Final Solicitation.pdf

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IFBP06021000001

X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

01/21/2010

OMB Clearance Control Number : 1103-0018

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

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

6MJ

CODE WRO

Federal Bureau of Prisons Western Regional Office

7338 SHORELINE DRIVE

STOCKTON, CA 95219

7. ISSUED BY

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

8. ADDRESS OFFER TO

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)

RP 0151-10 The selected contractor shall provide all materials labor, and equipment to Install a Concrete Pad and Metal Building at FCI Dublin, California.

PLEASE COMPLETE THE FOLLOWING ITEM:

TAX ID #:___________________DUNS#:_________________

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving10 280 award, X notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)

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

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (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.

3 13:00a.

02/26/2010

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

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS

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

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

IFBP06021000001 Page 1 of 35

BOP02152

Typewritten Text

BOP02152

Typewritten Text

RP 0151-10

BOP02152

Typewritten Text 52.211-10

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

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.)

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) 27

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE DUB

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

27. PAYMENT WILL BE MADE BY

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 futher contractual document is necessary.

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

Jennifer Brouillard

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

IFBP06021000001 Page 2 of 35

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule

2.1 STATEMENT OF WORK

3 Special Contract Requirements 4 Contract Clauses

FAO-0001 BONDS

FAO-0002 MAGNITUDE

FAO-0003 SIZE STANDARD

FAO-0004 LIQUIDATED DAMAGES

FAO-0005 REQUIRED INSURANCE

FAO-0006 INSPECTION OF WORK

FAO-0007 PRE-CONSTRUCTION CONFERENCE

FAO-0008 MATERIAL APPROVAL SUBMITTAL

FAO-0009 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

FAO-0010 WORK HOURS

FAO-0011 CONTRABAND

FAO-0012 EXPLOSIVES

FAO-0013 PARKING AND TEMPORARY OFFICES

FAO-0014 SAFETY AND ACCIDENT PREVENTION

FAO-0015 INSPECTING THE SITE

FAO-0016 PAYMENT SERVICES

FAO-0017 REQUEST FOR FINAL INSPECTION

FAO-0018 DRAWINGS

FAO-0019 CONTRACT SECURITY (3000-03 Human Resource Management Manual)

FAO-0025 ASSIGNMENT OF CONTRACT ADMINISTRATION OFFICES AND FUNCTIONS. 17

F.1 PERIOD OF PERFORMANCE

G.1 CONTRACT ADMINISTRATION DUTIES

52.21-603-70 Contract Monitor (CM) (AUG 2008) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ 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) 52.225-9 Buy American Act--Construction Materials (Feb 2009) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

FAO-0020 CHANGES

FAO-0021 CHANGES-SUPPLEMENT

5 Attachments 6 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 26

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 1999) 52.228-1 Bid Guarantee (Sept 1996) 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)

FAO-0022 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS

7 Representations and Certifications 52.204-8 Annual Representations and Certifications (Feb 2009) 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009)

FAO-0023 CONTRACTOR'S CERTIFICATION

FAO-0024 BUSINESS MANAGEMENT QUESTIONNAIRE

IFBP06021000001 Page 3 of 35

Section 2 - Commodity or Services Schedule

Federal Bureau of Prisons

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 0151-10 The selected contractor shall provide all materials, labor, and equipment to INSTALL A CONCRETE PAD AND METAL BUILDING AT FCI DUBLIN, California, in accordance with the specifications of this solicitation.

1.000000 JB $____________ $___________________

Construction

2.1 STATEMENT OF WORK

INTRODUCTION:

The Federal Bureau of Prisons, FCI Dublin, intends to make an award to a responsible en-tity to install a metal building and concrete foundation. The contractor will be required to meet all federal , state, and local laws and regulations and provide licensing for ser-vice as required. The location of the service required is 5701 8TH Street, Dublin, Cali-fornia, 94568.

SCHEDULE:

The schedule will not exceed eight (8) hours per day, 40 hours per week, Monday through Friday (except Federal holidays), between the hours of 6:15 a.m. and 1:45. Allow approxim-ately thirty minutes for processing workers in and out each day. All workers will be sub-ject to passing a background investigation prior to being allowed access to the facility.

Due to the nature of the correctional setting, delays in performance of work should be ex-pected. Such delays may include, but are not limited to, inclement weather, electrical or mechanical problems, and /or other security matters.

