SOLICITATION_COMPLETE_MRG0200.pdf

OMB No:

Expiration Date:

1103-0018

SOLICITATION, OFFER, :11. SOLICITATION NO. 2. TYPE OF SOLICITATION

AND AWARD IXlsEALEDBID(IFB) IFBMRG-O200 I NEGOTIATED (RFP) 04/16/09 1 2(Construction. Alteration. or ReDairl ~ "~"v, ,~, "... \,",rr I ..~ ~ -

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

3. DATE ISSUED

'PAGE

OF PAGES

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

0087-09

7. ISSUED BY CODE d. ADDRESS OFFER TO !1F OTHER THAN ITEM 7)

FEDERAL CORRECTIONAL INSTITUTION

A TTN: CONTRACTING OFFICE

BRIAN PURKEY CONTRACT SPECIALIST

446 GREENBAG ROAD

MORGANTOWN

6. PROJECT NO

IQM

FEDERAL BUREAU OF PRISONS

FIELD ACQUISITION OFFICE

302 SENTINEL DRIVE SUITE 150

ANNAPOLIS JUNCTION WV 26501MD 20701

9. FOR INFORMATION

CALL -

A. NAME

MELLISA RHINEHART.

B. TELEPHONE NO. (INCLUDE AREA CODE) (NO COLLECT CALLS)

301-317-3255

SOLICITATION

NOTE: IN SEALED BID SOLICITATIONS "OFFER" AND "OFFEROR" MEAN "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 to upgrade the existing fire alarm system for the entire facility at FCI Morgantown, WV. The upgraded fire alarm system shall be code compliant and free of deficiencies. This project will be constructed in accordance with the Specifications (Attachment II) located in MRG-O200. The drawings are located in Attachment III.

The contractor must furnish the appropriate bid, performance and payment bonds on the forms located in Attachment IV of this solicitation. The bid bond shall be furnished to the Government on the offer due date. The performance and payment bonds shall be furnished to the Government within ten (10) days after award and are required prior to issuance of the notice to proceed.

The successful contractor shall be responsible for all applicable federal, state and local taxes. No tax exemption certificate will be issued by the Federal Bureau of Prisons. A total price for this project shall be written on line item 17 of this Standard Form 1442.

11. THE CONTRACTOR SHALL BEGIN PERFORMANCE WITHIN 10 CALENDAR DAYS AND COMPLETE IT WITHIN 540 CALENDAR DAYS

AFTER RECEIVING D AWARD, ~ NOTICE TO PR~ THIS PERFORMANCE PERIOD IS ~ MANDATO;~:O NEGOTIABLE.

(SEE FAR 52.211-10 )

00 YES DNO

128. CALENDAR DAYS

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(IF 'YES' INDICATE WITHIN HOW MANY CALENDAR DAYS AFTER AWARD IN ITEM 128.)

13. ADDITIONAL INFORMATION:

A. SEALED OFFERS IN ORIGINAL AND 1 COPIES TO PERFORM THE WORK REQUIRED ARE DUE AT THE PLACE SPECIFIED IN ITEM 8 BY

1 :00 PM (HOUR) LOCAL TIME OS/20/2009 (DATE). IF THIS IS A SEALED BID SOLICITATION, OFFERS MUST BE PUBLICLY OPENED AT THE TIME SET. SEALED ENVELOPES CONTAINING OFFERS SHALL BE MARKED TO SHOW THE

OFFEROR'S NAME AND ADDRESS, THE SOLICITATION NUMBER, AND THE DATE AND TIME OFFERS ARE DUE.

