Fire Hydrant bid document.pdf

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1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED

SOLICIT A TION,OFFER,

AND AWARD ~ SEALED BID (IFB)

(Construction, Alteration, or Repair) NEGOTIATED (RFP) l 5B21220B0000000 I 03/ 10/2020

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

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

6. PROJECT NO.

2D4L

7. ISSUED BY CODE 15B212

Federal Bureau of Prisons

FCI Ray Brook

8. ADDRESS OFFER TO

Mark Allen

128 Ray Brook Road

(0) 5 I 8-897-4075

(F) 5 I 8-897-42 I 0 mallen@bop.gov

128 Ray Brook Road

RAYBROOK, NY 12977-0300

9. FOR INFORMATION CALL:! a. NAME I b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS)

SOLICITATION

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

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

The selected contractor shall provide all materials , labor, and equipment required to complete the Replace Fire Hydrants project at FCI Ray Brook in accordance with the requirements of solicitation 15B21220B00000001.

11. The Contractor shall begin performance ___ ..._.. _ __ calendar days and complete it within IQ 5 calendar days after receiving

O award, (KJ notice to proceed . This performance period is (KJ mandatory D negotiable. (See ___________ .)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES, " indicate within how many calendar days after award in Item 12b).

(KJYES O No

13. ADDITIONAL SOLICITATION REQUIREMENTS:

2b. CALENDAR DAYS

a. Sealed offers in original and ____ copies to perform the work required are due at the place specified in item 8 by I Z-QQEfi)1.,ur) local time Q404(2Q2Q (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offerer's name and address. the solicitation number, and the date and time offers are due.

b. An offer guarantee ~ is, D is not required .

IO

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

d. Offers providing less than _ 9;;..o.;._ __ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

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

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

15B21220B00000001 Page 2 of 26

OFFER (Must be fullv comoleted bv offeror)

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

16. REMITTANCE ADDRESS (Include only if differentthan Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below ,n strict accordance with the terms of this sohcItatIon, 1f this offer Is accepted by the Government in writing within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21 . ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

26. ADMINISTERED BY

Federal Bureau of Prisons

FCI R ay Brook

128 Ray Brook Road

RAYBROOK, NY 12977-0300

I I5B212

IITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO n 10 u.s.c. 2304(c) () n41 u.s.c. 253(c) ()

27. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons

FCI Ray Brook

128 Ray Brook Road

RA YBROOK, NY 12977-0300

Travis Cayea

(0) 5 I 8-897-4055

TCayea@ bop.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

D 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document D 29. AWARD (Contractor is not required to sign this document.) Your offer on this and return copies to issuing office) Contractor agrees to furnish and solicitation is hereby accepted as to the items listed. This award consummates the deliver all items or perform all work requirements identified on this form and any contract, which consists of (a) the Government solicitation and your offer, and {b) this continuation sheets for the consideration stated in this contract. The rights and contract award. No further contractual document is necessary.

obligations of the parties to this contract shall be governed by (a) this contract award , {b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31a. NAME OF CONTRACTING OFFICER (Type or print) (Type or print)

Mark Allen

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

BY

STANDARD FORM 1442 (REV. 4-85)BACK

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Table of Contents

Description Page umber

Solici tation, Offer and Award ... ...... ........ ................ ..... ....... .. ........ .... ... ............. ...... ........ ........ .... .... ..... ..... ..... I Commodity or Services Schedule Special Contract Requirements

FAO-000 1 Bonds F AO-0002 Magnitude F AO-0003 Required Insurance F AO-0004 Pre-Construction Conference FAO-0005 Submittals F AO-0006 Contractor Use of Premises F AO-0007 Payment Services F AO-0008 Request for Final Inspection F AO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual) F AO-00 IO Assignment of Contract Administration Office and Functions F AO-00 11 Schedule of Values F AO-001 2 Progress Meetings F AO-00 13 Contract Closeout Procedures (for construction contracts exceeding $ I 50,000)

Contract Clauses 52.211-10 Commencement, Prosecution, and Completion of Work (Apr l 984) ... .... ....... .. .. .... ..... ......... 1 l 52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.215-21 Requirements fo r Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct 20 I 0) 52.222-36 Equal Opportunity for Workers with Disabilities (Ju l 2014)

BOP 2852.242-7 1 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

20 11 )

