Amended._Solicitation_package_IFBP02021400007.pdf

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

SOLICITATION,OFFER,

AND AWARD (:g SEALED BID (/FB) (Construction, Alteration, or Repair) NEGOTIATED (RFP)

IFBP02021400007 04/07/2014

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

4. CONTRACT NO. 5. REQUISITION/PUR HASE REQUEST NO. ,6. PROJECT NO.

2A8B

7.1SSUED BY CODE BFTD 8. ADDRESS OFFER TO

Federal Bureau of Prisons KEVIN HINDUS Federal Bureau of Prisons KEVIN BIND US

FCI Fort Dix (0) 609-723-1100 X 13 FCI Fort Dix (0) 6097231100 X5130

NE FINANCE CENTER KBINDUS@BOP. Gpv NE FINANCE CENTER KBINDUS@BOP.GOV

BLDG 5756 HARTFORD ROAD BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640 FORT DIX, NJ 08640

9. FOR INFORMATION CALLI a. NAME b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS)

KEVIN HINDUS 609-723-1100 X5130

OLICITATION

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

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

PROJECT TITLE: REPLACING HOT WATER BOILER PUMPS.

The selected contractor shall provide all materials, labor, and equipment to re lace hot water boiler pumps at MDC Brooklyn, Brooklyn, NY. PLEASE COMPLETE THE

FOLLOWING ITEMS: DUNS NUMBER

TAX IDENTIFICATION NUMBER

11. The Contractor shall begin performance 10 calendar day and complete it within 100 calendar days after receiving

Oaward, IK] notice to proceed. This performance period is (K]ma datory 0 negotiable. (See EL!B. QZ Zl1-1Q.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMAN E AND PAYMENT 2b. CALENDAR DAYS BONDS? (If "YES, • indicate within how many calendar days after award in lte ~ 12b).

10 DYES IK]No

13. ADDITIONAL SOLICITATION REQUIREMENTS

a. Sealed offers in original and I copies to perform the work req ired are due at the place specified in item 8 by 13:00 (hour) local time 0412 U2014 (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 offeror's name and address, the solicitation numbe , and the date and time offers are due.

b. An offer guarantee [KJ is, Dis not required.

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

d. Offers providing less than 60 calendar days for Governmen a cceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA~ FAR {48 CFR) 53.236·1{d)

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OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified t elow in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after tt!e 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 pfferor accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and pay~ent bonds.

19. ACKNOW EDGMENT OF AMENDMENTS

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

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. AC vOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

( 4 copies unless otherwise specified)

26. ADMINISTERED BY

Federal Bureau of Prisons FCI Fort Dix

PO BOX 38

FORT DIX, NJ 08640

l BFTD

ITEM

27 25~HER THAN FULL AND OPEN COMPETI~N PURSUANT TO

LJ10 U.S. C. 2304(c) () LJ41 U.S.C. 253(c) ()

27. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Fort Dix

PO BOX 38

FORT DIX, NJ 08640

CONTRACTING OFFICER W LL COMPLETE ITEM 28 OR 29 AS APPLICABLE

0 28. NEGOTIATED AGREEMENT (Contractor is required to sign this ocument and return copies to issuing office) Contractor agrees to fu nish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The ri~hts and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation. and (c) the clauses, representations. certificat pns. and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED T) SIGN (Type or print)

30b. SIGNATURE 30c. DATE n 29. AWARD (Contractor is not required to sign this document.) Your offer on !Firs solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

31a. NAME OF CONTRACTING OFFICER (Type or print)

Kevin Bindus

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

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Ta le of Contents

Description Pa~:e Number

Solicitation, Offer and Award Commodity or Services Schedule Special Contract Requirements

FA0-0001 BONDS

F A0-0002 Magnitude F A0-0003 Size Standard F A0-0004 Liquidated Damages F A0-0005 Required Insurance F A0-0006 Contractor Use of Premises F A0-0007 Pre-Construction Conferen F A0-0008 Material Approval Submit I F A0-0009 Inspecting The Site

FA0-0010 CONTRACT SECURITY{ 000-03 HUMAN RESOURCE MANAGEMENT

MANUEL)