~IS, D IS NOT REQUIREDB. AN OFFER GUARANTEE

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 60 CALENDAR DAYS FOR GOVERNMENT ACCEPTANCE AFTER THE DATE OF THE OFFERS

WILL NOT BE CONSIDERED AND WILL BE REJECTED.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV 4-85)

OFFE~(M~stbe fully completed bv offeror)-

14. NAME AND ADDRESS OF OFFEROR (INCLUDE ZIP CODE) 15. TELEPHONE NO. (INCLUDE AREA CODE)

16. REMITTANCE ADDRESS (INCLUDE ONL Y IF DIFFERENT THAN ITEM 14)

DUNS NUMBER:

TAX illENTIFICA TION NUMBER (TIN):

CODE FACILITY CODE

17. THE OFFEROR AGREES TO PERFORM THE WORK REQUIRED AT THE PRICE(S) SPECIFIED BELOW IN STRICT ACCOORDANCE WITH THE TERMS OF

THIS SOLICITATION,IF THIS OFFER IS ACCEPTED BY GOVERNMENT IN WRITING WITHIN CALENDAR DAYS AFTER THE DATE

OFFERS ARE DUE. (INSERT ANY NUMBER EQUAL TO OR GREA TER THAN THE MINIMUM REQUIREMENT STA TED IN ITEM 130. FAILURE TO

INSERT ANY NUMBER MEANS OFFEROR ACCEPTS THE MINIMUM IN ITEM 130.)

AMOUNTS -

18. THE OFFEROR AGREES TO FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS.

19. ACKNOWLEDGMENT OF AMENDMENTS

(THE OFFEROR ACKNOWLEDGES RECEIPT OF AMENDMENTS TO THE SOLICITA TION -GIVE NUMBER AND DA TE OF EACH)

AMENDMENT NO. I

DATE. I

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT) 206. SIGNATURE 2aG. OFFER DATE

AWARD (TO BE COMPLETED BY GOVERNMENT)

21. ITEMS ACCEPTED:

23. ACCOUNTING AND APPROPRIATION DATA

22. AMOUNT

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

0 10 U.S.C.2304(C) ( ) 0 41 U.S.C.253(c) (

ITEM

BLOCK 27

124.

SUBMIT INVOICES TO ADDRESS SHOWN IN,

(5 COPIES UNLESS OTHERWISE SPECIFIED)

26. ADMINISTERED BY 1.27. PAYMENT WILL BE MADE BYCODE

FCI MORGANTOWN

ATTN: CONTRACTING OFFICE

446 GREENBAG ROAD

MORGANTOWN

FCI MORGANTOWN

AnN: ACCOUNTINGDEPT

446 GREENBAG ROAD

MORGANTOWN WV 26501WV 26501

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

j 28. NEGOTIATED AGREEMENT (CONTRACTOR IS REQUIRED TO SIGN

THIS DOCUMENT AND RETURN COPIES TO ISSUING

OFFICE.) CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS OR PERFORM ALL WORK REQUISITIONS IDENTIFIED ON THIS

FORM AND ANY CONTINUATION SHEETS FOR THE CONSIDERATION

STATED IN THIS CONTRACT. THE RIGHTS AND OBLIGATIONS OF THE

PARTIES TO THIS CONTRACT SHALL BE GOVERNED BY (A) THIS

CONTRACT AWARD, (B) THE SOLICITATION, AND (C) THE CLAUSES,

REPRESENTATIONS. CERTIFICATIONS, AND SPECIFICATIONS

INCORPORATED BY REFERENCE IN OR ATTACHED TO THIS

CONTRACT.

129. AWARD (CONTRACTOR IS NOT REQUIRED TO SIGN THIS

DOCUMENT) YOUR OFFER ON THIS SOLICITATION, IS HEREBY

ACCEPTED AS TO THE ITEMS LISTED. THIS AWARD CONSUMMATES

THE CONTRACT, WHICH CONSISTS OF (A) THE GOVERNMENT

SOLICITATION AND YOUR OFFER, AND (B) THE CONTRACT AWARD.

NO FURTHER CONTRACTUAL DOCUMENT IS NECESSARY.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (TYPE OR PRINT)

31A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31C. AWARD DATE308. SIGNATURE

I30C.

