IFBP04121400001.pdf

SOLICITATION NO. IFBP04121400001

REPLACE ELEVATOR BUILDING 2

FMC ROCHESTER

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

FIELD ACQUISITION OFFICE

GRAND PRAIRIE, TX 75051

ISSUE DATE: JANUARY 21, 2014

BID DUE DATE: FEBRUARY 27, 2014, by 2:00 P.M. CENTRAL

BIDS SHALL BE ADDRESSED TO:

FIELD ACQUISITION OFFICE

U.S ARMED FORCES RESERVE COMPLEX

346 MARINE FORCES DRIVE

GRAND PRAIRIE, TX 75051

ATTN: GREGORY FORMELLA

INSTRUCTIONS TO BIDDERS

BID SUBMISSION PROCEDURES

SOLICITATION/INVITATION FOR BIDS

IFBP04121400001

TITLE: FMC ROCHESTER

REPLACE ELEVATOR BUILDING 2

DEADLINE FOR FEBRUARY 27, 2014

RECEIPT OF BIDS: 2:00 P.M. CENTRAL

MAIL OFFERS TO:

FIELD ACQUISITION OFFICE

346 MARINE FORCES DRIVE

GRAND PRAIRIE, TX 75051

ATTN: GREGORY FORMELLA, CONTRACT SPECIALIST

(972)352-4307

NOTE: ANY OFFERORS DESIRING TO BE PRESENT DURING BID OPENING, OCCURING AT THE

FBOP FIELD ACQUISITION OFFICE IN GRAND PRAIRIE, TEXAS, MUST SUBMIT THE

NAME OF THE PERSON WHO WILL ATTEND NO LESS THAN 48 HOURS IN ADVANCE OF

THE DAY OF BID OPENING. VISITORS WILL BE REQUIRED TO PRESENT

IDENTIFICATION AT THE SECURITY CHECK POINT AND TO THE OFFICIAL

CONDUCTING THE BID OPENING.

AN ABSTRACT OF THE BIDS RECEIVED WILL BE POSTED TO THE FedBizOpps

WEBSITE AFTER THE BID OPENING. THEREFORE, ATTENDANCE MERELY FOR THIS

PURPOSE IS NOT NECESSARY.

***********************************IMPORTANT**********************************

CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT

WWW.SAM.GOV.

1. Each offeror SHALL complete and submit the following forms, clauses, and statements with his/her offer (1 original, ink signature copy).

Failure to furnish all required information or any rejection of or addition to the terms and conditions of the solicitation may cause your offer to be considered as non-responsive and ineligible for award.

*SUBMIT PAGES 1, 2, 4, 29, 30, 31 and 32 OF THE SOLICITATION DOCUMENT*

A. SECTION 1:

Standard Form-1442 – Solicitation, Offer, and Award, pages 1 & 2

COMPLETE BLOCKS 14 THRU 20C (remember to include the signer’s title in block 20a). IF YOUR COMPANY HAS A “DOING BUSINESS AS”

NAME REFLECTED IN YOUR SAM REGISTRATION, INCLUDE THIS NAME AS WELL

IN BLOCK 14. ENSURE THE ADDRESS TYPED IN BLOCK 14 MATCHES THE

ADDRESS IN YOUR SAM REGISTRATION. BLOCKS 21 THRU 31C ARE TO BE

COMPLETED ONLY BY THE GOVERNMENT!

INCLUDE DUNS# AND TAX ID# WHERE INDICATED IN BLOCK 10.

B. SECTION 2:

Commodity or Services Schedule, page 4

COMPLETE THE UNIT PRICE (JB = JOB) AND AMOUNT BLOCKS (THESE

AMOUNTS WILL BE THE SAME).

NOTE: THE AMOUNTS LISTED IN THIS SECTION SHOULD BE THE SAME AS

THE AMOUNT LISTED IN BLOCK 17 OF THE STANDARD FORM-1442.

C. SECTION 5: Attachments, page 24.

1. SF-24 BID BOND

Reference Provision 52.228-1 and FAO-0001.