FA0-0011 REQUEST FOR FINAL SPECTIONS

FA0-0012 ASSIGNMENT OF CONT CT ADMINISTRATION OFFICE AND FUNCTIONS

F A0-00 13 SCHEDULE OF VALUES ROGESS PAYMENTS, CONSTRUCT CLOSEOUT

PROCEDURES( FOR CONTRACTS 150,000.00 OR LESS)

FA0-0014 PAYMENT SERVICES

FA0-0015 Equitable Adjustments: Waver and Release of Claims 52.24-403-70 Notice of Contractor Per onnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR SIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

Contract Clauses

52.21-603-70 CONTRACTING OFFI ER REPRESENTATIVE(COR) (JUNE 2012)

52.211-10 Commencement, Prosecuti , and Cpmpletion of Work (Apr 1984) 52.211-12 Liquidated Damages--Cons ction(Sept 2000)

52.222-23 NOTICE REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY F R CONSTRUCTION (FEB 1999)

52.225-9 Buy American Act- Constru tion Materials (Sep 2010) 2852.223-70 Unsafe Conditions Duet the Presence ofHazardous Materials (JAR 2852.223-70) (June 1996)

52.242.1502 EVALUATION OF CO TRACTOR PERFORMANCE UTILIZING CPARS (April 2011) 52.223-18 Encouraging Contractor Po icies To Ban Text Messaging While Driving (Aug 2011) 52.24-403-70 Notice of Contractor Pe onnel Security Requirements (OCT 2005) 52.204-1 Approval of Contract (Dec 1 89) 52.204-12 Data Universal Numbering ystem Number Maintenance (Dec 2012) 52.211-13 Time Extensions (Sept 200 ) 52.214-29 Order of Precedence- Seal d Bidding (Jan 1986) 52.215-12 Subcontractor Certified Cot or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Co tor Pricing Data- Modifications (Oct 2010) 52.224-1 Privacy Act Notification (A 1984) 52.233-1 Disputes (July 2002) 52.243-5 Changes and Changed Cond ions {Apr 1984) 52.245-2 Government Property Install tion Operation Services (Apr 2012) 52.242-13 Bankruptcy (July 1995) 52.236-26 Preconstruction Conferenc (Feb 1995) 52.232-40 Providing Accelerated Pay ents to Small Business Subcontractors (Dec 2013) 52.223-2 Affirmative Procurement of iobased Products Under Service and Construction Contracts (Sep 2013) 52.223-15 Energy Efficiency in Ener -Consuming Products (Dec 2007) 52.215-21 Alt IV Requirements for C st or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications (Oct 2010)- Alt mate IV (Oct 2010) 52.215-2 Audit and Records- Negoti ion (Oct 2010) 52.209-9 Updates of Publicly Availab e Information Regarding Responsibility Matters (Jul2013) 52.204-13 System for Award Manage ent Maintenance (Jul2013) 52.203-17 Contractor Employee Whi leblower Rights and Requirement To Inform Employees of Whist1erb1ower Rights (Sep 2013)

Attachments Solicitation Provisions .................................................................................. , IFBP02021400007 Page 4 of 35

52.216-1 Type of Contract (Apr 1984) 52.222-5 Davis-Bacon Act-- Seconda Site of the Work (July 2005) 52.222-23 Notice of Requirement for A 1rmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 2852.233-70 Protests Filed Directly wit the Department of Justice (Jan 1998) 52.232-39 Unenforceability ofUnautho ized Obligations (Jun 2013)

Representations and Certifications

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Section 2 -Commodity or Services Schedule

THIS PROJECT WILL BE COMPLETED IN ACCORDANCE IJ~ITH THE STATEMENT OF WORK/ SPECIFICATIONS. THE CONTRACTOR MUST FURNISH THE APPROPRIATE BID ERFORMANCE, AND PAYMENT BOND. THE SPECIFICATIONS, AND

BOND FORMS CAN BE FOUND IN THE ATTACHMENTS.

ITEM NO.

