IFB_Construction_Brooklyn.pdf

MDCBRO OK~YN IFBP02021400007 Page 1 of29

SOLICITATION,OFFER,

1. SOLICITATION Nq>. 2. TYPE OF SOLICITATION 3. DATE ISSUED

AND AWARD (j SEALED BID (IFB) (Construction, Alteration, or Repair) NEGOTIATED (RFP)

IFBP02021400001 04/07/2014

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

4. CONTRACT NO. 5. REQUISITIONIPU~CHASE REQUEST NO. 16. PROJECT NO.

2A8B

7.1SSUED BY CODE BFTD 8. ADDRESS OFFER TO

Federal Bureau of Prisons KEVIN HINDUS Federal Bureau of Prisons KEVIN HINDUS

FCI Fort Dix (0} 609-723-1100 ~513( FCI Fort Dix (0) 6097231100 X5130

NE FINANCE CENTER KBINDUS@BOP. OV

NE FINANCE CENTER KBINDUS@BOP.GOV

BLDG 5756 HARTFORD ROAD BLDG 5756 HARTFORD ROAD

FORT DIX, NJ 08640 i FORT DIX, NJ 08640

9. FOR INFORMATION CALL:' a. NAME i I 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 alendar days nd complete it within 100 calendar days after receiving

Oaward. ~notice to proceed. This performance period is ~ man1atory 0 negotiable. (See FAR 52 211-10.)

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

12b).

o~ ~NO .

13. ADDITIONAL SOLICITATION REQUIREMENTS

2b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work requirfd are due at the place specified in item 8 by 13:00 (hour) local time 04/23/2014 (date). If this is a sealed bid solicitation, offers w~l be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offero~s name and address, the solicitation number, ~nd the date and time offers are due.

b. An offer guarantee 12[] is, Dis not required.

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

d. Offers providing less than _6_0 ___ .calendar days for Government a~eptance 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 .e fully completed by offeror)

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

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

CODE FACILITY CODE l

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

AMOUNTS

18. The offeror agrees to furnish any required performance and pa · ment bonds.

19.ACKNOW EDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

AWARD {To 4e completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. A COUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

27 25.0HER THAN FULL AND OPEN COMPEH[f PURSUANT TO

(4 copies unless otherwise specified} 10 U.S.C. 2304(c) () 41 U.S.C. 253(c) ()

26. ADMINISTERED BY I BFTD 27. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons Federal Bureau of Prisons FCI Fort Dix !

FCI Fort Dix

PO BOX 38 PO BOX 38

FORT DIX, NJ 08640

FORT DIX, NJ 08640

CONTRACTING OFFICER ~ LL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED -rp SIGN 31a. NAME OF CONTRACTING OFFICER (Type or print) ~ew~ i

Kevin Bindus

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

BY

STANDARD FORM 1442 (REV. 4-85)BACK

I i t

.l i j J

SWi.!m

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Ta~le of Contents

Description

Solicitation, Offer and Award .................... ;

~;:~~~i~t~:c~e~~~isr~~~~~:~~-::::::::::::::)::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1

FA0-0001 BONDS .............................. ;

FA0-0002 Magnitude .......................... ;

FA0-0003 Size Standard ...................... ~ FA0-0004 Liquidated Damages .......... ~ FA0-0005 Required Insurance ............ i- FA0-0006 Contractor Use of Premises;

F A0-0007 Pre-Construction Conferen~e F A0-0008 Material Approval Submitt.l FA0-0009 Inspecting The Site ............. ~

FA0-0010 CONTRACT SECURITY($000-03 HUMAN RESOURCE MANAGEMENT

MANUEL) ........................................... .i

~1g:~~~~ ~g~~~:~: 6~Nc~~IT~P~~~g~~isrR:ArioN.oFFicii.Atio .. i<.liNciioNs::::::: ~