********************IMPORTANT*******************************

THE BID BOND MUST BE SUBMITTED IN ORIGINAL (INK SIGNATURES)

WITH SEALS.

ENSURE THAT THE SURETY INFORMATION MATCHES THE INFORMATION

FOR THE SURETY AS POSTED IN TREASURY CIRCULAR 570, AT THE

DEPARTMENT OF THE TREASURY WEBSITE,

http://www.fms.treas.gov/c570/c570.html

ENSURE THE LIABILITY LIMIT FOR THE SURETY (LOCATED AT THE

BOTTOM OF THE SF-24) IS EXPRESSED AS A DOLLAR AMOUNT (NOT A

PERCENTAGE). ENSURE THE LIABILITY LIMIT IS EITHER EQUAL TO

THE AMOUNT REFELCTED FOR THE SURETY IN TREASURY CIRCULAR 570

OR IS IN AN AMOUNT AT LEAST EQUAL TO THE PENAL SUM OF THE

BOND.

IN THE BID IDENTIFICATION SECTION, ENSURE THE BID DATE

REFLECTS THE CURRENT DATE THAT BIDS ARE DUE PER THE

SOLICITATION (REVIEW ALL AMENDMENTS, IF APPLICABLE, TO CHECK

FOR ANY BID DUE DATE EXTENSIONS).

ENSURE THE INFORMATION FOR THE PRINCIPAL MATCHES THE

INFORMATION AS POSTED IN YOUR SAM REGISTRATION (e.g. company name, address and any “doing business as” name if applicable).

D. SECTION 7:

Representations and Certifications, pages 29-33

1. FAR PROVISION 52.204-8

NOTE: PURSUANT TO SECTION (b)(1) OF THIS PROVISION, PROVISION 52.204-7 IS INCLUDED IN THIS SOLICITATION.

THEREFORE, BIDDERS SHOULD NOT MARK EITHER OF THE TWO CHECK-

BOXES UNDER SECTION (b)(2). LEAVE THESE BOXES UNMARKED.

2. FAO-0019 PROVISION

COMPLETE APPLICABLE PARAGRAPH IN ENTIRETY (MOST COMMONLY

PARAGRAPH (C)). ENSURE THE DATE OF THIS CERTIFICATION

MATCHES YOUR OFFER DATE (BLOCK 20c ON THE SF-1442).

E. AMENDMENTS, IF ANY, MUST BE ACKNOWLEDGED AND SUBMITTED WITH THE

OFFER BY ONE OF THE METHODS DESCRIBED IN ITEM ELEVEN OF THE

STANDARD FORM-30 (AMENDMENT OF SOLICITATION/MODIFICATION OF

CONTRACT).

*SUBMIT PAGES 1, 2, 4, 29, 30, 31 and 32 OF THE SOLICITATION DOCUMENT*

2. PRE-BID CONFERENCE:

********************************* IMPORTANT **********************************

A PRE-BID CONFERENCE/SITE VISIT IS SCHEDULED FOR

FEBRUARY 18, 2014 AT 9:00 A.M. CENTRAL, AT THE FEDERAL MEDICAL CENTER (FMC)

ROCHESTER, FRONT LOBBY/CONTROL CENTER, 2110 EAST CENTER STREET, ROCHESTER, MN

55904. THIS IS THE ONLY PRE-BID CONFERENCE/SITE VISIT SCHEDULED. THE PRE-BID

CONFERENCE/SITE VISIT IS NOT MANDATORY (SEE PROVISION 52.236-27 ALTERNATE I OF

THE SOLICITATION). HOWEVER, ALL BIDDERS ARE URGED TO ATTEND.