SUPPLIES:

All required equipment and supplies for this construction project will be provided by the awarded Contractor. Due to security reasons, all supplies and equipment that the Contract-or may need while at the Institution must be inventoried. Daily, upon arrival and depar-ture, each item on site will be inspected by an FCI Staff member and documented on the listing. Utility services will be provided by the FCI (electricity, etc).

DESCRIPTION OF RESPONSIBILITIES:

It is the Contractors responsibility to provide all labor and materials to install a metal building, a concrete footing and foundation, site work, site utilities, relocation of site utilities if required, interior walls, doors, windows, insulation, electrical, plumbing, mechanical, fire sprinklers, and Certifications as outlined below. All work is to be com-pleted in accordance with all local, state, and life safety codes.

Work to include the following:

IFBP06021000001 Page 4 of 35

A. Site Utility work:

1. Identification of existing underground utilities under the proposed location of the New Building and their location.

2. New site utility work including connections to existing utilities to supply the New Building. (Water, sewer, mechanical and electrical lines).

B. Excavation, fill and compaction for new foundation and slab as required.

C. Construction of Concrete Footing and slab for the New building. Plans to be submitted for review, stamped by a licensed Civil or Structural Engineer in the State of California, to meet all applicable State and Federal Codes.

D. Furnish and install a Prefabricated Metal Building as detailed below that meets all ap-plicable State and Federal Building codes. Furnish drawings stamped by a Civil or Struc-tural Engineer licensed in the State of California.

E. Construct the following areas with insulated drywall construction on metal studs, com-plete with all utilities, including, Mechanical, Electrical, Plumbing and Lighting for the following interior area: (Mechanical Room, Electrical Room, Parenting/Play Room, Strip Search Room, and three Restrooms). All construction to meet all applicable State and Fed-eral codes.

SPECIFICATIONS:

1. The Contractor shall install one (1) pre-engineered insulated metal building system 46' wide x 80' long x 12' height, eave height 20" bays, post and beam end walls, with a 1:12 roof pitch.

2. The roof panels shall be 26 gauge with a manufacturer's standard galvalume finish. Wall panes shall be 26 gauge with a manufacturer's standard color bake-on finish, with the ne-cessary mastic, trim, and fasteners. Both finishes shall carry a manufacturer's standard 20 year warranty.

3. Standard "X" bracing in the roof and sidewalls shall be installed.

4. The Contractor shall install three (3) 3-0 x 7-0 metal doors with metal frames and standard lock sets on the exterior walls of the building. Locations to be submitted by Contractor on Submittal drawings for owners review and approval.

5. The Contractor shall install two (2) 6-0 x 7-0 full glass doors with metal frames and standard lock sets on the exterior walls of the building. Locations to be submitted by Contractor on Submittal drawings for owners review and approval.

6. The Contractor shall install four (4) 4-0 x 5-0 glass windows on metal frames, on the exterior wall of the building. Locations to be submitted by Contractor on Submittal draw-ings for owners review and approval.

7. The Contractor shall install 6" (roof) 3" (walls) of reinforced white vinyl faced fiberglass insulation.

8. The Contractor shall provide all of the labor, tools, and equipment to erect the build-ing listed above. Adequate, unobstructed access (Temporary Fencing at 20' minimum), around

IFBP06021000001 Page 5 of 35 the building. Price to include the unloading of the delivery truck.

9. The building will be designed to meet the 2007 California Building Code, without addi-tional auxiliary loading. Reducible 20 PSF live load, 90 mph exposure C wind load, seismic Zone D.

10. The Contractor will provide a Locator Company to locate all existing underground util-ity lines at the building location.

11. The Contractor will be responsible for relocating any existing utility lines on the job site location.

12. The Contractor shall be responsible for repair of any utilities, landscaping, and/or building damage during all phases of this project. Any damaged item that affects the safety, security, or orderly running of the Correctional Institution will be repaired im-mediately.

13. The Contractor shall prepare the site/sub grading for building site, sub grade to ex-isting base rock, compact existing base rock, import new cubic yards of base rock, and compact to a level pad for a new concrete slab. Contractor to provide Compaction Testing to verify as required by a Civil or Structural Engineer licensed in the State of Califor-nia, and provide the test results from a Certified Lab verifying compaction prior to com-mencing the foundation and slab construction.