SCHEDULE OJ SUPPLIES/SERVICES

CON INUATION SHEET

SUPPLIES/SERVICES

REPLACING OF HOT WATER BOILER PUMPS AT MD

BROOKLYN EAST BUILDING 100 29TH ST. BROOKLY~ NY

11232

QUANTITY

1.000000

UNIT UNIT PRICE

EA $. ___ _

AMOUNT

THE SUCCESSFUL CONTRACTOR SHALL BE RESPONSI LEFOR ALL FEDERAL, STATE, AND LOCAL TAXES. NO TAX

EXEMPTION CERTIFICATE WILL BE ISSUED BY THE FED~RAL BUREAU OF PRISONS.

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Section 3 • Special Contract Requirements

Clauses By Full Text

F A0-000 1 BONDS

(a) Bid Guarantee. Each bidder shall submit with his bid a B d Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided n 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 ex pressed in dollars and cents. A bid bond is not required forb ds of $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after a~ard the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties af:ceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The p nal sums of such bonds will be as follows: (Not required for contracts of $150,000.00 or less)

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

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

( 1) A Payment Bond;

(2) A Certificate of Deposit

(d) Individual Sureties.

(1) Bidders may elect to furnish individual surety bonds. If ndividual surety bonds are furnished for bid bonds, payment or perform ance 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 n ethod of proof is to have a statement of net worth prepared by a Certified Public Accountant (CPA) in accordance with Generally Ac epted Accounting Principles (GAAP). Statements from a CPA that con tain disclaimers are not acceptable. The statement of net we rth 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 prov de complete and detailed information in Block 9 of Standard Form 28 con cerning 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 con racting office. Failure to provide the proof and information required may result in rejection of the bid or termination of the contract £ r failure to provide adequate bonds.

F A0-0002 Magnitude

The magnitude of this project is between $25,000.00 and $1()0,000.00.

F A0-0003 Size Standard

The small business size standard is $14 million average an ual receipts for an offeror's preceeding three fiscal years. The North Amer ican Industrial Classification System (NAICS) code for thi acquisition is 238220.

F A0-0004 Liquidated Damages

Liquidated damages in the amount of $426.52 shall be assessed for each day of delay (see Clause 52.211-12, Liquidated Damages Construction).

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F A0-0005 Required Insurance

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

(a) The contractor shaH, at his own expense, provide and maibtain during the entire performance of this contract at least the kinds and minimum amounts of insurance required in the Schedule or ~sew here in the contract.

TYPE AMOUNT

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(1) WORKERS COMPENSATION & EMPLOYER'S

LIABILITY $100,000.00

The required Workmen's Compensation Insurance shaH extepd to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $1 OO,OQO.OO.

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

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Per accident or occurrence for bodily injury $500,~0.00

This insurance shaH include contractor's protective and cont~actualliability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with ~he foHowing 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 contr~· tor shaH certify to the Contracting Officer in writing that the required in surance has been obtained. The policies evidencing require insurance shaH contain an endorsement to the effect that any canceHation or any material change adversely affecting the Government' interest shaH not be effective (1) for such period as the Jaws of the State in which this contract is to be performed, or (2) until 30 dayt> after insurer or the contractor gives written notice to the Contracting Of-ficer, whichever period is longer. 1

( c ) The contractor shaH insert the substance of this clause, jncluding this paragraph c, in subcontracts under this contract that require work on a Government Institution and shaH require subcont~actors to provide and maintain insurance required in the Schedule or else where in the contract. The contractor shaH maintain a copy bf aH subcontractor's proofs of required insurance, and shaH make copies available to the Contracting Officer upon request. 1

F A0-0006 Contractor Use of Premises

Work Hours

The project schedule is based on a normal forty (40) hour work week, eight (8) hours per day, Monday through Friday,excluding Fed eral holidays. The Contracting Officer's Representative (CoR) shaH 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 ap provalof the Contracting Officer.

NOTE:Access to the site wiH be available during normal w~rking hours except during emergencies. It shaH be the responsibility of the Contractor to familiarize himself, his employees, and his s bcontractors of the working hours and conditions in the correctional facil ity, as working hours may not constitute a fuH eight hour d y. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to instituti~al emergencies or entry and/or exit of workers necessitated by normal in stitution routines. The procedures and institutional entrancq/exit routines applicable to this project wiH be explained at both the pre-bid conference/site visit and the pre-construction meeting. ·

Contraband

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The Contractor shall inform his employees that intoxicating [beverages, drugs, weapons, etc.,will not be allowed on the site. Introduc tion of contraband shall be subject to the penalties prescribe~ by Title 18 USC-1791.