NCIC BACKGROUND CHECKS WILL BE REQUIRED FOR PARTICIPANTS ATTENDING THIS

CONFERENCE. THE AUTHORIZATION FOR RELEASE OF INFORMATION (FORM BP-A0660 NCIC

CHECK, ATTACHED) SHALL BE COMPLETED FOR EACH ATTENDEE AND SUBMITTED TO FMC

ROCHESTER NO LATER THAN 2:00 P.M. CENTRAL TIME ON

FEBRUARY 4, 2014, FAX TO SHAWN SALMONSON AT (507)424-7609. THE FAXED FORMS

MUST INCLUDE A COVER LETTER INDICATING THEY ARE FOR THE REPLACE ELEVATOR

BUILDING 2 PROJECT IN ADDITION TO THE FOLLOWING INFORMATION:

• COMPANY NAME AND LIST/NUMBER OF INDIVIDUALS FROM THE COMPANY WHO WILL BE

ATTENDING.

• PHONE NUMBER/POINT OF CONTACT FOR THE COMPANY FOR NOTIFICATION OF ANY

NCICs THAT ARE DENIED.

NOTE: THE FBOP IS PROHIBITED FROM DIVULGING ANY INFORMATION REGARDING ANY

REASONS FOR NCIC DENIALS. ONLY THE FACT THAT A PERSON HAS BEEN DENIED WILL BE

COMMUNICATED TO THE COMPANY POINT OF CONTACT.

PLEASE FOLLOW UP WITH SHAWN SALMONSON AT (507)424-7355 TO ENSURE RECEIPT OF

THE NCIC FORMS.

THE POINT OF CONTACT FOR THE PRE-BID CONFERENCE/SITE VISIT IS ANDREW BIANCO,

SUPERVISORY CONTRACT SPECIALIST, (507)424-7323, ABIANCO@BOP.GOV.

ANY QUESTIONS RELATING TO THE SOLICITATION AFTER THE CLOSING OF THE PRE-BID

CONFERENCE/SITE VISIT SHALL BE SENT TO GREGORY FORMELLA, CONTRACTING OFFICER,

VIA EMAIL AT GFORMELLA@BOP.GOV NO LATER THAN FEBRUARY 21, 2014 BY 3:00 P.M.

CENTRAL. IN ORDER TO PROVIDE SUFFICIENT RESPONSE TIME PRIOR TO THE BID DUE

DATE, THE GOVERNMENT IS ESTABLISHING THE ABOVE CUT OFF DATE FOR QUESTIONS

ABOUT THE SOLICITATION. ALL OFFERORS SHALL OFFER IN ACCORDANCE WITH THE

CURRENT SOLICITATION TO INCLUDE ALL AMENDMENTS (IF ANY) AS ISSUED BY THE

CONTRACTING OFFICER ONLY.

3. Each offeror is requested to submit the following information in accordance with the instructions:

A. Offer Label (see template below)

1. This label shall be completed and used on the envelope containing the offer. This envelope shall be placed inside of shipping boxes or envelopes supplied by couriers such as FedEx. Complete the information on the label and cut and paste or transfer it to the LOWER left corner of the envelope containing your offer (not on the courier envelope/packaging). Print or type your name and address in the UPPER left corner of the envelope containing your offer.

BID/OFFER

SOLICITATION NO.

DATE FOR RECEIPT OF BIDS/OFFERS

TIME FOR RECEIPT OF BIDS/OFFERS

OFFICE DESIGNATED TO RECEIVE BIDS/OFFERS

Federal Bureau of Prisons Field Acquisition Office 346 Marine Forces Drive Grand Prairie, TX 75051

CONTRACTING OFFICER NAME

Gregory Formella

IFBP04121400001 Page 1 of 33

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

X SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

01/21/2014

OMB Clearance Control Number :

1103-0018

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

4A6C

7. ISSUED BY CODE BFAO 8. ADDRESS OFFER TO

Field Acquisition Office Attn: Gregory Formella 346 Marine Forces Drive Grand Prairie, TX 75051

Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. FOR INFORMATION CALL: a. NAME

Gregory Formella

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS)

(972) 352-4307

SOLICITATION

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

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

The contractor receiving award shall provide all materials, labor, and equipment to Replace Elevator Building 2 at FMC Rochester in accordance with the requirements of solicitation IFBP04121400001.

*INCLUDE THE FOLLOWING INFORMATION*

DUNS NUMBER:

TAX ID NUMBER:

11. The Contractor shall begin performance 10 calendar days and complete it within 140 calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. (See 52.211-10.)