FA0-0013 SCHEDULE OF VALUES PROGESS PAYMENTS, CONSTRUCT CLOSEOUT

PROCEDURES( FOR CONTRACTS 150,000.00 OR LESS)

FA0-0014 PA~MENT ~ERVICE_S ... j-_. .................................... _ FA0-0015 Eqmtable Adjustments. W~1ver and Release ofCla1ms 52.24-403-70 Notice of Contractor Pe~onnel Security Requirements (OCT 2005) .............................. 1 0 52.27-103-72 DOJ CONTRACTOR RpSIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) .................................................... ;

Contract Clauses ....................................... 1 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 15

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

52.211-10 Commencement, Prosecutidn, and Cpmpletion of Work (Apr 1984) 52.211-12 Liquidated Damages--Construction( Sept 2000)

52.222-23 NOTICE REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-9 Buy American Act- Construction Materials (Sep 2010) 2852.223-70 Unsafe Conditions Due tr the Presence of Hazardous Materials (JAR 2852.223-70) (June 1996) .................................................. J ................................................................................................... l8

52.242.1502 EVALUATION OF CO, f TRACTOR PERFORMANCE UTILIZING CP ARS (April

;~ .121ii~ 18. E-~~~~;~~i~~- ·c:~~i;~~i~; ·p~~-;~;~~. i ~ ·i3~~ ·_1:~~1· M~~~~~i~~ .\Vh.ii~· ·6~i~i~~. (A~~- 2o"i .i ). :::::::: ~ ~ 52.24-403-70 Notice of Contractor Pe sonnet Secunty Reqmrements (OCT 2005) 52.204-1 Approval of Contract (Dec 1 89) 52.204-12 Data Universal Numbering System Number Maintenance (Dec 2012) 52.211-13 Time Extensions (Sept 200 ) 52.214-29 Order ofPrecedence- Seal¢d Bidding (Jan 1986) 52.215-12 Subcontractor Certified Co$t or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Co~t or Pricing Data- Modifications (Oct 201 0) 52.224-1 P~ivacy Act Notification (A1r 1984)

52.233-1 D1sputes (July 2002) ···········~·:·································································································22 52.243-5 Changes and Changed Cond twns (Apr 1984) 52.245-2 Government Property Instal tion Operation Services (Apr 2012)

Attachments ............................................. 1 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 25 S I. . . p . . i 29

0 !Citation rOVIS!OnS .......................... ··~' 52.216-1 Type of Contract (Apr 1984 52.222-5 Davis-Bacon Act-- Second ry Site of the Work (July 2005) 52.222-23 Notice of Requirement for ffirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) ..................... [ 2852.233-70 Protests Filed Directly 4ith the Department of Justice (Jan 1998)

Representations and Certifications ...........•

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Section 2 - Commodity or Services Schedule

THIS PROJECT WILL BE COMPLETED IN ACCORDANCE jNITH THE STATEMENT OF WORK/ SPECIFICATIONS. THE CONTRACTOR MUST FURNISH THE APPROPRIATE BIDIPERFORMANCE, AND PAYMENT BOND.THE SPECIFICATIONS, AND

BOND FORMS CAN BE FOUND IN THE ATTACHMENTS.

ITEM NO.

SCHEDULE Of SUPPLIES/SERVICES CONh"INUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

REPLACING OF HOT WATER BOILER PUMPS AT M~ 1.000000 EA

BROOKLYN EAST BUILDING 100 29TH ST. BROOKL N NY

11232

UNIT PRICE AMOUNT

THE SUCCESSFUL CONTRACTOR SHALL BE RESPONSIJ3LE FOR ALL FEDERAL, STATE, AND LOCAL TAXES. NO TAX EXEMPTION CERTIFICATE WILL BE ISSUED BY THE FEqERAL 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 ~id Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided lin 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 for bids of $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after !'(ward the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties ~cceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The Pfnal 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 bon<ij; at the time of contract award shall be 100 percent of the original contract {2) Payment Bond: The penal amount of payment bonds at tfle time of contract award shall be 100 percent of the original contract price.