14. The Contractor shall install new sewer lines from the bathroom area, tying in to the existing sewer line (located in the center of the street), approximately 40' length of run and 8' in depth. Contractor to connect to existing 4" PVC pipe.

15. The Contractor shall install 200 feet of underground electrical supply to the new building.

16. The Contractor shall install 100 feet of water supply line, tying into the existing underground run.

17. The Contractor shall install a minimum of # 4 rebar in the concrete slab and footings with (3500 PSI) with the required foundation, and anchor bolts.

The Slab and Footings to be designed and stamped by a Licensed Civil or Structural Engin-eer in the State of California and meet all Applicable State and Federal Codes.

18. The Contractor shall install one (1) restroom measuring 150 square feet. It is to in-clude the following: Two (2) sinks, two (2) toilets, toilet partitions, 3-0 x 7-0 metal door with metal frame and standard lock set. The ceiling and walls will be drywall finish.

Locations to be submitted by Contractor on Submittal drawings for owners review and ap-proval.

19. The Contractor shall install one (1) restroom measuring 150 square feet. It is to in-clude the following: Two (2) sinks, one (1) urinal, one (1) toilet with toilet partition, 3-0 x 7-0 metal door with metal frame and standard lock set. The ceiling and walls will be drywall finish. Locations to be submitted by Contractor on Submittal drawings for owners review and approval.

20. The Contractor shall install one (1) restroom at 45 square feet. It is to include the following: One (1) sink, one toilet, and a 3-0 x 7-0 metal door with metal finish and standard lock set. The ceiling and walls will be drywall finish. Locations to be submitted by Contractor on Submittal drawings for owners review and approval. All restrooms to meet applicable Accessability Requirements.

IFBP06021000001 Page 6 of 35

21. The Contractor shall connect the sewer line to all plumbing fixtures.

22. The Contractor shall install one (1) 45 square foot mechanical room. The ceiling and walls will be drywall finish.

23. The Contractor shall install one (1) 45 square foot electrical room. The ceiling and walls will be drywall finish.

24. The Contractor shall install one (1) 150 square foot strip search room with 3-0 x 7-0 metal door with metal frame. The ceiling and walls will be drywall finish.

25. The Contractor shall install one (1) 300 square foot parenting/play room. It is to in-clude the following: One (1) 3-0 x 7-0 metal door with metal frame and standard lock set, and four (4) 4-0 x 5-0 glass windows on metal frames. The ceilings and walls are to be drywall finish. Locations to be submitted on the Contractor's Submitted drawings for own-ers review and approval.

26. The Contractor shall install standard metal studs and metal track on all interior walls.

27. All interior finish walls are to be 5/8" drywall finish. Provide 5/8" green board dry-wall finish in all wet areas.

28. The Contractor shall install interior Electrical service throughout the building, to include lighting, outlets and switches according to NEC code requirements.

29. The Contractor shall install a 10 ton AC/Heating package unit to service the entire interior building. Adequate duct work for all of the interior rooms will be provided.

30. The Contractor shall install a fire sprinkler system for the building, and provide the Post Construction Certification on the fire sprinkler system, and to meet all appropriate State and Federal Codes including NFPA.

31. The Contractor shall provide pre-engineered building and concrete foundation drawings and calculations, sealed by a California registered engineer.

32. The Contractor shall provide a Finish Grade Slab of 3" to 6" above the highest ground level.

33. The Contractor shall provide soil analysis for ground compaction.

34. All glass within 24" of the floor and door opening shall be temper glass.

35. All restrooms shall comply with all ADA/ABA handicap requirements.

36. All locksets to be standard Sergeant 8200 series.

37. The Contractor to provide one (1) 40 gallon water heater, to be located in the Mechan-ical room.

INSTITUTION SECURITY:

IFBP06021000001 Page 7 of 35

The Contractor agrees to adhere to all regulations prescribed by the Institution in re-gards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the Institution for security reasons.

METHOD OF PERFORMANCE:

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in the Statement of Work as long as the re-quirements are met in accordance with the policies described above.

ORIENTATION REQUIREMENT:

All contact personnel and other applicable staff who will enter the FCI/FPC to perform services on such awarded contract shall be required to attend a four-hour institution ori-entation course held at a mutually acceptable site. The Contractor's cost for contract staff to attend this training shall be the responsibility of the Contractor.

