CONTRACTOR'S PROJECT SITE MANAGER

The Contractor shall provide a full time Project Site Manager for all construction and/or installation activities associated with each facility. The Project Site Manager shall be present in the work area whenever work is being performed.

Contractor's Project Site Manager shall provide signed and dated resume to include a copy of certifications for credentialed professionals.

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In the event of replacement of Project Site Manager, the Contractor is required to replace the individuals listed below with individuals of comparable qualifications.

CONTRACTOR'S PROJECT SUPERINTENDENT

The Contractor shall appoint a Project Superintendent who will be the Contractor's authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all Contractor and Government communications, work, and technical direction shall flow.

The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the Contract. All administrative support of the Contractor's technical personnel required to fulfill the tasks assigned under this Contract shall be the responsibility of the Contractor.

Contractor's Project Superintendent shall provide signed and dated resume to include a copy of certifications for credentialed professionals, proximity to job-site and all current projects assigned to them.

In the event of replacement of Project Superintendent, the Contractor is required to replace the individuals listed below with individuals of comparable qualifications.

REQUIREMENTS FOR CORRECTION OF SUB-STANDARD PERFORMANCE

When any member of the Contract Administration Team (CO & COR) becomes aware of substandard performance in any area of the Contract, the Contractor will be given verbal and/or written notification, depending on the circumstances of the issue. The Contractor shall resolve the performance issues consistent with the requirements specified in the SOW and/or task order. For other types of deficiencies where the corrective actions are not specifically stated, the

Contractor shall submit a Plan of Action to correct the performance issue within ten (10) working days. If it is not corrected to the satisfaction of the Contract Administration Team member, the Contract Administration Team member shall annotate the performance files and include the observations in the Contractor Performance Report as appropriate.

52.236-7 Permits and Responsibilities (NOV 1991)

Section H Special Contract Requirements:

H.1 - CONTRACT AWARD

The Government intends to award a Firm Fixed-Price Construction type contract as a result of this solicitation. Award will be made to the offeror, pursuant to an affirmative determination of responsibility, whose offer conforms to the terms of the solicitation, and is determined to be in the best interest of the Government, based upon evaluation of the factors included in this solicitation.

H.2 - WAGE DETERMINATION APPLICABLE TO THIS CONTRACT

The rates referred to in the Davis-Bacon Act for Bricklayers, Laborers, Carpenters, Electricians, etc., are included in the General Wage Determination issued by U.S. Department of Labor Employment Standards Administration Wage and Hour

Division, General Decision Number CA20190026 dated 07/26/2019.

Payment will be made to individuals used in the performance of this contract, the rates of wages contained therein.

The complete wage rate decision is incorporated as a part of this solicitation.

H.3 - SUBMISSION AND PAYMENT OF INVOICES

Reference Standard Contract Clause entitled "Prompt Payment For Construction Contracts (FAR 52.232-27) of this

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solicitation. All invoices shall include the complete contract number and line item(s) billed. To avoid delay in payment, invoices shall be submitted in an original and one copy (if prepared by a copying process, one copy shall be marked "Original").

Pay Applications and Certified Payrolls shall be submitted to: FPI/UNICOR, Federal Prison Industries, ATTN: Omar

Sanchez, Contract Specialist, FPI UNICOR Victorville, PO Box 5400

Adelanto, CA 92301. Due to mail delays caused by security precautions, do not use U.S. Postal Service mail.

Packages from any of the messenger services (FedEx, UPS, DHL, etc.) are accepted at this address. The preferred method of invoice submission is electronically (via email) to omar.sanchez2@usdoj.gov.

Delay in contractor payment due to invoice submission to any address other than the physical or email address listed above shall be the fault of the contractor, and payment will be processed only upon receipt at the physical or email address noted above, and after approval by FPI/UNICOR's customer and the project COR.

ALL INVOICES SHALL REFERENCE THE CONTRACT NUMBER.

All invoices must match the contract dollar amount and payments will only be processed upon approval by FPI/UNICOR's customer and project COR.

PREFERED METHOD: Submission of "Invoices by E-mail":

*******Payment Applications must be submitted using AIA Document G702/G703. ********

Please submit 1 invoice to the following individual at their business e-mail addresses listed below:

Omar Sanchez, Contract Specialist

Omar.sanchez2@usdoj.gov

H.4 - LIABILITY COVERAGE / INSURANCE

52.228-5 Insurance-Work on a Government Installation

Insurance-Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its 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.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

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(End of clause)

(a) (In accordance with Standard FAR Contract Clause 52.228-5 entitled "Insurance - Work on a Government Installation

(JAN 1997) the Contractor shall procure and maintain, during the entire period of his performance under this contract, the following minimum insurance:

(1) General Liability Insurance

Bodily injury liability insurance, in the minimum limit of $500,000 per occurrence is required on the comprehensive form policy.

(2) Automobile Liability Insurance

This insurance is required on the comprehensive form policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles sued in connection with the performance of the contract.