( c ) For construction contracts greater than $30,000 but not 1greater 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 Individual surety bonds are furnished for bid bonds, payment or perform ance bonds, the individual sureties must submit their bonds ~roof of ownership and value of the assets which they claim in their net worth at time ofbid opening. The Government's preferred$' 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 w h on the Standard Form 28, Affidavit oflndividual Surety, is insufficient and will not be accepted without additional proof of value apd ownership.

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

F A0-0002 Magnitude

The magnitude of this project is between $25,000.00 and $j100,000.00.

F A0-0003 Size Standard

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

F A0-0004 Liquidated Damages

Liquidated damages in the amount of $426.52 shall be asse~sed 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 Inst~llation.

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

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S

LIABILITY $100,000.00

The required Workmen's Compensation Insurance shall extt1nd to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $1 oo,opo.oo.

(2) COMPREHENSIVE GENERAL LIABILITY with a mirimum 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 withithe 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 in surance 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 (I) 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 Of ficer, whichever period is longer.

( c ) The contractor shall insert the substance of this clause, 1including 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 else where in the contract. The contractor shall maintain a copy pf all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request. i

I

F A0-0006 Contractor Use of Premises

Work Hours

The project schedule is based on a normal forty (40) hour $.'ork week, eight (8) hours per day, Monday through Friday,excluding Fed eral holidays. The Contracting Officer's Representative (CO ) shall establish the work hour time frames for the duration of the project,subject to the approval of the Contracting Officer. ork hours and work days may be altered only with a 48 hour advance ap-provalof the Contracting Officer. •

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

Contraband

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The Contractor shall inform his employees that intoxicating everages, 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 writte authorization from the Contracting Officer.

Parkin~ and Tempormy Office

Parking will be available at the site to the extent it does not i terfere with construction activities. Otherwise, parking shall be provided for by the Contractor,at his expense, off the site for workme 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 y this contract;

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

(c) Take all reasonable steps and precautions to prevent acci ents and preserve the life and health of contractor and Government per sonnelperforming or in any way coming in contact with the erformance of this contract;and

(d) Take such additional immediate precautions as the Contracting Officer 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 cons ruction, at the institution, between institution officials and the Contractor's representative to discuss general rules and regulations, incl ing tool control, fraternization, conduct, dining facilities, review of the contract documents, etc. Minutes of this conference will be ade, covering all items discussed, with a copy distributed to the contract or.

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

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 orkmanship clause, shall be submitted by the contractor using the forms furnished at the Preconstruction Conference.

FA0-0009 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 SOURCE MANAGEMENT MANUEL)

The following security measures will be applied to all cont act 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, nd Appropriate Resume or Optional Application Completion of the Contract Pre-employment Form Release of Information

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FA0-0011 REQUEST FOR FINAL INSPECTIONS

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.

FA0-0012 ASSIGNMENT OF CONTRACT ADMINIST TION 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 act.

FA0-00 13 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) fo the project and submit to the Contracting Officer for approval prior to submitting the first application for payment. The SOY shall e correlated with the construction schedule. The SOY shall be formatted per the Construction Specification Institute Master Formats ructure. 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 e 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 valu , if Applicable;

7. Dollar Value;

8. Percentage of Contract sum rounded to the nearest pe cent, adjusted to total 100 percent.

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

(D) SOY amounts shall be rounded to the nearest whole do Jar. The total of all SOY amounts shall equal the total contract amount.

(E) The contractor shall progress the percentage of complet on, with the concurrence of the Contracting Officer's Representative, for each value on monthly basis in conjunction with the prepar tion of each monthly application for payment. The progressed value per centages shall directly correlate to the calculated total amo nt due for each monthly progress payment.

(F) The SOY shall remain fixed for the duration of contrac 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 cond t 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 li

(1) FBOP: Administrative Contracting Officer, Contractin Officer&#39;s Representative (COR), Facility Administrator/Manager, Architect/Engineer (if applicable), Other Personnel (Execu ill!e Staff, Captain, Safety Manager, etc.).