UTILITIES

1. The contractor shall be responsible to provide portable electrical generated power for al contractor electrical requirements.

2. The Federal Correctional Complex shall not be responsible to provide any telephone or communication lines through any provider for personal or business use.

3. The contractor shall be responsible to provide and maintain regular scheduled service on portable restrooms for contractor employees.

IFBP06021000001 Page 8 of 35

Section 3 - Special Contract Requirements

Clauses by Full Text

IFBP06021000001 Page 9 of 35

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.arnet.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) (May 2004)- Alternate I (Sept 1996)

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

52.248-3 Value Engineering--Construction (Sept 2006)

52.246-21 Warranty of Construction (Mar 1994)

52.246-12 Inspection of Construction (Aug 1996)

52.244-6 Subcontracts for Commercial Items (Dec 2009)

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)

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

52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)

IFBP06021000001 Page 10 of 35

Clause Title

52.236-12 Cleaning Up (Apr 1984)

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

52.236-10 Operations and Storage Areas (Apr 1984)

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

52.233-3 Protest after Award (Aug 1996)

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

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

52.232-33 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 2008)

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 (Nov 2006)

52.228-14 Irrevocable Letter of Credit (Dec 1999)

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

52.228-11 Pledges of Assets (Sep 2009)

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 (Aug 2003)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007)

52.222-9 Apprentices and Trainees (July 2005)

52.222-8 Payrolls and Basic Records (Feb 1988)

52.222-7 Withholding of Funds (Feb 1988)

52.222-6 Davis Bacon Act (July 2005)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.222-50 Combating Trafficking in Persons (Feb 2009)

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

IFBP06021000001 Page 11 of 35

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sept 2006)

52.222-36 Affirmative Action for Workers with Disabilities (June 1998)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans

(Sept 2006)

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 (May 2004)

52.219-6 Notice of Total Small Business Set-Aside (June 2003)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009)

52.219-14 Limitations on Subcontracting (Dec 1996)

52.211-13 Time Extensions (Sept 2000)

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

Proposed for Debarment (Sept 2006)

52.204-9 Personal Identity Verification of Contractor Personnel. (Sept 2007)

52.204-7 Central Contractor Registration (Apr 2008)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

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

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

52.203-7 Anti-Kickback Procedures (Jul 1995)

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)

IFBP06021000001 Page 12 of 35

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007)

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

52.202-1 Definitions (July 2004)

Clauses by Full Text

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 $100,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $100,000.00 or less)

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

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

( c ) For construction contracts greater than $30,000 but not greater than $100,000, 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 perform-ance bonds, the individual sureties must submit their bonds proof of ownership and value of the assets which they claim in their net worth at time of bid opening. The Government's preferred 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 con-tain 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 con-cerning other contracts on which they have provided bonds. This information shall include contract number, contract location, amount, and type of bond and telephone number of the involved contracting office. Failure to provide the proof and information required may result in rejection of the bid or termination of the contract for failure to provide adequate bonds.

FAO-0002 MAGNITUDE

IFBP06021000001 Page 13 of 35

The magnitude of this project is between $250,000.00 and $500,000.00.

FAO-0003 SIZE STANDARD

The small business size standard is $13.0 million average annual receipts for an offeror's preceeding three fiscal years. The North American Industrial Classification System (NAICS) code for this acquisition is 238120.

FAO-0004 LIQUIDATED DAMAGES

Liquidated damages in the amount of $580.44 shall be assessed for each day of delay (see Clause 52.211-12, Liquidated Damages - Construction).

FAO-0005 REQUIRED INSURANCE

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

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

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000.00

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00.

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

Per accident or occurrence for bodily injury $500,000.00

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

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

Per person $200,000.00

Per Occurrence for Bodily Injury $500,000.00

Per Occurrence for Property Damage $ 20,000.00

(b) Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required in-surance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Of-ficer, whichever period is longer.

( c ) The contractor shall insert the substance of this clause, including this paragraph c, in subcontracts under this contract that require work on a Government Institution and shall require subcontractors to provide and maintain insurance required in the Schedule or else-where in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

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 Contract Monitor (CM) for this contract, such designation shall be

IFBP06021000001 Page 14 of 35 by a separate letter to the individual selected with a copy furnished to the contractor.