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

X YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS

a. Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by 2:00PM (hour) local time 02/27/2014 (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 number, and the date and time offers are due.

b. An offer guarantee X is, is not required.

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

d. Offers providing less than 60 calendar days for Government acceptance after the date 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)

BOP00447

Typewritten Text *(See FAO-0001 Bonds, paragraph (b), on page 8)*

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IFBP04121400001 Page 2 of 33

OFFER (Must be 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

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

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

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED

AWARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 27 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE BRCH 27. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Rochester

2110 EAST CENTER STREET

Business Office Rochester, MN 55904

FMC Rochester

2110 EAST CENTER STREET

Contracting Office Rochester, MN 55904

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

BOP00447

Typewritten Text

TOTAL FIRM FIXED-PRICE BID AMOUNT: $______________________

BOP00447

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2014-X3-FP041207PZ-4A6C-25CC YREG: N6C70001

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IFBP04121400001 Page 3 of 33

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule 3 Special Contract Requirements 4 Contract Clauses 5 Attachments 6 Solicitation Provisions 7 Representations and Certifications

IFBP04121400001 Page 4 of 33

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Replace Elevator Building 2 at FMC Rochester in accordance with solicitation IFBP04121400001.

NO ADDITIONAL LINE INFORMATION

1.000000 JB $ $

The successful contractor shall be responsible for all applicable federal, state, and local taxes. THE TOTAL PRICE SHALL BE

WRITTEN IN BLOCK 17 OF THE STANDARD FORM 1442.

IFBP04121400001 Page 5 of 33

Section 3 - Special Contract Requirements

Clauses by Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a) Shawn Salmonson, Facilities Manager, FMC Rochester, 507-424-7355, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for 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. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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) process 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 I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture 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 sometime 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 with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (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, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 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 of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued 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 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver 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 contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity 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 request 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 "long-term" and must be cleared according to the long-term requirements

IFBP04121400001 Page 6 of 33 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 those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, 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 the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda 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 waiver requirements that apply to short-term contractors are required.

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency 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 unchanged 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 having 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-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 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 NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, 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 REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of 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; or3. been a dependent of a Federal or military employee serving overseas.

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

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf http://www.opm.gov/employ/html/citizen.htm http://www.opm.gov/employ/html/citizen.htm

IFBP04121400001 Page 7 of 33

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accom-plish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing safety controls.

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres-ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis-covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti-tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

IFBP04121400001 Page 8 of 33

FAO-0001 Bonds

(a) Bid Guarantee. Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in provision 52.228-1, in the form of twenty percent (20) of the bid price or not to exceed $3,000,000. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A bid bond is not required for bids of $150,000 or less. (FAR 28.102-1)

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

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

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

(c) For construction contracts greater than $30,000 but not greater than $150,000, the Contracting Officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives (FAR 28.102-1(b)(1)):

(1) A Payment Bond;

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

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

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

(d) Individual Sureties.

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

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

FAO-0002 Magnitude

The magnitude of this project is between $100,000.00 and $250,000.00.

FAO-0003 Required Insurance

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

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

TYPE AMOUNT

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

BOP00447

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

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

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

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

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

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $20,000

FAO-0004 Pre-Construction Conference

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

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

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

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

FAO-0005 Submittals

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

The submittal process is in place to allow the Government the opportunity to determine whether materials or procedures used by the contractor are in accordance with contract requirements. It is ultimately the Contractor's responsibility via the quality control process to ensure submittal items installed under the contract and work performed on site are in accordance with industry standards and gener- al practices.

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

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

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

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

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(e) The Contracting Officer’s or designee’s approval or acceptance of submittals is not to be construed as a complete check. Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work. The Contractor is responsible for delivering a final product/system that is operational as intended by the contract requirements, regardless of any Government approvals or acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly functioning product or system.

FAO-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) shall establish the work hour time frames for the duration of the project, subject to the approval of the Contracting Officer. Work hours and work days may be altered only with a 48 hour advance ap-proval of the Contracting Officer.

