2_-_Final_Solicitation_12202012.pdf

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IFBP06001300001

2. TYPE OF SOLICITATION

X SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

12/20/2012

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.

0008-13

6. PROJECT NO.

6A3T YREG: MX310022

7. ISSUED BY CODE BWRO 8. ADDRESS OFFER TO

Federal Bureau of Prisons Western Regional Office 7338 Shoreline Drive Stockton, CA 95219

Federal Bureau of Prisons Western Regional Office 7338 Shoreline Drive Stockton, CA 95219

9. FOR INFORMATION CALL: a. NAME

Jennifer Brouillard

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

209-956-9766

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)

PROJECT TITLE: UPGRADE FIRE ALARM PANELS

TAS 151003 - The selected contractor shall provide all materials, labor, and equipment to Upgrade the Fire Alarm Panels, at the Taft Correctional Institution, located in Taft, California.

Please complete the following:

TAX ID#:______________________

DUNS #:______________________

11. The Contractor shall begin performance 10 calendar days and complete it within 135 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 01 copies to perform the work required are due at the place specified in item 8 by

JANUARY 25, 2013, no later than 10:00 a.m. local time. 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 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 __90__ 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)

IFBP06001300001 PAGE 1 OF 26

x

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 UPGRADE FIRE ALARM PANELS: $_____________________________

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

X3-FP060020PZ-6A3T-25CC YREG: MX310022 SMALL BUSINESS

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 BTAF 27. PAYMENT WILL BE MADE BY

Federal Bureau Of Prisons Western Regional Office - ACCOUNTING 7338 Shoreline Drive Stockton, CA 95219

Taft Correctional Institution Attn: Diana Cormier 1500 Cadet Rd Taft, CA 93268

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)

JENNIFER BROUILLARD

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

IFBP06001300001 PAGE 2 OF 26

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 1 2 Schedule of Supplies/Services 4 3 Special Contract Requirements 5 FAO-0001 Bonds 5 FAO-0002 Magnitude 5 FAO-0003 Size Standard 5 FAO-0004 Liquidated Damages 5 FAO-0005 Required Insurance 5 FAO-0006 Inspection of Work 5 FAO-0007 Pre-Construction Conference 6 FAO-0008 Material Approval Submittal 6 FAO-0009 Preparation of Progress Schedules and Reports 6 FAO-0010 Work Hours 6 FAO-0011 Contraband 6 FAO-0012 Explosives 6 FAO-0013 Parking and Temporary Office 6 FAO-0014 Safety and Accident Prevention 6 FAO-0015 Inspecting the Site 7 FAO-0016 Payment Services 7 FAO-0017 Request for Final Inspection 7 FAO-0018 Drawings 7 FAO-0019 Contract Security (3000-03 Human Resource Management Manual) 7 FAO-0020 Assignment of Contract Administration Office and Functions 7

4 Contract Clauses 8-11 52.21-603-70 Contracting Officer’s Representative (COR) (Aug 2008) 11 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 11 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) 12 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 12 52.211-12 Liquidated Damages—Construction (Sep 2000) 12 52.225-9 Buy American Act--Construction Materials (Sep 2010) 13 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation)(Aug

2012)

52.236-14 Availability and Use of Utility Services (Apr 1984) 14 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 14 FAO-0021 Changes 15 FAO-0022 Changes—Supplement 15 52.223-2 Affirmative Procurement of Bio-Based Products Under Service and Construction

Contracts (July 2012)

Continuing Contract Performance During A Pandemic Influenza Or Other National Emergency (May 2008)

5 Attachments 18 6 Solicitation Provisions 19 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 19 52.216-1 Type of Contract (Apr 1984) 19 52.222-5 Davis-Bacon Act--Secondary Site of the Work (July 2005) 19 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009) 20 52.228-1 Bid Guarantee (Sept 1996) 21 52.233-2 Service of Protest (Sep 2006) 21 52.236-27 Site Visit (Construction) (Feb 1995)--Alternate I (Feb 1995) 21 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 22 FAO-0025 Equitable Adjustments: Waiver and Release of Claims 22

7 Representations and Certifications 23 52.204-8 Annual Representations and Certifications (May 2012) 23-24 FAO-0023 Contractor’s Certification 25 FAO-0026 List of References and Bank Information 26

IFBP06001300001 PAGE 3 OF 26

Section 2 - Commodity or Services Schedule

This project will be constructed in accordance with the specifications, drawings, and contractors must furnish the appropriate bid, and performance and payment bonds. The specifications, drawings, and bond forms can be located in Section 5 - Attachments

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS 151003 - The selected contractor shall provide all materials, labor, and equipment to Upgrade the Fire Alarm Panels, at the Taft Correctional Institution, located in Taft, California.