52.21 1-1 2 Liquidated Damages-Construction (Sept 2000) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 20 16) FAO-0015 Changes 52.225-9 Buy American-Construction Materials (May 2014) 52.222-35 Equal Opportunity for Veterans (Oct 2015) ... ....... ... ... .......... ... .... .... .. ........ ... .... .. .... .. .. ... ...... .. l 8 F AO-001 6 Equitable Adjustments: Waiver and Release of Claims

Attachments Solicitation Provisions

52.222-23 Notice of Requirement for Affim1ati ve Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 20 14) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Site Visit (Construction) (Feb I 995)

52.27-103-7 1 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan l 998)

52.2 16- 1 Type of Contract (Apr I 984) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 20 14)

Representations and Certifications 52.209- 13 Violation of An11S Control Treaties or Agreements-Certification (Jun 2018) F AO-0020 List of References and Bank Information

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price 1.000000 JB $ $ $

The selected contractor shall provide all materials, labor, & equipment to complete the Replace Fire Hydrants Project at FCI Ray Brook in accordance with solicitation 15B21220B00000001 .

PSC: Z2FF

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Section 3 - Special Contract Requirements

Clauses By Full Text

F AO-000 I Bonds

(a) Bid Guarantee. Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in provision 52.228-1 , in the form of twenty percent (20) of the bid price or not to exceed $3,000,000. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A bid bond is not required for bids of $150,000 or less. (FAR 28. 102-1)

(b) Perforn1ance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as fo llows; a Performance Bond (Standard Forn1 25) and a Payment Bond (Standard Fonn 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $150,000 or less)

(I) Perfornrnnce Bond: The penal sum of perforn1ance bonds at the time of contract award shall be I 00 percent of the original contract price.

(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be I 00 percent of the original contract price.

( c) For construction contracts greater than $30,000 but not greater than $150,000, the Contracting Officer shall select two or more of the fo llowing payment protections, giving particular consideration to inclus ion of an irrevocable letter of credit as one of the selected alternatives (FAR 28. 102-l(b)(l)) :

(I) A Payment Bond;

(2) An irrevocab le letter of credit (ILC);

(3) A tripart ite escrow agreement;

(4) A Certificate of Depos it; or

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

(d) Individual Sureties.

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

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

F AO-0002 Magnitude

The magnitude of this' project is between $ I 00.000.00 and $150,000.00.

F AO-0003 Required Insurance

See FAR 52 .228-5, Insurance - Work on a Government Installation.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the

Schedule or elsewhere in the contract.

TYPE AMOUNT

( 1) WORKERS COMPENSATION & EMPLOYER'S LlABILlTY $100,000

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The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LlABILlTY with a minimum li mit of:

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the fo llowing minimum limits:

PER PERSON

PER OCCURRENCE FOR BODILY INJURY

PER OCCURRENCE FOR PROPERTY DAMAGE

F AO-0004 Pre-Construction Conference

$200,000

$500,000

$ 20,000

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

Minutes of the conference shall be recorded, listing the names and titles of all attendees, and the subject matter of all items covered.

The minutes shall be signed by the contractor and the Contracting Officer, and a signed copy placed in the contract file.

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

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F AO-0005 Submittals

Within IO calendar days after commencement of work or as otherwise established by the Contracting Officer, a ll materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor.

The submittal process is in place to allow the Government the opportunity to detennine whether materials or procedures used by the contractor are in accordance with contract requirements . It is ultimately the Contractor's responsib ili ty via the quality control process to ensure submittal items installed under the contract and work perfom1ed on site are in accordance with industry standards and general practices.

(a) The types of submittal requirements specified in thi s contract may include, but is not limited to; shop drawings, product data, samples, certificates of confonnance or compliance, certified test or inspection reports, equipment, materials, and miscellaneous work related submittals for construction. Individual submittal requirements are generally specified in applicable sections for each unit of work in the specifications and/or as a whole in one section in the statement of work.

(b) The Bureau of Prisons (BOP) Contracting Officer's Representative (COR) shall act for the Contracting Officer in the review and acceptance of all submittals. The Contractor shall submit submittals as required by the contract/specifications to the COR for transmittal to the Contracting Officer. Fabrication of any work or purchase or use of any submittals (such as materials for which samples are required or equipment, etc .) shall not take place until written acceptance is given by the COR, except at the Contractor's own risk.

(c) The Contractor shall submit all shop drawings and submittals sufficiently in advance (unless otherwise specified in the specifications) of the construction requirements to allow ample time for checking, re-submitting, and re-checking.