Explosives

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

Parkin~ and Temporazy Office i

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

Safety and Accident Prevention

In performing work under this contract the contractor shall: , {a) Conform to the specific safety requirements established py 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 per sonnelperforming or in any way coming in contact with the !Performance of this contract;and

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

F A0-0007 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, incl~ding tool control, fraternization, conduct, dining facilities, review of the contract documents, etc. Minutes of this conference will be !IDade, covering all items discussed, with a copy distributed to the contract or.

{b) The Contractor shall familiarize himself/herself with all1procedures involved in normal institution routines. Any requirements which may constitute a problem or result in conflict, will bd brought to the attention of the Contracting Officer or his representative for determination.

(c) The site visit will be conducted on April 17, 2014 at 1 ~:OOam MDC Brooklyn 1

Facilities Conference Room 100 29th St.

Brooklyn, NY 11232-1502

F A0-0008 Material Approval Submittal

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

F A0-0009 Inspecting The Site

The site is located at:

Metropolitan Dentention Center-Brooklyn 80th 29th St. East Building Brooklyn, NY 11232

FA0-0010 CONTRACT SECURITY{3000-03 HUMAN MSOURCE MANAGEMENT MANUEL)

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

National Crime Information Center (NCIC) Check Name Check

IFBP02021400007

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

Please sumbit all NCIC background check paper work to Rqbin Williams Contracting Officer Representative at his email r6williams@bop.gov or if you have problermsi submitting by email, call him at 718-840-4200 x5182.

FA0-0011 REQUEST FOR FINAL INSPECTIONS

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The Contractor shall give the Project Representative at leas~ I 0 days advanced written notice of the date on which the work will be fully completed and ready for final inspection.

FA0-0012 ASSIGNMENT OF CONTRACT ADMINISTf0TION OFFICE AND FUNCTIONS

Pursuant to FAR 42.201 and 42.202, the assigned Contract ~dministration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perfo~ all of the contract administration functions listed in FAR 42.302{a) and 42.302(b) to the extent that those functions apply to the con~ract.

FA0-0013 SCHEDULE OF V ALUES,PROGESS PA YM):<:NTS, CONSTRUCT CLOSEOUT PROCEDURES( FOR CONTRACTS

$150,000.00 OR LESS) '

The Contractor shall prepare a Schedule ofValues(SOV) fqr the project and submit to the Contracting Officer for approval prior to submitting the first application for payment. The SOY shal~ be correlated with the construction schedule. The SOY shall be formatted per the Construction Specification Institute Master Format $tructure. The Contractor may propose an alternate organizational format to the Contracting Officer for approval.

(A) The Schedule of Values shall include:

1. Project name, location, and contract number,

2. C0ntractor&#39;s name and address;

3. Date ofsubmittal.

(B) The SOY shall be arranged in atabular form with seper~te columns to indicate the following for each item listed:

1. Description of Work or Material;

2. Related specifications section, if applicable,

3. Name of subcontractor, if applicable;

4. Name of manufacturer or fabricator, if applicable;

5. Name of Supplier, if applicable,

6. Change orders(modifications) that have affected vah.\e, if Applicable;

7. Dollar Value;

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

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

(D) SOY amounts shall be rounded to the nearest whole d~lar. 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 on monthly basis in conjunction with the prepmhtion of each monthly application for payment. The progressed value per centages shall directly correlate to the calculated total amovnt due for each monthly progress payment.

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

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:

(1) FBOP: Administrative Contracting Officer, Contracting Officer&#39;s Representative (COR), Facility Administrator/Manager, IFBP02021400007 Page 10 of 35

Architect/Engineer (if applicable), Other Personnel (Executi)I!e Staff, Captain, Safety Manager, etc.).

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

(b )The meeting should include, but is not limited to issues ~s:

Administrative Contracting Officer:

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

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

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

(4) Status of modification proposal requests;

(5) Discuss new business.