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

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

Administrative Contracting Officer:

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

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

{3) Review of payments made to date and review/approve c rrent 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.

CONTRA T CLOSEOUT PROCEDURES F

Contract Closeout must be completed within six (6) months 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;

IFBP02021400007

(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.

Page 9 of29

AlA forms can be obtained from The American Institute o 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).

FA0-0014 PAYMENT SERVICES

(a) Application for payments in original and 3 copies shall e prepared on AlA (American Institute of Architects) Form G-702 "Applic ation and Certificate for Payment" and submitted to the Co tracting 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 certi on all invoices and their small business status. The Contractor shall give the Project Representative at least 10 days advanced writte notice of the date on which the work will be fully completed and ready

IFBP02021400007 Page 10 of 29 for final inspection.

FA0-0015 Equitable Adjustments: Waiver and Release of !aims

(a) When the Contractor, after receipt of notification of a c ange 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 c ange. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (i) any adjustments to whic it otherwise might be entitled under the aforesaid clause where such claim fails to request such adjustment, and (ii) any increase n 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 ag ement setting forth the aforesaid adjustment, and that such release shall discharge the Government, it&#39;s officers, agents, and e ployees, from further claims, including but not limited, to further claims arising out of delays or disruptions or both caused by the a£ resaid change.

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

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

l. Long-Term Contractor Personnel:

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

a. Contractor Personnel must present two forms of identific tion in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eli ibility 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 efore a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed some ime 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 ith 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 sco e)

• 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 posi ion 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 fPersonnel Management schedule date and position sensitivity/risk level;

and

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

A badge may be issued following approval of the above w ·ver requirements.

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

e. Badge re-validation will occur once the investigation is ompleted and favorably adjudicated. If the BI 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 havi months or fewer are subject to the identity proofing requir quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, ifrequired;5 and access to DOJ information systems and/or DOJ facilities or space for six ents listed in items la. and 1 b. above. The pre-appointment waiver re-

d. Waiver request memorandum indicating both the positio 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 w iver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-te contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV -1 identi proofing process.

For example, if a contractor employee requires daily acces for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a secon request is submitted for the same contractor employee within a twelve-

IFBP02021400007 Page 11 of 29 month period for the purpose of extending the initial contrac or for employment under a totally different contract for another three or four-week period, this contractor would now be considered " ong-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 requireme s 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 ime each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow th Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy mem randa that conveys the requirements for contractor facility escorted ac cess.

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

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

e. If an intermittent contractor is approved for unescorted ac ess, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor 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 meetin HSPD-12 and DOJ's BI requirements.

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

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/ Ips/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-1 identity proofing process, i eluding initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardles 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 le el 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, componen s 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 avail ble for all case types.

5.For contractors in position sensitivity/risk levels above le ell, 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 REQ REMENT BUREAU OF PRISONS (JUNE 2004)

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

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

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

3. been a dependent of a Federal or military employee serv· g overseas.

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

[End of Clause] l I l I l l I l

IFBP02021400007 Page 12 of29

Section 4 - Contract Clauses

Equipment, Utilities, and Improvements (Apr 1984)

(Feb 1997)- Alternate I (Apr 1984)

(APR 1984) The government will furnish electricity, water and sewer.