1.000000 JB $ $

The successful contractor shall be responsible for all applicable federal, state, and local taxes. No tax exemption certification will be issued by the Federal Bureau of Prisons. THE TOTAL PRICE SHALL BE WRITTEN ON LINE ITEM 17 OF THE STANDARD FORM 1442.

IFBP06001300001 PAGE 4 OF 26

Section 3 - Special Contract Requirements

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 contract provision 52.228-1, in the form of twenty percent (20) of the bid price or not to exceed $3,000,000. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be ex-pressed in dollars and cents. A bid bond is not required for bids of $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after 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:

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

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

FAO-0002

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

FAO-0003 Size Standard

The small business size standard is $14.0 average annual receipts for an offerors preceeding three fiscal years. The North American Industrial Classification System (NAICS) code for this acquisition is 238210.

FAO-0004 Liquidated Damages

Liquidated damages in the amount of $876.09 shall be assessed for each day of delay (see Clause 52.211-12, Liquidated Damages - Construction).

FAO-0006 Inspection of Work

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

IFBP06001300001 PAGE 5 OF 26

FAO-0007 Pre-Construction Conference

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

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

FAO-0008 Material Approval Submittal

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

FAO-0009 Preparation of Progress Schedules and Reports

Monthly progress meetings are required. A revised progress schedule will be required to be submitted at each monthly progress meeting.

FAO-0010 Work Hours

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

NOTE: Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional facility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor or to any of his subcontractors for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines. The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.

FAO-0011 Contraband

The Contractor shall inform his employees that intoxicating beverages, drugs, weapons, etc., will not be allowed on the site.

Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC-1791.

FAO-0012 Explosives

The use of explosives is absolutely forbidden without written authorization from the Contracting Officer. Requests for use of explosives should be made to the Contracting Officer’s Representative and Contracting Officer in writing with an explanation why the con- tractor is requesting to use them.

FAO-0013 Parking and Temporary Office

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

FAO-0014 Safety and Accident Prevention

In performing work under this contract the contractor shall:

(a) Conform to the specific safety requirements established by this contract; (b) Comply with the safety rules of the Government institution that concern related activities not directly addressed in this contract; (c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and(d) Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

IFBP06001300001 PAGE 6 OF 26

FAO-0015 Inspecting The Site

The site is located at:

Taft Correctional Institution 1500 Cadet Road Taft, California 93268

As you are aware, this is federal prison property, patrolled by armed Correctional Officers 24 hours a day. You must have authorization to be on federal prison property from the Contracting Officer and Contracting Officer’s Representative.

FAO-0016 Payment Services

(a) Original applications 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 is responsible to obtain these forms. The contractor may use another form; however, it shall contain similar information within the AIA Form G-702. The Contracting Officer will indicate his/her approval of the amount of payment by signing and forwarding the application and certificate to the Accounting Office.

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

FAO-0017 Request for Final Inspection

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

FAO-0018 Drawings

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

FAO-0019 Contract Security (3000-03 Human Resources Management Manual)

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

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

Should the Prime Contractor hire sub-contractors, it will be the responsibility of the Prime Contractor to review and submit all required security documentation. The BOP will not accept security documentation from any sub-contractors for this project. All paperwork must be completed in its entirety before it can be considered accepted by the BOP. If you have worked at a federal facility and obtained a Personal Identity Verification Card (PIVCard) within the last 12 months, please ensure you make notification to the Contracting Officer in your bid/proposal documents.

**A form package will be issued by the Administrative Contracting Officer or Contract Monitor at Taft Correctional Institution. A package shall be submitted to Taft Correctional Institution to obtain clearance for each contract employee (to include sub-contractors).

Upon clearance being obtained the contractor will be notified. Should a contract employee NOT be cleared to enter the facility for this project the contractor will be notified immediately. The contractor will be responsible to submit another contract employee as soon as possible for clearance. Be advised, the Federal Bureau of Prisons cannot disclose why an individual does not pass the security clearance process, as it is a violation of law.**

FAO-0020 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.