COR:

( 1) Status of escort coverage;

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

(3) Discuss other delays contractor may be experiencing;

( 4) Discuss performance/quality issues

Contractor:

(1) Review/discuss updated progress schedule;

(2) Provide 30 day outlook;

(3) Discuss other issues affecting performance.

CONTRACT CLOSEOUT PROCEDURES( FOR CONSTlWCTION $150.000.00 OR LESS)

Contract Closeout must be completed within six (6) month~ of physical completion of work

Prior to payment of final invoice the contractor shall submi~ ithe following documents:

(1) Guarantees and warranties;

(2) All operation/maintenance manuals;

(3) Consent of Surety to Final Payment (AlA Document G?07), if the contractor furnished a bond;

(4) Release of Claims (GSA Form 1142);

(5) Evidence of no pending labor disputes;

(6) As-built drawings/shop drawings, (if applicable);

(7) Contractor's final invoice.

AlA forms can be obtained from The American Institute of! Architects at www.aiabookstore.com. GSA forms can be obtained from the

General Services Administration at www.gsa.gov (click on tile "Forms Library" link).

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FA0-0014 PAYMENT SERVICES

{a) Application for payments in original and 3 copies shall b~ prepared on AlA (American Institute of Architects) Form G-702 "Applic ation and Certificate for Payment" and submitted to the Contjracting Officer. The Contractor may use another form; however, it shall contain similar information within the AlA Form G-702. ·

(b) All small business contractors are required to self certify 1on all invoices and their small business status. 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. ·

FA0-0015 Equitable Adjustments: Waiver and Release of claims

{a) When the Contractor, after receipt of notification of a c~ge 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 in clude all types of adjustments in the total amounts to which ~hat clause entitles the Contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (i) any adjustments to which it otherwise might be entitled under the aforesaid clause where such claim fails to request such adjustment, and (ii) any increase in the amount of equitable adjustments additional to those requested in its claim.

{b) Further, the Contractor agrees that, if required by the Co~tracting Officer, it will execute a release, in form and substance satisfact ory to the Contracting Officer, as part of the supplement agrfement setting forth the aforesaid adjustment, and that such release shall discharge the Government, it&#39;s officers, agents, and employees, from further claims, including but not limited, to further claims arising out of delays or disruptions or both caused by the aforesaid change.

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (BI) proc(j:ss begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed some~me during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate \\iith the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each ~isk level:

• High Risk- Background Investigation (5 year scope)

• Moderate Risk- Limited Background lnvestigatio~ (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries ~NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, ifrequired;3

4) Waiver request memorandum, including both the Office vfPersonnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 1 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days ofOPM's schedf!ling date, the badge can be issued based on a favorable review of theSe curity Questionnaire and the Federal Bureau oflnvestigatiop. Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is c(lmpleted and favorably adjudicated. If the Bl results so justify, badges is sued under these procedures will be suspended or revoked. ,

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1 a. and 1 b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

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c. Favorable credit report, ifrequired;5 and

d. Waiver request memorandum indicating both the position;sensitivity/risk level and the duration of the appointment. The commen surate BI does not need to be initiated.

A badge may be issued following approval of the above waiyer requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term ~ontractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identit)i proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second tequest is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered ;hong-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as th~se contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per we~k, regardless of the duration of the required intermittent access. For ex ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow t'* Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memqranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract or, the same pre-employment background investigation waiyer requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted aqcess, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and mui;t be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted aq;:ess, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor V~ill need to be re-approved each year.

4. An individual transferring from another department or ag¢ncy shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains undhanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/!fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors h~ving access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance ~o all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above leivel 1, a favorable review of a credit check is required as part of the pre appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance N~C Report, a Code" 3" must be placed in block" B "of the" Agency Use Only " section of the investigative form. This report is avai!ftble for all case types.

5.For contractors in position sensitivity/risk levels above !eye! I, a favorable review of a credit check is required as part of the pre-appointment waiver package. '

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQWREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission iof an offer/bid/quote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serv~ng overseas.

If the individual is not a U.S. citizen, they must be from a cpuntry allied with the U.S. The following website provides current inform ation regarding allied countries: http://www.opm.gov/emplpy!html/citizen.htm By signing this contract or commitment document, or by cqmmencing performance, the contractor agrees to this restriction.