(d) Failure of any materials to pass their specified tests shall be sufficient cause for refusal to cons ider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which has previously proven unsatisfactory in service.

(e) The Contracting Officer's or designee's approval or acceptance of submittals is not to be construed as a complete check.

Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work . The Contractor is responsible for delivering a final product/system that is operational as intended by the contract requirements, regardless of any Government approvals or acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly funct ioning product or system.

F AO-0006 Contractor Use of Premises

Work Hours The project schedule is based on a nonnal forty (40) hour work week, eight (8) hours per day, Monday through Friday, excluding Federal holidays. The Contracting Officer's Representative (COR) shall establish the work hour time frames for the duration of the project, subject to the approval of the Contracting Officer. Work hours and work days may be altered only with a 48 hour advance approval of the Contracting Officer.

NOTE: Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional fac ili ty, as working hours may not constitute a fu ll eight hour day. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines. The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre bid conference/site visit and the pre-construction meeting.

Contraband The Contractor shall inform his employees that intoxicating beverages, drugs, weapons, etc. , will not be allowed on the site.

Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC-1791.

Exp losives The use of exp losives is absolutely forbidden without written authorization from the Contracting Officer.

Parking and Temporary Office

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Parking wi ll be available at the si te to the extent it does not interfere with construction activities. Otherwise, parking shall be provided for by the Contractor, at his expense, off the site for workmen employed on the project. Any temporary field office used by the Contractor shall be located in an area approved by the COR.

Safety and Accident Prevention In perfonning work under this contract the contractor shall :

(a) Confonn to the specific safety requirements established by this contract;

(b) Comply with the safety rules of the Government institution that concern related activities not directly addressed in this contract;

( c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel perfonning or in any way coming in contact with the perfonnance of this contract; and

(d) Take such additional immediate precautions as the Contracting Officer and/or COR may reasonably require for safety and accident prevention purposes.

F AO-0007 Payment Services

(a) Original application for payment shall be prepared on AIA (American Institute of Architects) Fom1 G-702 "Appli cation and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another form; however, it shall contain similar information as the AIA Form G-702. The Contracting Officer will approve the amount of payment by signing and forward ing the application and certificate as follows: Original to Accounting; Copy for Contract Award File.

(b) All small business contractors are required to self-certify on all invoices their small business status.

F AO-0008 Request for Final Inspection

The Contractor shall give the Contracting Officer's Representative (COR) a minimum of ten ( I 0) working days advanced written notice of the date on which the work will be fu lly completed and ready for the Government's final inspection.

F AO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual)

The following security measures will be applied to all contract employees who wi ll be working under the tenns of the contract:

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

F AO-00 IO Assignment of Contract Administration Office and Functions

Pursuant to FAR 42.201 and 42.202, the assigned Contract Admini stration Office is listed in Block 26 of the Standard Fonn 1442 Back. This assignment carries with it the authority to perform all of the contract adm inistration functions listed in FAR 42.302(a) and 42 .302(b) to the extent that those functions apply to the contract.

FAO-0011 Schedule ofYalues

The Contractor shall prepare a Schedule ofYalues (SOY) for the project and submit to the Contracting Officer for approval prior to submitting the first app li cation for payment. The SOY shall be correlated with the construction schedule. The SOY shall be fonnatted per the Construction Specification Institute Master Fonnat structure. The Contractor may propose an alternate organizational fom1at to the Contracting Officer for approval.

(a) The SOY shall include:

(I) Project name, location, and contract number;

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(2) Contractor' s name and address ;

(3) Date of submittal.

(b) The SOY shall be arranged in a tabular fom1 with separate columns to indicate the fo llowing for each item listed:

( 1) Description of Work or Material;

(2) Related specification section, if applicable;

(3) Name of subcontractor, if applicable;

(4) ame of manufacturer or fabricato r, if applicable;

(5) Name of supplier, if applicable;

(6) Change orders (modifications) that have affected value, if applicab le ;

(7) Dollar value;

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

(c) The SOY shall breakdown the contract sum in sufficient detail to faci li tate continued evaluation of applications for payment and progress reports. The contractor should separate principal subcontract amounts down into several line items.

( d) SOY amounts shall be rounded to the nearest whole dollar. The total of all SOY amounts shall equal the total contract amount.

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

(f) The SOY shall remain fixed for the duration of contract perfonnance. Any revisions to the SOY must be requested in writing, with justification, for approval by the Contracting Officer.