At least, the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(3) Workmen's Compensation and Employer's Liability Insurance

Employer's liability coverage is required in the minimum amount of $100,000 or as required by the state where the project is performed.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation of any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert in all subcontracts the required insurance information provided above, including this paragraph (c).

H.5 - GOVERNMENT PROPERTY

The Contractor shall be responsible for all government property in its custody if applicable. Any incidents of damage or loss shall be reported to the COR in writing within one (1) working day.

H.6 - CONTRACTOR'S RESPONSIBILITY

It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

Personnel access and identity verification:

Access to FCC Victorville will require brief onsite background investigations at the visitor's center for daily, monthly or extended access passes. The Contractor, in the event of heightened National Security Levels, may be subject to additional control measures. All construction vehicles and Contractor's private vehicles will be parked in an orderly manner at all times and will not block normal traffic in the area. The contractor will have the opportunity to park in the parking lot outside the Federal Prison Camp.

DJU6200008882 PAGE 11 OF 28

Contractors will at all times, while on Government property, be able to produce the photo identification required by item C below for any Government personnel requesting it for verification against the list described below. The

Contractor project site manager shall be responsible for identifying employees, subcontractors, vendors and delivery personnel. The list shall be on company letterhead and contain the following information:

A. Full Name of Employee

B. Date of birth

C. Photo ID type, e.g. driver's license, employee ID card

D. Identification Number correlating to the person's photo identification (e.g., driver's license number, employee number, etc.)

The Contractor is required to furnish all services, materials, labor, tools, and equipment necessary to fulfill the work as set out in the Statement of Work.

Closely coordinate contract work with the related work of FPI/UNICOR staff where applicable.

The Contractor is required to keep an open dialogue with designated representatives of FPI/UNICOR as necessary.

The Contractor is to notify the Project COR and/or Contracting Officer when problems arise, and offer possible solutions. The Contractor must promptly report to the Project COR and/or Contracting Officer any ambiguities, discrepancies and/or apparent wage violations when discovered in the performance of this Statement of Work.

When required to support the work being performed under this Statement of Work, the contract may be modified to include providing reimbursable services as authorized in advance by the Contracting Officer.

All work performed must be consistent with FPI/UNICOR policies.

The Contractor must be aware of standards, codes, requirements and guidelines governing the construction of Government buildings.

The Contractor shall comply with all local, state, and federal building codes and life safety codes.

The Contractor shall be responsible for all office supplies, included but limited to, pencils, pens, calculators, binders, paper, printers, fax machines, markers, whiteboards, hole punches, staples, etc. The office supplies are not provided as part of this Statement of Work.

It shall be the sole responsibility of the Contractor to obtain all information required to successfully carry out each contract task, other than the information provided by the project COR.

Construction Progress Telecoms: Biweekly telecoms with CO/COR to discuss design issues and project progress as necessary. The Contractor shall provide call-in number, lead the discussion and provide minutes to all participants

(electronic submission only); to include action items, items for clarification and information requests within three business days of the biweekly status calls.

The Contractor shall submit a total of up to (or as directed by CO) 5 construction in-progress photos to the COR/CO on a weekly basis. Photos shall be a minimum of 1,504 x 1000 pixel size. Coordinate location of photos with the COR.

Photos, Daily Field Reports and a two week look ahead shall be submitted to the COR/CO by close of business each

Friday for the duration of the contract.

H.7 - PROJECT MAGNITUDE

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Pursuant to paragraph 36.204 of the Federal Acquisition Regulation, the estimated cost of this acquisition is between

$100,000.00 and $250,000.00

H.8 - BONDS

BID BOND

For offers in excess of $100,000, contractor shall submit with his offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in paragraph entitled Bid

Guarantee in the form of twenty percent (20%) of the offer price, whichever is less. The bid bond penalty may be expressed in terms of percentages of the offer price or may be expressed in dollars and cents.

PERFORMANCE AND PAYMENT BONDS

If required, the bidder to whom award is made must furnish performance (Standard Form 25), and payment (Standard Form

25A) bonds within 10 calendar days of award. The bonds will be good and sufficient surety or sureties acceptable to the Government.

(a) PERFORMANCE BOND

When the contract price is in excess of $100,000, the penal sum of the performance bond shall be equal to one hundred percent (100%) of the contract price. The performance bond shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished.

(b) PAYMENT BOND

(1) Payment bonds are required for contracts in excess of $100,000.

(2) The penal amount of payment bonds shall equal one hundred percent of the contract price.

PART II

Section I Clauses:

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for illegal or Improper Activity (MAY 2014)

52.203-12 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)

52.204-4 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 2016)

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52.204-13 System for Award Management Maintenance (Oct 2016)

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

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-10 Protection on Contracting with Inverted Domestic Corporations (NOV 2015)

52.210-1 Market Research (APR 2011)

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

52.215-2 Audit and Records - Negotiations (OCT 2010)

52.215-8 Order of Precedence-Uniform Contract Format. (Oct 1997)

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

52.219-8 Utilization of Small Business Concerns. (Nov 2016)

52.219-14 Limitations on Subcontracting. (Jan 2017)

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

52.222-3 Convict Labor. (June 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

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 Davis-Bacon and Related Act Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

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52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-34 Project Labor Agreement (May 2010)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(i) Work is performed outside the United States by employees recruited outside the United States

(a) Definitions. As used in this clause-

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

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

Alternate I (JUL 2014).