[End of Clause]

IFBP02021400007 Page 13 of 35

Section 4 - Contract Clauses

Clauses By Reference omputer Generated Forms (Jan 1991) ermination for Convenience of the Government (Fixed-Price) (May 2004 )-Alternate I (Sept 1996) efault (Fixed-Price Construction) (Apr 1984) alue Engineering-- Construction (O~T 2010) arranty of Construction (Mar 1994 )~Alternate I (Apr 1984)

Inspection of Construction (Aug 1996) ubcontracts for Commercial Items (DEC 2010) uspension of Work (Apr 1984) rotection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) uperintendence by the Contractor (Apr 1984) aterial and Workmanship (Apr 1984) ite Investigation and Conditions Affecting the Work (Apr 1984) pecifications and Drawings for Con~truction (Feb 1997)- Alternate I (Apr 1984) iffering Site Conditions (Apr 1984) ayout of Work (Apr 1984) chedules for Construction Contrac~ (Apr 1984) vailability and Use of Utility Servic~s (APR 1984) The government will furnish electricity, water and sewer.

' ccident Prevention (Nov 1991 )-Alternate I (Nov 1991) se and Possession Prior to Compl~tion (Apr 1984)

IFBP02021400007 Page 14 of 35 vlause Title

52.236-10 Operations and Storage Areas (Apr 1984)

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

52.233-3 Protest after Award (Aug 1996)

~2.233-1 Alt I Disputes (July 2002)- Alternate I (Deq 1991)

52.232-5 Payments under Fixed-Price Constru$tion Contracts (Sept 2002)

52.232-33 !Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

52.232-27 Prompt Payment for Construction Contracts (Oct 2008)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-17 Interest (OCT 2010)

~2.229-3 Federal, State and Local Taxes (Apr 2003)

~2.228-5 Insurance -Work on a Government Installation (Jan 1997)

~2.228-2 ~dditional Bond Security (Oct 1997)

152.228-15 Performance and Payment Bonds--Construction (OCT 2010)

~2.228-14 Irrevocable Letter of Credit (Dec 1999)

~2.228-12 !Prospective Subcontractor Requests,for Bonds (Oct 1995)

~2.228-11 Pledges of Assets (Sep 2009)

152.227-4 Patent Indemnity--Construction Cont~acts (Dec 2007)

~2.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

~2.227-1 ~uthorization and Consent (Dec 2001)

~2.225-13 ~estrictions on Certain Foreign Purclllases (June 2008)

152.223-6 prug Free Workplace (May 2001)

~2.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

~2.222-9 f.pprentices and Trainees (July 2005~

52.222-8 Payrolls and Basic Records (June 2010)

152.222-7 ~ithholding of Funds (Feb 1988) p2.222-6 Davis Bacon Act (July 2005)

52.222-54 .:;;mployment Eligibility Verification (Jl!n 2009)

52.222-50 ~ombating Trafficking in Persons (F$b 2009)

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

52.222-4 Contract Work Hours and Safety Standards Act- Overtime Compensation (July 2005)

52.222-37 Employment Reports Veterans (Sep ;201 0)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 201 0)

IFBP02021400007 Page 15 of 35 vlause Title

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-3 Convict Labor (June 2003)

52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-21 Prohibition of Segregated Facilities (F~b 1999)

52.222-15 Certification of Eligibility (Feb 1988)

52.222-14 Disputes Concerning Labor Standard$ (Feb 1988)

52.222-13 Compliance with Davis-Bacon and R!!lated Act Regulations (Feb 1988)

52.222-12 Contract Termination-Debarment (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

::>2.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-6 Notice of Total Small Business Set-A1>ide (NOV 2011)

~2.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009)

~2.219-14 imitations on Subcontracting (NOV 2011)

52.214-28 Subcontractor Certified Cost or Pricil)g Data-Modifications--Sealed Bidding (Oct 201 0)

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data--Modifications--Sealed Bidding (Aug 2011)

~2.214-26 ~udit and Records--Sealed Bidding (pet 2010)

~2.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended or

Proposed Debarment (DEC 2010)