IFBP06001300001 PAGE 7 OF 26

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)

52.248-3 Value Engineering--Construction (Oct 2010)

52.246-21 ALT I Warranty of Construction (Mar 1994) Alt I (Apr 1984)

52.246-12 Inspection of Construction (Aug 1996)

52.244-6 Subcontracts for Commercial Items (Dec 2010)

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

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)

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)

IFBP06001300001 PAGE 8 OF 26

http://www.acquisition.gov/far http://www.acquisition.gov/far

Clause Title

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)

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

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

52.232-23 Assignment Of Claims (Jan 1986)

52.232-17 Interest (Oct 2010)

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

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

52.228-2 Additional Bond Security (Oct 1997)

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

52.228-14 Irrevocable Letter of Credit (Dec 1999)

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

52.228-11 Pledge of Assets (Jan 2012)

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

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

52.227-1 Authorization and Consent (Dec 2007)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.223-6 Drug Free Workplace (May 2001)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

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

52.222-9 Apprentices and Trainees (July 2005)

52.222-8 Payrolls and Basic Records (June 2010)

52.222-7 Withholding of Funds (Feb 1988)

52.222-6 Davis Bacon Act (July 2005)

52.222-54 Employment Eligibility Verification ((July 2012)

52.222-50 Combating Trafficking in Persons (Feb 2009)

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

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

52.222-37 Employment Reports Veterans (Sep 2010)

IFBP06001300001 PAGE 9 OF 26

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

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-3 Convict Labor (June 2003)

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

52.222-26 Equal Opportunity (Mar 2007)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-15 Certification of Eligibility (Feb 1988)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

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

52.222-12 Contract Termination-Debarment (Feb 1988)

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

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

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

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

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

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

52.219-14 Limitations on Subcontracting (Nov 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-7 Central Contractor Registration (Dec 2012)

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

52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II (Apr 1984)

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-3 Gratuities (Apr 1984)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

IFBP06001300001 PAGE 10 OF 26

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

52.202-1 Definitions (Jan 2012)

Clauses by Full Text

52.21-603-70 Contracting Officer Representative (COR) (JUN 2012)

(a)Mr. Steve Rulo, Engineering Technician, Western Regional Office, California, is hereby designated as the Contracting Officer’s Representative (COR) under this contract. He can be contacted at 209-956-9754.

(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 contractor 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 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, 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 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 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 requirements 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 commensurate 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 issuance. 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.

IFBP06001300001 PAGE 11 OF 26

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 access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, 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 investigation, 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 commitment, 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 information. By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction. [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 ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 135 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 $876.09 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 completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

IFBP06001300001 PAGE 12 OF 26

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

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

(a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"-

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

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

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

(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. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means-

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means-

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

NONE.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

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

(A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project;(G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

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

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

IFBP06001300001 PAGE 13 OF 26

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISION

Construction Materials Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material (List name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued.)

52.232-99 Providing Accelerated Payment To Small Business Subcontractors (Deviation) (Aug 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

a. Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

b. Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

c. The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

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

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and sup-plies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

ADDENDUM:

SEE PAGE 2 OF THE STATEMENT OF WORK REGARDING UTILITIES.

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 hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other mater al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring 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.

IFBP06001300001 PAGE 14 OF 26

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence 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 constitute 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)

FAO-0021 Changes

(a) Changes will be in accordance with the Changes clause 52.243-4 or Changes and Changed Conditions clause 52.243-5 whichever applies to this contract.

(b) When changes are made in the work that requires an equitable adjustment to the contract, the Contractor shall submit to the Contracting Officer through the Project Representative a written proposal for adjustment of the amount of increase or decrease. With the proposal, the Contractor shall submit an itemized breakdown in at least the following detail:

(1) Material quantities and unit cost(2) Labor costs by material item(3) Construction equipment cost(4) Workmen's compensation and public liability insurance(5) Overhead(6) Profit or commission(7) Employment taxes (FICA and FUTA)--no overhead, profit or com-mission will be allowed on employment taxes.

(c) The maximum allowable overhead, profit and commission percentages are contained below. The percentages for overhead, profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following:

(1) To the Contractor, on work performed by other than his own forces. The commission is 10% in the first $20,000, 7 1/2% on the next $30,000, 5% on the balance over $50,000.

(2) To the Contractor, and/or the Subcontractors for that portion of the work performed with their respective forces. The commission is 10% overhead and 10% profit on the first $20,000, 7 1/2% overhead and 7 1/2% profit on the next $30,000, and 5% overhead and 5% profit on the balance over $50,000.

Not more than three (3) percentages, not to exceed the maximum percentage amounts shown above, will be allowed regardless of the number of their Subcontractors, (i.e., the mark up on work subcontracted by the Subcontractor will be limited to the overhead percent-age and one profit percentage in addition to the prime…