IFBP02021400007 Page 13 of 29

[9ause [Title

~2.236-10 pperations and Storage Areas (Apr 1 ~ 84)

~2.233-4 !Applicable Law for Breach of Contract ~!aim (Oct 2004)

152.233-3 Protest after Award (Aug 1996)

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

~2.232-5 Payments under Fixed-Price Construe ion Contracts (Sept 2002)

152.232-33 Payment by Electronic Funds Transfe --Central Contractor Registration (Oct 2003)

~2.232-27 Prompt Payment for Construction Cor racts (Oct 2008)

~2.232-23 Assignment Of Claims (Jan 1986)

152.232-17 Interest (OCT 2010)

152.229-3 ederal, State and Local Taxes (Apr 003)

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

~2.228-2 jAdditional Bond Security (Oct 1997)

152.228-15 Performance and Payment Bonds--C nstruction (OCT 201 0)

~2.228-14 Irrevocable Letter of Credit (Dec 199~)

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

~2.228-11 Pledges of Assets (Sep 2009)

152.227-4 Patent Indemnity--Construction Cant acts (Dec 2007)

~2.227-2 ~alice and Assistance Regarding Pa ent and Copyright Infringement (Dec 2007)

~2.227-1 !Authorization and Consent (Dec 200 )

152.225-13 ~estrictions on Certain Foreign Pure ases (June 2008)

152.223-6 prug Free Workplace (May 2001)

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

~2.222-9 !Apprentices and Trainees (July 2005

~2.222-8 Payrolls and Basic Records (June 2( 1 0)

52.222-7 ~ithholding of Funds (Feb 1988)

52.222-6 pavis Bacon Act (July 2005)

52.222-54 Employment Eligibility Verification (Jan 2009)

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

52.222-40 ~otification of Employee Rights Und~r the National Labor Relations Act (Dec 201 0)

52.222-4 Contract Work Hours and Safety St~ ndards Act- Overtime Compensation (July 2005)

~2.222-37 Employment Reports Veterans (Sep 201 0) p2.222-36 Affirmative Action for Workers with [ isabilities (OCT 2010)

IFBP02021400007 Page 1 4 of29 vlause rritle

~2.222-35 ~qual Opportunity for Veterans (Sep 010)

52.222-3 ~onvict Labor (June 2003)

52.222-27 fl\ffirmative Action Compliance Requi r ments for Construction (Feb 1999)

52.222-26 ~qual Opportunity (Mar 2007)

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

52.222-15 Certification of Eligibility (Feb 1988)

52.222-14 bisputes Concerning Labor Standard (Feb 1988)

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

~2.222-12 ~ontract Termination-Debarment (Fe 1988)

~2.222-11 ~ubcontracts (Labor Standards) (Jul 2005)

52.222-10 r:ompliance with Copeland Act Requ ements (Feb 1988)

152.222-1 Notice to the Government of Labor D sputes (Feb 1997)

~2.219-8 Utilization of Small Business Concerr s (JAN 2011)

~2.219-6 Notice of Total Small Business Set-A ide (NOV 2011)

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

~2.219-14 imitations on Subcontracting (NOV 011)

152.214-28 !subcontractor Certified Cost or Prici1 g Data--Modifications--Sealed Bidding (Oct 201 0)

~2.214-27 !Price Reduction for Defective Certifie d Cost or Pricing Data--Modifications--Sealed Bidding (Aug 2011)

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

152.209-6 !Protecting the Government's lnteres When Subcontracting With Contractors Debarred, Suspended or

Proposed Debarment (DEC 2010)

~2.204-9 Personal Identity Verification of Con actor Personnel (Jan 2011 ) p2.204-7 r:entral Contractor Registration (Apr 2008)

52.204-4 Printed or Copied Double-Sided on ostconsumer Fiber Content Paper (May 2011)

52.204-2 All II ~ecurity Requirements (Aug 1996)- Alternate II (Apr 1984)

52.204-10 Reporting Executive Compensation nd First-Tier Subcontract Awards (Jul 201 0)

~2.203-8 r:ancellation, Rescission, and Reco ery of Funds for Illegal or Improper Activity (Jan 1997)

~2.203-7 f\nti-Kickback Procedures (OCT 2010)

~2.203-6 Restrictions On Subcontractor Sale! To The Government (Sept 2006)

~2.203-5 ~ovenant Against Contingent Fees Apr 1984)

~2.203-3 pratuities (Apr 1984) p2.203-12 imitation On Payments To lnfluenc~ Certain Federal Transactions (OCT 2010)

IFBP02021400007 Page 15 of 29

~Ia use [Title

~2.203-10 Price Or Fee Adjustment For Illegal 0 Improper Activity (Jan 1997)

~2.202-1 !Definitions (July 2004)

Clauses By Full Text

52.21-603-70 CONTRACTING OFFICER REPRESENT A TIVE(COR) (JUNE 2012)

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

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

(C.) The COR does not have the authority to alter the contr ctor'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 Contracti g Officer shall issue such changes.