~2.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

~2.204-7 ~entral Contractor Registration (Apr !2008)

~2.204-4 Printed or Copied Double-Sided on fl>ostconsumer Fiber Content Paper (May 2011)

~2.204-2 Alt II ~ecurity Requirements (Aug 1996) -,Alternate II (Apr 1984)

~2.204-10 ~eporting Executive Compensation and First-Tier Subcontract Awards (Jul 201 0)

~2.203-8 ~ancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

~2.203-7 f.nti-Kickback Procedures (OCT 201!0) p2.203-6 ~estrictions On Subcontractor Sales To The Government (Sept 2006)

~2.203-5 Covenant Against Contingent Fees (Apr 1984) p2.203-3 pratuities (Apr 1984) p2.203-12 Limitation On Payments To Influence Certain Federal Transactions (OCT 2010)

IFBP02021400007 Page 16 of 35

~..,Jause rritle

~2.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

~2.202-1 pefinitions (July 2004)

Clauses By Full rrext

52.21-603-70 CONTRACTING OFFICER REPRESENTATIVE(COR) (JUNE 2012)

{A.) Mr. Robin Williams, Chief of Utilities, MDC Brooklyn, New York, is hereby designated as the Contracting Officer&#39;s Representative( COR) under this contract. He can be contacted at 718-840-4200 x5182.

(B.) The COR is responsible, as applicable, for: receiving alJ deverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions oft is contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying alJ invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within ten(lO) calendar days after the date the Contractor receives the notice to proceed,(b) prosecute the work dilige(ltly, and (c) complete the entire work ready for use not later than 100 cal endar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

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 $426.52 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 com pleted. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.222-23 NOTICE REQUIREMENT FOR AFFIRMATI:VE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

(A) The offeror's attention is called to the Equal Opporutnizy clause and the Affirmative Action Compliance Requirments for Con struction clause ofthis Solicitation.

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

Goals for Minority Participation for Each Trade

The folJowing goal ranges are applicable to the indicated tra es in the counties of Bronx, Kings, New York, Queens, and Richmond.

i l ·ll

' l l l l l I I l j l ' l ,f J l l i j l l I J I

I

I l J I l

Electricians 9.0 to 10.2

Carpenters 27.6 to 32.0

Steam fitters 12.2 to 13.5

Metal lathers 24.6 to 25.6

Painters 28.6 to 26.0

Operating Engineers 25.6 to 26.0

Plumbers 12.0 to 14.5

Iron workers (struct) 25.9 to 32.0

Elevator constructors 5.5 to 6.5

Bricklayers 13.4 to 15.5

Asbestos workers 22.8 to 28.0

Roofers 6.3 to 7.5

Iron workers (ornamental) 22.4 to 23.0

Cement masons

Glaziers

Plasterers

Teamsters

Boilermakers

All others

23.0 to 27.0

16.0 to 20.0

15.8 to 18.0

22.0 to 22.5

13.0 to 15.5

16.4 to 17.5

52.225-9 Buy American Act- Construction Materials (Seg 2010)

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

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

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

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

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

IFBP02021400007 Page 17 of 35

(iii) Offered to the Government, under a contract or subco11tract 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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also inclides an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as iemergency lighting, fire alarm, and audio evacuation systems, that are dis crete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and dis tinct construction material regardless of when or how the individual parts or components of those systems are delivered to the con struction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

IFBP02021400007 Page 18 of 35

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transporta tion costs as described in paragraph (1) of this definition, pl~s 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 compon ents. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material.

In accordance with 41 U.S.C. 431, the component test ofth¢ Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

(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 ofthe Buy American Act is unreasonab'Ie when the cost of such material exceeds the cost offoreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or incon sistent 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 Act.

(1 )(i) Any Contractor request to use foreign construction rrJiiterial in accordance with paragraph (b )(3) of this clause shall include ad equate information for Government evaluation of the requt!fSt, 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;

IFBP02021400007 Page 19 of 35

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use ofthe foreign con struction material. However, when the basis for the exceptioo is the unreasonable price of a domestic construction material, adequate consideration is not Jess than the differential established in paragraph (b)(3)(i) of this clause.

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting da~ based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERlALS PRICE…