DATE 31 B. UNITED STATES OF AMERICA

BY

STANDARD FORM 1442 (REV 4-85) BACK

Page i

TABLE OF CONTENTS

Page

SECTION I - SPECIAL CONTRACT REQUIREMENTS

I.1 BONDS

I.2 MAGNITUDE

I.3 SIZE STANDARD

I.4 REQUIRED INSURANCE

I.5 INSPECTION OF WORK

I.6 PRE-CONSTRUCTION CONFERENCE

I.7 MATERIAL APPROVAL SUBMITTAL

I.8 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

I.9 WORK HOURS

I.10 CONTRABAND

I.11 EXPLOSIVES

I.12 PARKING AND TEMPORARY OFFICE

I.13 SAFETY AND ACCIDENT PREVENTION

I.14 INSPECTING THE SITE

I.15 PAYMENT SERVICES

I.16 REQUEST FOR FINAL INSPECTION

I.17 DRAWINGS

I.18 CONTRACT SECURITY (3000-03 HUMAN RESOURCE MANAGEMENT

MANUAL)

SECTION II - REPRESENTATIONS AND CERTIFICATIONS

II.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB

2009)

II.2 CONTRACTOR’S CERTIFICATION

II.3 BUSINESS MANAGEMENT QUESTIONNAIRE

SECTION II - SOLICITATION PROVISIONS

II.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

II.5 52.216-1 TYPE OF CONTRACT (APR 1984)

II.6 52.222-5 DAVIS-BACON ACT–SECONDARY SITE OF THE WORK

(JUL 2005)

II.7 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION (FEB 1999)

Page ii

II.8 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT–

CONSTRUCTION MATERIALS (FEB 2009)

II.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN–CERTIFICATION (JUN 2008)

II.10 52.233-2 SERVICE OF PROTECT (SEP 2006)

II.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) Alternate I (FEB

1995)

II.12 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAR 2852.233-70) (JAN 1998)

II.13 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF

CLAIMS

II.14 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS

(AUG 2005)

SECTION III - CONTRACT CLAUSES

III.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

III.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

III.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING

PAYMENT OF UNION DUES OR FEES (DEC 2004)

III.4 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (FEB

2009)

III.5 CONTRACT MONITOR (CM) (AUG 2008)

III.6 UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS

MATERIAL (JAR 2852.223-70) (JUN 1996)

III.7 DEPARTMENT OF JUSTICE (DOJ) RESIDENCY REQUIREMENT -

BUREAU OF PRISONS CLAUSE (JUN 2004)

III.8 NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

(OCT 2005)

III.9 CHANGES

III.10 CHANGES--SUPPLEMENT

SECTION IV - SUPPLEMENTAL PROVISIONS

ATTACHMENT I: SCHEDULE OF WAGE RATES

ATTACHMENT II: SPECIFICATIONS

ATTACHMENT III: DRAWINGS

ATTACHMENT IV: BOND FORMS

SECTION: I

IFB MRG-0200

SECTION I - SPECIAL CONTRACT REQUIREMENTS

READ THE FOLLOWING IN CONJUNCTION WITH THE SOLICITATION, OFFER AND AWARD

STANDARD FORM SF 1442

I.1 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 contract 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 $100,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $100,000.00 or less)

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

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

( c ) For construction contracts greater than $25,000 but not greater than $100,000, the Contracting Officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives (FAR 28.102-1(b)(1):

(1) A Payment Bond;

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

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

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

(d) Individual Sureties.

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

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

I.2 MAGNITUDE

The magnitude of this project is between $1,000,000.00 and $5,000,000.00.

I.3 SIZE STANDARD

The small business size standard is $14 million average annual receipts for an offeror’s preceeding three fiscal years. The North American Industrial Classification System (NAICS) code for this acquisition is 238210.

I.4 REQUIRED INSURANCE

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

(a) The contractor shall, at his own expense, provide and maintain during the entire performance of this contract at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S

LIABILITY $100,000.00

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

Per accident or occurrence for bodily injury $500,000.00

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

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

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

(b) Before commencing work under this contract, the contractor shall certify to 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, or (2) until 30 days after 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 Institution and shall require subcontractors to provide and maintain insurance required in the Schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

I.5 INSPECTION OF WORK

This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. In the event it is determined necessary to designate a Contracting Officer's Representative (COR) for this contract, such designation shall be by a separate letter to the individual selected with a copy furnished to the contractor.