(End of clause)

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

The Contractor shall be required to (a) commence work un< er this contract within ten(lO) calendar days after the date the Contractor receives the notice to proceed,(b) prosecute the work dilige tly, 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 srated 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 calenda day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to p oceed, liquidated damages will continue to accrue until the work is com pleted. These liquidated damages are in addition to excess osts of repurchase under the Termination clause.

(End of clause)

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

FOR CONSTRUCTION (FEB 1999)

(A) The offeror's attention is called to the Equal OpporutnifY clause and the Affirmative Action Compliance Requirments for Con struction 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 fc llows:

Goals for Minority Participation for Each Trade

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

I

I I

I l i l i l i

I

IFBP02021400007 Page 16 of 29

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 23.0 to 27.0

Glaziers 16.0 to 20.0

Plasterers 15.8 to 18.0

Teamsters 22.0 to 22.5

Boilermakers 13.0 to 15.5

All others 16.4to 17.5

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

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

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

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

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

(ii) Sold in substantial quantities in the commercial market lace; and

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

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

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

"Cost of components" means--

IFBP02021400007 Page 17 of 29

( 1) For components purchased by the Contractor, the acquisi ·on cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid o 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 cost associated with the manufacture of the component, including transporta tion costs as described in paragraph (1) of this definition, plu allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the onstruction material.

"Domestic construction material means"--

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

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

(i) The cost of its components mined, produced, or manufac red 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 materi I other than a domestic construction material.

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

(b) Domestic preference.

(I) This clause implements the Buy American Act (41 U.S .. 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 techno!

ents listed by the Government as follows:

that is a commercial item or to the construction materials or compon-

(3) The Contracting Officer may add other foreign construe ion 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 unr asonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonab e when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American ct 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 m nufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy

(1){i) Any Contractor request to use foreign construction m terial in accordance with paragraph (b)(3) of this clause shall include ad equate information for Government evaluation of the reque t, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign clause.

(ii) A request based on unreasonable cost shall include a the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all duty-free certificate may be issued).

IFBP02021400007 Page 18 of 29 materials cited in accordance with paragraph (b)(3) of this le survey of the market and a completed price comparison table in costs to the construction site and any applicable duty (whether or not a

(iv) Any Contractor request for a determination submitted contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have It<1uested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting need not make a determination.

(2) If the Government determines after contract award that exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the 'm>tr<>~·tt'n '"Officer will modify the contract to allow use of the foreign con-struction material. However, when the basis for the price of a domestic construction material, adequate consideration is not less than the differential established in (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to compliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph the following information and any applicable supporting

FOREIGN AND DOMESTIC CONSTRUCTION MA

[List name, address, telephone number, and contact for

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any

(End of clause)

2852.223-70 Unsafe Conditions Due to the Presence of

Buy American Act applies, use of foreign construction material is non-

) of this clause based on unreasonable cost, the Contractor shall include based on the survey of suppliers:

surveyed. Attach copy of response; if oral, attach summary.] duty (whether or not a duty-free entry certificate is issued).]

(a) "Unsafe condition" as used in this clause means the or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No. 313, any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contract M<>niitO!f(CM) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related syrnP1ton1s and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are ence of, or suspected presence of, any unsafe condition in which they will be working.

to inspect for and report to the contracting officer or designee the pres asbestos or other hazardous materials or working conditions in areas

(d) If during the performance of the work under this COJ1tnlCt, the contractor or any of its…