NOTE: Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional fa-cility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal 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 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 prescribed by Title 18 USC-1791.

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

Parking and Temporary Office Parking will be available at the site to the extent it does not interfere with construction activities. Otherwise, parking shall be provided for by the Contractor, at his expense, off the site for workmen employed on the project. Any temporary field office used by the 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 by this contract;

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

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

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

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FAO-0007 Payment Services

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

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

FAO-0008 Request for Final Inspection

The Contractor shall give the Contracting Officer’s Representative (COR) a minimum of ten (10) working days advanced written no-tice of the date on which the work will be fully completed and ready for the Government’s final inspection.

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

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

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

FAO-0010 Assignment of Contract Administration Office and Functions

Pursuant to FAR 42.201 and 42.202, the assigned Contract Administration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perform 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 contract.

FAO-0011 Schedule of Values

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

(a) The SOV shall include:

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

(2) Contractor’s name and address;

(3) Date of submittal.

(b) The SOV shall be arranged in a tabular form with separate columns to indicate the following for each item listed:

(1) Description of Work or Material;

(2) Related specification 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 value, if applicable;

(7) Dollar value;

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

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

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

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

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

FAO-0012 Progress Meetings

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

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

(1) FBOP: Administrative Contracting Officer, Contracting Officer’s Representative (COR), Facility Administrator/Manager, Architect/Engineer (if applicable), Other Personnel (Executive Staff, Captain, Safety Manager, etc.).

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

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

Administrative Contracting Officer:

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

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

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

(4) Status of modification proposal requests;

(5) Discuss new business.

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.

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Contractor:

(1) Review/discuss updated progress schedule;

(2) Provide 30 day outlook;

(3) Discuss other issues affecting performance.

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

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

Prior to payment of final invoice:

The contractor shall submit the following documents:

(1) Contractor’s Affidavit of Release of Liens (AIA Document G706A);

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

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

(4) Contractor’s final invoice;

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

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

(7) Letter establishing warranty dates;

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

(9) Guarantees and warranties;

(10) All balance and test reports;

(11) All operation/maintenance manuals;

(12) All permits and certifications.

AIA 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 the “Forms Library” link).

http://www.aiabookstore.com/ http://www.gsa.gov/

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FAO-0014 Contract Closeout Procedures (for construction contracts $150,000 or less)

Contract Closeout must be completed upon receipt of property and final payment.

Prior to payment of final invoice:

The Contractor shall submit the following documentation:

(1) Guarantees and warranties;

(2) All operation/maintenance manuals;

(3) Consent of Surety to Final Payment (AIA Document G707), 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.

AIA 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 the “Forms Library” link).

http://www.aiabookstore.com/ http://www.gsa.gov/

IFBP04121400001 Page 15 of 33

Section 4 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996)

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

52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)

52.248-3 Value Engineering - Construction (Oct 2010)

52.246-21 Warranty of Construction (Mar 1994)

52.246-12 Inspection of Construction (Aug 1996)

52.244-6 Subcontracts for Commercial Items (Dec 2013)

52.243-5 Changes and Changed Conditions (Apr 1984)

52.243-4 Changes (June 2007)

52.242-14 Suspension of Work (Apr 1984)

52.242-13 Bankruptcy (July 1995)

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

52.236-8 Other Contracts (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

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

52.236-26 Preconstruction Conference (Feb 1995)

52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997) - Alternate II (Apr 1984) [Insert "1" for clause fill-in.]

52.236-2 Differing Site Conditions (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984) http://www.acquisition.gov/far

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Clause Title

52.236-14 Availability and Use of Utility Services (Apr 1984) [Available utilities are: Water and Electricity.]

52.236-13 Accident Prevention (Nov 1991)

52.236-12 Cleaning Up (Apr 1984)

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

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)

52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

52.232-5 Payments Under Fixed-Price Construction Contracts (Sept 2002)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

52.232-27 Prompt Payment for Construction Contracts (Jul 2013)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-17 Interest (Oct 2010)

52.229-3 Federal, State, and Local Taxes (Feb…