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

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 (MAR 2015)

52.222-54 Employment Eligibility Verification. (OCT 2015)

52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts. (Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997)

Alternate I (July 1995).

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

Alternate I (May 2011).

52.223-6, Drug-Free Workplace. (May 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

DJU6200008882 PAGE 15 OF 28

(1) Refrigeration equipment (in product or service code (PSC) 4110);

(2) Air conditioning equipment (PSC 4120);

(3) Clean agent fire suppression systems/equipment (e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210);

(4) Bulk refrigerants and fire suppressants (in PSC 6830);

(5) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850);

(6) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC

8030);

(7) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and

(8) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (Jun 2016)

(1) Refrigeration equipment, such as refrigerators, chillers, or freezers; or

(2) Air conditioners, including air conditioning systems in motor vehicles.

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. (May 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.223-20 Aerosols (Jun 2016)

52.223-21 Foams (Jun 2016)

52.224-1 Privacy Act Notification. (Apr 1984)

52.224-2 Privacy Act. (Apr 1984)

52.225-9 Buy American-Construction Materials (May 2014)

(a) Definitions. As used in this clause-

"Commercially available off-the-shelf (COTS) item"-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum

DJU6200008882 PAGE 16 OF 28

products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means-

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

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

"Domestic construction material" means-

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

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a) (2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b) (2) and (b) (3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

______NONE__________________________________________

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b) (2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

DJU6200008882 PAGE 17 OF 28

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b) (3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of MeasureQuantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material_______ _______ _______

Item 2:

Foreign construction material _______ _______ _______

Domestic construction material_______ _______ _______

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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

52.227-1 Authorization and Consent. (Dec 2007)

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

52.228-1 Bid Guarantee. (Sept 1996)

DJU6200008882 PAGE 18 OF 28

52.228-2 Additional Bond Security. (Oct 1997)

52.228-3 Workers' Compensation Insurance (Defense Base Act). (JUL 2014)

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

52.228-11 Pledges of Assets. (Jan 2012)

52.228-15 Performance and Payment Bonds-Construction. (OCT 2010)

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

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (Feb 2013)

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

52.232-16 Progress Payments. (Apr 2012)

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. (Jul 2013)

52.232-36 Payment by Third Party. (MAY 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-1 Performance of Work by the Contractor. (Apr 1984)

52.236-2 Differing Site Conditions. (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236-6 Superintendence by the Contractor. (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984)

52.236-11 Use and Possession Prior to Completion. (Apr 1984)

DJU6200008882 PAGE 19 OF 28

52.236-12 Cleaning Up. (Apr 1984)

52.236-13 Accident Prevention. (Nov 1991)

Alternate I (Nov 1991).

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

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work. (Apr 1984)

52.236-21 Specifications and Drawings for Construction. (Feb 1997)

52.236-26 Preconstruction Conference. (Feb 1995)

52.242-13 Bankruptcy. (July 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-4 Changes. (June 2007)

52.243-5 Changes and Changed Conditions. (Apr 1984)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the

Government Property clause of this contract.

(e) Government property provided under this clause:

(End of clause)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Warranty of Construction (MAR 1994)

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

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

52.251-1 Government Supply Sources. (Apr 2012)

DJU6200008882 PAGE 20 OF 28

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs

(a)(1) through (a)(3) of this provision; or

DJU6200008882 PAGE 21 OF 28

Request For Quote

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):

http://farsite.hill.af.mil/

(End of clause)

52.253-1 Computer Generated Forms. (Jan 1991)

PART III: List of Documents, Exhibits, and Other Attachments

Section J List of Attachments

FORM SF-24 BID BOND

FORM SF-25 PERFORMANCE BOND

FORMSF-25A PAYMENT BOND

FPI 999.999- L.152.214-34 9 BUSINESS MANAGEMENT QUESTIONNAIRE

General Decision Number: CA20190026 07/26/2019

Superseded General Decision Number: CA20180037

State: California

Construction Types: Building, Heavy (Heavy and Dredging) and Highway

Counties: San Bernardino County in California

PART IV: Representations & Instructions

Section K Representations, certifications, and other statements of offerors or respondents

52.203 -2 Certificate of Independent Price Determination (APR1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

CRIMINAL HISTORY CHECK

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a) (1) through (a)

(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs

(a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a) (2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-17 Ownership or Control of Offeror (Jul 2016)

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

52.204-20 Predecessor of Offeror (Jul 2016)

52.209-5 Certification Regarding Responsibility Matters (OCT 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority…