IFBP05131600004.pdf

IFBP05131600004

SOLICITATION,OFFER,

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

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

IFB PO 5 13 1600004 09/06/2016

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

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

6. PROJECT NO.

7. ISSUED BY

Federal Bureau of Prisons FTC Oklahoma 7410 S. McArthur Blvd.

Oklahoma City, OK 73169

5B5B .

CODE BOKL 8. ADDRESS' OFFER TO

9. FOR INFORMATION CALL:I a. NAME

I Gary Lewis gllewis@bop.gov I

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

(0) 405-680-4072 (F) 405-680-4300

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)

Block 5 = 0094-15

The awardee shall provide all materials, labor & equipment for the repair of Jet Bridge.

PLEASE COMPLETE THE FOLLOWING ITEMS:

DUNS NUMBER:

TAX IDENTIFICAT=1=0N~N~U~M=B=ER:

EMAIL ADDRESS: ---

11. The Contractor shall begin performance I 0 calendar days and complete it within 160 calendar days after receiving

Oaward, [KJ notice to proceed. This performance period is [KJ mandatory D 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).

[KJYES ONo

13. ADDITIONAL SOLICITATION REQUIREMENTS:

2b. CALENDAR DAYS

a. Sealed offers in original and I copies to perform the work required are due at the place specified in item 8 by 14:00 {hour) · local time 091/3/?Q/6 (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 [RJ is, Dis 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 _7_5 __ ~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-l!S) Prescnbed by GSA - FAR (48 CFR) 53.236-1{d)

IFBP05131600004 Page 2 of 34

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 1s accepted by the Government in writing within calendar days after the date offers are due. (lnserl any number equal to or greater than the minimum requirement stated in Item 13d. Failure to inserl any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS I

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

I)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

26. ADMINISTERED BY

Federal Bureau of Prisons FTC Oklahoma 7410 S. McArthur Blvd.

·Oklahoma City, OK 73169

IBOKL

llTEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO n 10 U.S.C. 2304(c) () n41 U.S.C. 253(c) ()

27. PAYMENT WILL BE MADE BY

Federal Bureau ·of Prisons FTC Oklahoma 7410 S. McArthur Blvd.

Oklahoma City, OK 73169

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

D 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office) Contractor agrees to furnish and

D 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 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 rights and this contract award. No further contractual document is necessary.

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

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

Gary Lewis

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

09/06/2016

BY

STANDARD FORM 1442 (REV. 4-l!S)BACK

I

IFBP05131600004 Page 3 of 34

Table of Contents

Description Page Number

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

FA0-0001 Bonds FA0-0002 Magnitude FA0-0003 Required Insurance FA0-0004 Pre-Construction Conference FA0-0005 Submittals FA0-0006 Contractor Use of Premises ..................................................................................................... 9 · FA0-0007 Payment Services .................................................................................................................. I 0 FA0-0008 Request for Final Inspection F A0-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual) .. 10 FA0-0010 Assignment of Contract Administration Office and Functions FA0-0011 Schedule ofValues FA0-0012 Progress Meetings ......................................................................................................... :

F A0-0014 Contract Closeout Procedures (for construction contracts S 150,000 or less)

Contract Clauses 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) ...................... :

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

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.225-9 Buy American Act--Construction Materials (Sep 2010) 52.228-13 Alternative Payment Protections (July 2000)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIA TION) (AUG 2012)

52.252-6 Authorized Deviations in Clauses (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) F A0-0015 Changes FA0-0016 Equitable Adjustments: Waiver and Release of Claims FA0-0017 FAR Clauses

Attachments Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.216-1 Type of Contract (Apr 1984) 52.222-5 Davis-Bacon Act -- Secondary Site of the Work (July 2005) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb I 999) 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) -- Alternate I (Feb 1995) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) F A0-0018 FAR Provisions

Representations and Certifications 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications (Dec 2012) 52.204-8 Annual Representations and Certifications (Jan 2014) F A0-0019 Contractor's Signature FA0-0020 List of References and Bank Infonnation

IFBP05131600004 Page 4 of 34

IFBP05131600004 Page 5 of 34

Section 2 - Commodity or Services Schedule

As identified in section 5 - Attachments, this project will be constructed in accordance with any applicable specifications/statement of work & drawings.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Repair Jet Brid~e at at FTC Oklahoma City, Oklahoma, in J

1.000000 $ $ 0001 accordance wit solicitation IFBP05131600004.

Successful contractor is responsible for all applicable federal, state & local taxes. No tax exemption certificate will be issued by the FBOP. THE TOTAL PRICE SHALL BE WRITTEN ABOVE & IN BLOCK 17 OF THE SF 1442. COMPLETE BLOCKS 20a, b & c of the

SF 1442.

IFBP05131600004 Page 6 of 34

Section 3 - Special Contract Requirements

Clauses By Full Text

F A0-0001 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 ofa percentage of the bid price or may be ex pressed in dollars and cents. A bid bond is not required for bids of S 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 Of-ficer 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 perfonnance 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 S 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 selec ted alternatives (FAR 28.102-l(b)(l)):

( 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 28.204-1and28.204-2.

(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

IFBP05131600004 Page 7 of 34

Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP), Statements from a CPA that contain disclaimers are not acceptable. The statement ofnet worth on the Standard Form 28, Affidavit oflndividual 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 re quired may result in rejection of the bid or tennination of the contract for failure to provide adequate 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 ex pressed in dollars and cents. A bid bond is not required for bids of S 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 Of-ficer 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 S 150,000 or less)

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

(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price. , ( c) For constrw;tion contracts greater than $30,000 but not greater than S 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 selec ted alternatives (FAR 28.102-1 (b )(! )):

(I) 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 28.204-1and28.204-2.

(d) Individual Sureties.

(I) 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 Fonn 28, Affidavit oflndividual Surety, is in sufficient and will not be accepted without additional proof of value and ownership.

IFBP05131600004 Page 8 of 34

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

F A0-0002 Magnitude

The magnitude of this project is between S_.00 and S_.00:

F A0-0003 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 SI00,000

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 SI 00,000.

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

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY S500,000

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

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

PER PERSON

PER OCCURRENCE FOR BODILY INJURY

PER OCCURRENCE FOR.PROPERTY DAMAGE

F A0-0004 Pre-Construction Conference

S200,000 $500,000 s 20,000

(a) Prior to the start of construction, Contracting Officers shall call a conference with the contractor, subcontractor(s), Warden, Controller/Business Administrator, Safety Manager, Facilities Administrator, Project Representative, A&E firm, Captain and other in terested 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 nonnal 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.

F A0-0005 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.

IFBP05131600004 Page 9 of 34

The submittal process is in place to allow the Government the opportunity to detennine whether materials or procedures used by the contractor are in accordance with contract requirements. It is ultimately the Contractor's 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 spe-cifications) 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.

(e) The Contracting Officer's or designee's approval or acceptance of submittals is not to be construed as a complete check. Ap-proval 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 .func tioning product or system.

F A0-0006 Contractor Use of Premises

Work Hours The project schedule is based on a normal forty° (40) hour work week, eight (8) hours per day, Monday through Friday, excluding Fed eral holidays. The Contracting Officer's Representative (COR) 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 nonnal 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-

IFBP05131600004 Page 10 of 34 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.

F A0-0007 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.

F A0-0008 Request for Final Inspection

The Contractor shall give the Contracting Officer's Representative (COR) a minimum often (IO) 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.

F A0-0009 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 Fonn Release of Information

F A0-0010 Ass.ignment 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.

FA0-0011 Schedule ofYalues

The Contractor shall prepare a Schedule ofYalues (SOY) for the project and submit to the Contracting Officer for approval prior to submitting the first application for payment. The SOY shall be correlated with the construction schedule. The SOY 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 SOY shall include:

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

(2) Contractor's name and address;

(3) Date.of submittal.

(b) The SOY 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

IFBP05131600004 Page 11 of 34 percent.

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

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

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

F A0-0012 Progress Meetings

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

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

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

(2) Contractor: Project Manager, Superintendent, and technical support disciplines as appropriate (Subcontractors, Manu-facturers, 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.

(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.

FA0-0014 Contract Closeout Procedures (for construction contracts S 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), ifthe 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).

IFBP05131600004 Page 13 of 34

Section 4 - Contract Clauses

Clauses By Reference

02.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

rI'his co~tract incorporates one or more clauses by reference, with the same force and effect is if they were given in fuli text.