F AO-0012 Progress Meetings

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

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

(I) FBOP: Admini strative Contracting Officer, Contracting Officer's Representative (COR), Facility Administrator/ Manager, Architect/Engineer (if applicable), Other Personnel (Executive Staff, Captain, Safety Manager, etc .).

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

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

Administrative Contracting Officer:

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

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

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

( 4) Status of modification proposal requests;

(5) Discuss new business .

( 1) Status of escort coverage;

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

(3) Discuss other delays contractor may be experienc ing;

(4) Discuss perfom1ance/quality issues.

Contractor:

( 1) Review/discuss updated progress schedule;

(2) Provide 30 day outlook;

(3) Discuss other issues affecting perfonnance.

F AO-0013 Contract Closeout Procedures (for construction contracts exceeding $150,000)

Contract Closeout must be completed within six (6) months of physical completion of the work.

Prior to payment of final invoice:

The contractor shall submit the following documents:

(I) Contractor's Affidavit of Release of Liens (AIA Document G706A);

(2) Contractor's Affidavit of Payment of Debts and Claims (AIA Document G706);

(3) All as-built drawings/shop drawings , if applicable;

( 4) Contractor's final invoice;

(5) Release of Claims (GSA Fom1 1142);

(6) Consent of Surety to Final Payment (AIA Document G707);

(7) Letter establishing warranty dates;

(8) Complete list of subcontractors with telephone numbers and points of contact;

(9) Guarantees and warranties ;

( I 0) All balance and test reports ;

(1 1) All operation/maintenance manuals;

(12) All pem1its and certifications.

AJA fonns can be obtained from The American Institute of Architects at www.aiabookstore.com.

GSA forms can be obtained from the General Services Administration at www.gsa.gov (cli ck on the "Fonns Library" link) .

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Section 4 - Contract Clauses

Clauses By Full Text

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

The Contractor shall be required to (a) commence work under th is contract within lQ [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than l.Q.5_. * The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date .

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter I) clause with an authorized deviation is indicated by the addition of "(DE VIA TIO )" after the date of the clause.

(b) The use in this solic itation or contract of any _________ . [insert regulation name] (48 CFR ____ ~ clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct 20 10)

(a) Exceptions from certified cost or pricing data.

(I) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the infonnation described in the following paragraphs. The Contracting Officer may require additional supporting infonnation, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If--

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The mod ification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor m·ay provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, infonnation on prices at which the same item or similar items have previously been so ld that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

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(I) For catalog items, a copy ofor identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit infomrntion or other data relevant solely to the Contractor's detennination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data . If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following appl ies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15 .408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory fomrnt to be used in this contract, unless the Contracting Officer and the Contractor agree to a different fonnat and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions) , the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affinnative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the tenns of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions wi ll be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, 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)

BOP 2852.242-71 EVALUATION OF CO TRACTOR PERFORMA CE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's perfomrnnce wi ll be evaluated in accordance with FAR 42.15 . Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an eva luation of contractor perfonnance and submit it to the Past Performance Infonnation Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CP ARS) to provide contractor perfonnance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mai l from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

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(End of Clause)

52.211-12 Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 785.36 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted .

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Tennination clause.

(End of clause)

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

(a) Definitions. As used in this clause--

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract infonnation.

"Federal contract infornrntion" means infornrntion, not intended for public re lease, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments .

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

(CNSSI) 4009).

"Information system" means a discrete set of inforn1ation resources organized for the collection, processing, mai ntenance, use, sharing, dissemination, or disposition of infonnation (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect infornrntion systems.

(b) Safeguarding requirements and procedures.

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

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

(ii) Limit infom1ation system access to the types of transactions and functions that authorized users are permitted to execute.

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

(iv) Control infonnation posted or processed on publicly accessible infom1ation systems.

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

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to a llowing access to organizational infom1ation systems.

(vii ) Sanitize or destroy information system media conta ining Federal Contract Information before disposal or re lease for reuse.

(vii i) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized indi viduals.

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

(x) Monitor, control, and protect organizational communications (i.e. , inforn1ation transmitted or received by organizational inforn1ation systems) at the external boundaries and key internal boundaries of the infonnation systems.