I.6 PRE-CONSTRUCTION CONFERENCE

(a) A pre-construction conference will be held prior to construction, at the institution, between institution officials and the Contractor's representative to discuss general rules and regulations, including tool control, fraternization, conduct, dining facilities, review of the contract documents, etc. Minutes of this conference will be made, covering all items discussed, with copies distributed to all of those in attendance, and to the Regional Facilities Administrator.

(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.

I.7 MATERIAL APPROVAL SUBMITTAL

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor using the forms furnished at the Preconstruction Conference.

I.8 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause herein entitled "Schedules for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to the forms, Construction Progress Chart and Contract Progress Report. A revised progress schedule is required at each progress meeting.

I.9 WORK HOURS

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

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

I.10 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.

I.11 EXPLOSIVES

The use of explosives is absolutely forbidden without written authorization from the Contracting Officer.

I.12 PARKING AND TEMPORARY OFFICE

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

I.13 SAFETY AND ACCIDENT PREVENTION

In performing work under this contract the contractor shall:

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

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

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

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

I.14 INSPECTING THE SITE

The site is located at:

Federal Correctional Institution Morgantown 446 Greenbag Road Morgantown, WV 26501

I.15 PAYMENT SERVICES

(a) Application for payments in original and 5 copies shall be prepared on AIA (American Institute of Architects) Form G-702 "Application and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another form;

however, it shall contain similar information within the AIA Form G-702. The

Contracting Officer will indicate his approval of the amount of payment by signing and forwarding the application and certificate as follows:

Original: Accounting Supervisor Copy to: Contractor, Contract File, Project Representative, Project Manager, Architect/Engineer

I.16 REQUEST FOR FINAL INSPECTION

The Contractor shall give the Project Representative at least 10 days advanced written notice of the date on which the work will be fully completed and ready for final inspection.

I.17 DRAWINGS

Five sets of all shop drawings, where indicated in the specifications, as finally approved are required to be furnished upon completion of work.

I.18 CONTRACT SECURITY (3000-03 HUMAN RESOURCE MANAGEMENT

MANUAL)

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

National Crime Information Center (NCIC) Check Name Check Fingerprint Check (FD-258) Completed OF-306, Declaration for Federal Employment, and

Appropriate Resume or Optional Application Completion of the Contract Pre-employment Form Release of Information

SECTION: II

IFB MRG-0200

SECTION II - REPRESENTATIONS AND CERTIFICATIONS

II.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $14 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

( c ) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).

This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

II.2 CONTRACTOR’S CERTIFICATION

Bidders are cautioned to note the "contractor's certification," included in this solicitation, and to furnish the information required by paragraph b, Partnerships, and paragraph c, Corporations, as appropriate.

(a) CONTRACTS WITH INDIVIDUALS. If the resultant contract is with an individual, it shall be signed by the individual in his own name. A contract with an individual doing business as a firm shall be signed by that individual and will ordinarily take the following form.

___________________________________(Signed) An individual doing business as

(b) CONTRACTS WITH PARTNERSHIPS. If the resultant contract is with partnership, it needs to be signed by only one partner PROVIDED the partner signing has the authority to legally bind the partnership. In addition, the following statement shall be completed.

__________________________ is a partnership composed of (firm name)

(list all partners)

(indicate if any partner is limited in partnership authority)

( c ) CONTRACTS WITH CORPORATIONS. If the resultant contract is with a corporation, it shall be executed in the corporation name, followed by the word "by" after which the person who has been authorized to execute the contract on behalf of the corporation shall sign his name, with the designation of his official capacity. In addition, the following certification shall be completed:

I, __________________________, certify that I am the _______________, of the corporation named as contractor herein, that _____________________, who signed this contract was then ______________________ of said corporation, that said contract was duly signed for and on behalf of said corporation by authority of the governing body and is within the scope of its corporate powers. In witness whereof, I have hereunto affixed by signature this ______ day on ______________, 19____.

(signature, printed name, title)

(d) CONTRACT WITH JOINT VENTURES. If the resultant contract is with a joint venture, each participant shall sign and in the manner indicated above for each type of participant. In addition, to assure a single point of contact for resolution of contractual matters and payments, the following certification shall be signed by each participant in the joint venture.