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 contractor using the forms furnished at the Preconstruction Conference.

FAO-0009 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause herein entitled "Schedules for Construction Contracts" shall be accomplished on and in ac-cordance with instructions pertaining to the forms, Construction Progress Chart and Contract Progress Report. A revised progress schedule is required at each 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 Fed-eral holidays. The Project Representative shall establish the work hour time frames for the duration of the project, subject to the ap-proval 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 fa-cility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor nor to any of his subcontractors for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal in-stitution routines. The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.

FAO-0011 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.

FAO-0012 EXPLOSIVES

The use of explosives is absolutely forbidden without written authorization from the Contracting Officer and Contract Monitor.

FAO-0013 PARKING AND TEMPORARY OFFICES

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 Project Representative.

FAO-0014 SAFETY AND ACCIDENT PREVENTION

In performing work under this contract the contractor shall:

IFBP06021000001 Page 15 of 35

(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 per-sonnel performing or in anyway 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.

FAO-0015 INSPECTING THE SITE

The site is located at:

FCI DUBLIN

5701 8TH STREET

DUBLIN, CALIFORNIA 94568

Reminder: this is Federal Prison property and patrolled 24 hours a day. A contractor may only come to the site upon request and when approved by the Federal Bureau of Prisons.

FAO-0016 PAYMENT SERVICES

(a) Application for payments in original and 3 copies shall be prepared on AIA (American Institute of Architects) Form G-702 "Applic-ation and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another form; however, it shall contain similar information within the AIA Form G-702. The Contracting Officer will indicate his approval of the amount of payment by signing and forwarding the application and certificate as follows:

Original: Accounting Supervisor

Copy to: Contractor, Contract File, Project Representative, Contract Monitor

FAO-0017 REQUEST FOR FINAL INSPECTION

The Contractor shall give the Contract Monitor 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

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

FAO-0019 CONTRACT SECURITY (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

IFBP06021000001 Page 16 of 35

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

***A form package will be issued by the Administrative Contracting Officer or Contract Monitor at FCI Dublin. A package shall be submitted to FCI Dublin to obtain clearance for each contract employee. Upon clearance, the contractor will be notified. Should a con-tract employee NOT be cleared to work on this project, the contractor will be notified immediately and responsible to submit a new contract employee as soon as possible. Be advised, the Bureau of Prisons cannot disclose why an individual does not pass the security clearance process, as it is a violation of law.

FAO-0025 ASSIGNMENT OF CONTRACT ADMINISTRATION OFFICES 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.

F.1 PERIOD OF PERFORMANCE

The period of performance for the anticipated contract is ___280____calendar days after receipt of notice to proceed.

G.1 CONTRACT ADMINISTRATION DUTIES

1. Contracting Officer Responsibility: Authority to negotiate changes in terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer.

2. Ordering Official: Modifications may be issued only by the Contracting Officer or other contracting officers holding an appropriate certificate of appointment. A modification shall be in the form of an SF-30, Modification Of Contract.

3. Contract Monitor (CM): The Contracting Officer shall designate in writing a Contract Monitor who shall be responsible for:

a) Monitoring the technical progress on individual task orders, including surveillance and assessment of performance and issuing tech-nical changes to individual task orders;

b) Interpreting the Statement of Work;

c) Technical Evaluation as required;

d) Technical inspection and acceptance:

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligations;

g) Ensuring that task orders are issued in accordance with the appropriate terms;

h) Ensuring that task orders and resultant invoices and payments are processed in a timely manner;

i) Assisting in resolution of administrative problems encountered by the service provider during contract performance.

52.21-603-70 Contract Monitor (CM) (AUG 2008)

(a)BRUCE ,WEST , OUTSIDE FOREMAN,925-833-7500 X412, is hereby designated as the Contract Monitor (CM) under this con-tract.

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor

IFBP06021000001 Page 17 of 35 effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM 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 pic-ture ID);

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

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

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

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

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

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

3. Intermittent Contractors:

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

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

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

IFBP06021000001 Page 18 of 35

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

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

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

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

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

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

[End of Clause]

52.27-103-72 DOJ 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.

[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 10 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 280 calen-dar days.* 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 $580.44 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)

52.225-9 Buy American Act--Construction Materials (Feb 2009)

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

IFBP06021000001 Page 19 of 35

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

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

(i)…