Upon request, ~e 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.acqulsition.gov

Clause Title

152.246-12 Inspection of Construction (Aug 1996)

152.202-1 Definitions (Jan 2012)

152.203-3 Gratuities (Apr 1984)

152.203-5 Covenant Against Contingent Fees (Apr 1984)

152.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

152.203-7 !Anti-Kickback Procedures (Oct 2010)

152.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

152.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

152.203-12 Limitation On Payments To lnftuence Certain Federal Transactions (Oct 2010)

152.204-2 Alt II Security Requirements (Aug 1996) - Alternate II (Apr 1984) .I

152.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

!J2.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)

52.204-13 Central Contractor Registration Maintenance (Dec 2012)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Dec 2010)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

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

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2012)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (June 2003)

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

IFBP05131600004 Page 14 of 34

Clause Title

~2.222-6 Davis Bacon Act (July 2005)

52.222-7 ~ithholding of Funds (Feb 1988)

52.222-8 Payrolls and Basic Records (June 2010)

52.222-9 ~pprentices and Trainees (July 2005)

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

52.222-11 ~ubcontracts (Labor Standards) (July 2005)

52.222-12 Contract Termination-Debarment (Feb 1988)

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

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

02.222-15 Certification of Eligibility (Feb 1988)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

02.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-37 Employment Reports Veterans (Sep 2010)

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

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Jul 2012)

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

52.223-6 Drug Free Workplace (May 2001)

52.223-17 ~ffirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

~2.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 ~uthorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-4 Patent lndemnity--Construction Contracts (Dec 2007)

52.228-2 ~dditional Bond Security (Oct 1997)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Jan 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995)

52.228-14 Irrevocable Letter of Credit (Dec 1999)

IFBP05131600004 Page 15 of 34

52.228-15 Performance and Payment Bonds--Construction (Oct 2010)

52.229-3 Federal, State and Local Taxes (Apr 2003)

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

52.232-17 Interest (Oct 2010)

52.232-23 Assignment Of Claims (Jan 1986)

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

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

152.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996) p2.233-4 !Applicable Law for Breach of Contract Claim (Oct 2004)

152.236-2 Differing Site Conditions (Apr 1984)

152.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) p2.236-5 Material and Workmanship (Apr 1984) p2.236-6 Superintendence by the Contractor (Apr 1984) p2.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984) p2.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

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

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Alt I ~ccident Prevention (Nov 1991 )- Alternate I (Nov 1991)

52.236-14 ~vailability and Use of Utility Services (Apr 1984)

52.236-15 I Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997)- Alternate I (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984) p2.243-4 Changes (June 2007) p2.243-5 Changes and Changed Conditions (Apr 1984) p2.244-6 Subcontracts for Commercial Items (Dec 2010) p2.246-21 Alt I ~arranty of Construction (Mar 1994)-Alternate I (Apr 1984)

IFBP05131600004 Page 16 of 34

152.248-3 !Value Engineering--Construction (Oct 2010)

152.249-1 !Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)

152.249-2 Alt I !Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996)

152.249-10 Default (Fixed-Price Construction) (Apr 1984)

152.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

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

(a)[Name] ,[Title], [Location],[Area Code and Telephone Number], 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 contrac tual 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 picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed 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, ifrequired;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.

IFBP05131600004 Page 17 of 34

If the NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Se curity Questionnaire and the Federal Bureau of Investigation 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 is sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

a.' Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, ifrequired;5 and

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

A badge may be issued following approval of the above 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 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, 200 I, 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: - I. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20 l/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 I, a favorable review ofa 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; or 3.'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.

IFBP05131600004 Page 18 of 34

[End of Clause]

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

The Contractor shall be required to (a) commence work under this contract within lQ calendar days after the date the Contractor re ceives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 525 calen dar days after receipt of the notice to proceed.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

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 $899.22 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.218-000 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 ser vice.

• 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 p~rform 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-

IFBP05131600004 Page 19 of 34 tion. The incumbent co11tractor 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 n_ew 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.

[End of Clause]

52.225-9 Buy American Act--Construction Materials (Sep 20 I 0)

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

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

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

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

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

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and "

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.