The parties hereto expressly understand and agree as follows:

(1) _______________________________________________________ (name) (title) (company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work thereunder may be directed to him. In the absence of:

(name) (title) (company as above) (name) (title) (company as above) is the alternate principal of the joint venture.

(2) Directions, approvals, required notices, and all other communications from the government to the joint venture, including transmittal of payments by the government, shall be directed to:

(name) (title) (company) principals representative of the joint venture.

(e) SIGNATURE OF AGENTS. If the resultant contract is signed by an agent, other than as stated above, the fact of the agency will be evidence by a copy of the Power of Attorney.

II.3 BUSINESS MANAGEMENT QUESTIONNAIRE

(a) Provide the work distribution, by percentage, among commercial contracts and Government prime contracts (including subcontracts under Government contract).

COMMERCIAL:_________ percent GOVERNMENT:_________ percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(1) (a) Customer & Address _____________________________

(Phone) ____________________

(b) Contract Number _____________________________

(c) Person to Contact _____________________________

(d) Type of Work ____________________________

(e) Amount of Contract $_________________________

(f) Contract Status [__] Active [__] Complete

(2) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number _____________________________

(c) Person to Contact _____________________________

(d) Type of Work ____________________________

(e) Amount of Contract $_________________________

(f) Contract Status [__] Active [__] Complete

(3) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number _____________________________

(c) Person to Contact _____________________________

(d) Type of Work ____________________________

(e) Amount of Contract $_________________________

(f) Contract Status [__] Active [__] Complete

(4) Bank Reference:

(a) Name of Bank__________________________________

(b) Address______________________________________

(Phone)_________________________________

( c ) Person to Contact______________________________

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors):______________percent

SECTION II - SOLICITATION PROVISIONS

II.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

WWW.ACQUISITION.GOV/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

NUMBER DATE TITLE

52.214-3 DEC 1989 AMENDMENTS TO INVITATION FOR BIDS

52.214-4 APR 1984 FALSE STATEMENTS IN BIDS

52.214-5 MAR 1997 SUBMISSION OF BIDS

52.214-6 APR 1984 EXPLANATION TO PROSPECTIVE BIDDERS

52.214-7 NOV 1999 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

52.214-18 APR 1984 PREPARATION OF BIDS - CONSTRUCTION

52.214-19 AUG 1996 CONTRACT AWARD - SEALED BIDDING -

CONSTRUCTION

52.214-34 APR 1991 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

52.214-35 APR 1991 SUBMISSION OF OFFERS IN U. S. CURRENCY

52.228-1 SEP 1996 BID GUARANTEE

II.5 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

II.6 52.222-5 DAVIS-BACON ACT–SECONDARY SITE OF THE WORK (JUL 2005)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

II.7 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Trade Minority Participation Female Participation All 2.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

( c ) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Monongalia County, Morgantown, WV 26501.

(End of provision)

II.8 52.225-10 NOTICE OF BUY AMERICAN ACT

REQUIREMENT–CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

( c ) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

II.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN–CERTIFICATION (JUN 2008)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Person” means—

(1) A natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent company or subsidiary of any entity described in paragraphs (1) or (2) of this definition.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

(End of provision)

II.10 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Procurement Executive Federal Bureau of Prisons 320 First Street, NW Room 5006 Washington, DC 20534

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

II.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-

10:00 AM Local Time/Wednesday, MAY 6, 2009

( c ) Participants will meet at–

Training Center Federal Correctional Institution 446 Greenbag Road Morgantown, WV 26501

All prospective bidders who plan to attend this conference are REQUIRED to contact Brian Purkey, Contract Specialist, at 304-284-4323 NO LATER THAN 2:00 PM on Tuesday, May 5, 2009 to be placed on the visitor’s list. All persons entering the institution will require proper photo identification (ie., driver’s license).

II.12 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAR

2852.233-70) (JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest

Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

( c ) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

[End of Provision]

II.13 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS

(a) When the Contractor, after receipt of notification of a change made pursuant to the clause of this contract entitled "Changes" or after affirmation of constructive change thereunder, submits any claim for equitable adjustment under this clause, such claim shall include all types of adjustments in the total amounts to which that clause entitles the Contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change.