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

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

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

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

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

(2) Other requirements. This clause does not re lieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor inforn1ation systems generally or other Federal safeguarding requirements for controlled unclassified inforn1ation (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisit ion of commercial items, other than commercially avai lable off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

F AO-0015 Changes

(a) Changes will be in accordance with the Changes clause 52.243-4 or Changes and Changed Conditions clause 52.243-5 whichever applies to this contract.

(b) When changes are made in the work that requires an equitable adjustment to the contract, the Contractor shall submit to the Contracting Officer, through the Contracting Officer' s Representative (COR), a written proposal for adjustment of the amount of increase or decrease. With the proposal, the Contractor shall submit an itemized breakdown in at least the follow ing detail:

(I) Material quantities and unit cost

(2) Labor costs by material item

(3) Construction equipment cost

(4) Workmen's compensation and public liability insurance

(5) Overhead

(6) Profit or conm1ission

(7) Employment taxes (FICA and FUT A)

(c) The maximum allowable overhead, profit and commission percentages are contained below. The percentages for overhead, profit and conunission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following:

(I) To the Contractor, on work perforn1ed by other than his own forces. The commission is I 0% in the first $20,000, 7 1/2% on the next $30,000, 5% on the balance over $50,000.

(2) To the Contractor, and/or the Subcontractors for that portion of the work perfonned with their respective forces. The conunission is I 0% overhead and I 0% profit on the first $20,000, 7 1/2% overhead and 7 1/2% profit on the next $30,000, and 5% overhead and 5% profit on the balance over $50,000.

ot more than three (3) percentages, not to exceed the maximum percentage amounts shown above, wi ll be allowed regardless of the number of Subcontractors (i.e. , the mark up on work subcontracted by the Subcontractor will be limited to the overhead

15B21220B00000001 Page 15 of 26 percentage and one profi t percentage in addition to the prime Contractor's commission percentage). On proposals covering both increases and decreases in the amount of the contract, overhead, profit and commission wi ll be allowed on the net increase only.

( d) When certified cost or pricing data are required under FAR 15.403-4 for proposals over $700,000, the cost or pricing data shall be submitted in accordance with FAR 15.408, Table 15-2. No itemized breakdown will be required for proposals amounting to less than $ 1,000.

(e) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the Contracting Officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate availab le at the time, with the firm price to be detennined later. Furthennore, when the change order is issued, the contractor shall submi t a proposal for cost of changes in work within 30 calendar days.

(t) The Contracting Officer will consider issuing a settlement by detennination to the contract, if the contractor's proposal requi red by paragraphs (a) and (b) of this clause is not received within 30 calendar days, or if agreement has not been reached.

(g) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had perfohned the deleted work. A reasonable allowance for overhead and profi t are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation .

(h) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefor. Assistants to office supervisors include all clerical, stenographic and general office help.

Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toi lets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage.

(i) The Contractor shall submit with his proposal a request for time extension, if applicable.

U) The COR shall review the proposal and check estimates in detail , utilizing unit prices where specified or agreed upon. If they are in agreement, the COR shall forward the proposal to the Contracting Officer. The Contracting Officer will forward copies to the Architect-Engineer (if applicable) and the Regional Project Manager for their review and recommendations. After their review, the Architect-Engineer and Project Manager wi ll forward their comments to the Contracting Officer.

(k) If the Contracting Officer detennines that an equ itable adjustment is to be made, the contract shall be modified in writing utilizing the prescribed Standard Fonn 30 (Amendment of Solicitation/Modification of Contract)(SF-30). After the SF-30 has been signed by the Contractor and executed by the Contracting Officer, distribution shall be made as follows:

(I ) Original: Contract file

(2) Copy to : Contractor

Regional Project Manager Contracting Officer' s Representative (COR) Architect-Engineer Firm (if appli cable) Accounting Supervisor Contracting Officer

52.225-9 Buy American-Construction Materials (May 20 14)

(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 (I) of the definition at FAR 2.101);

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

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(ii i) 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 products .

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the bui lding or work. The tem1 also includes an item brought to the site preassembled from articles, materials, or suppl ies. However, emergency life safety systems, such as emergency lighting, fire alam1, 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--

( 1) 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 finn) , and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) 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

(i i) 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 imp lements 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 l 2.505(a)(2)). The Contractor shall use only domestic construction material in perfonning 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 li sted by the Government as follows:

##None [Contracting Officer to list applicable excepted materials or indicate "none '1

(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;

15821220800000001 Page 17 of 26

(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.

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

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

(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 detern1ination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such detennination 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 detennination.

(2) If the Government detennines 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…