02 - Solicitation.pdf

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IFBP06021100001

X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

07/06/2011

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.

6RX

CODE WRO

Federal Bureau of Prisons Western Regional Office

7338 SHORELINE DRIVE

STOCKTON, CA 95219

7. ISSUED BY

Federal Bureau of Prisons Western Regional Office

7338 SHORELINE DRIVE

STOCKTON, CA 95219

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)

TAS 151003 - The selected contractor shall provide all materials, labor and equipment to RE-ROOF THREE HOUSING UNITS at the FCI Dublin, Dublin, California.

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving10 210 award, X notice to proceed. This performance period is X mandatory negotiable. (See FAR 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

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.

1 10:00a.

08/16/2011

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)

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Typewritten Text Please complete the following:

TAXID#:____________________DUNS#___________________

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

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LINE ITEM 0001:

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LINE ITEM 0002:

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TOTAL AMOUNT BID:

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YOU MUST COMPLETE PAGE 4 OF THIS SOLICITATION IN ADDITION TO THIS BLOCK.

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Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule

B.1 SF-1442 CONTINUATION PAGE

3 Special Contract Requirements

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-0013 Parking and Temporary Office FAO-0014 Safety and Accident Prevention FAO-0015 Inspecting The Site FAO-0016 Payment Services FAO-0017 Request for Final Inspection FAO-0019 Contract Security (3000-03 Human Resource Management Manual) FAO-0020 Assignment of Contract Administration Office and Functions FAO-0025 Equitable Adjustments: Waiver and Release of Claims

4 Contract Clauses 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 CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011). . 14 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 (Sep 2010) 52.236-14 Availability and Use of Utility Services (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) FAO-0021 Changes FAO-0022 Changes - - Supplement

FAO-42 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APRIL

2011)

5 Attachments 6 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 22

52.211-6 Brand Name or Equal (Aug 1999) 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) 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009) 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)

7 Representations and Certifications 52.204-8 Annual Representations and Certifications (Jan 2011) 52.209-7 Information Regarding Responsibility Matters FAO-0023 Contractor's Certification FAO-0024 Business Management Questionnaire

IFBP06021100001 Page 3 of 31

Section 2 - Commodity or Services Schedule

This project will be constructed in accordance with the specifications, drawings, and contractors must furnish the appropriate bid, performance & 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

0001 Furnish all equipment, materials, and labor to Re-Roof Three Housing Units (Housing Units A, B, and D) located at the Federal Correctional Institution in Dublin, California, in accordance with the provide Specifications and Plans.

1.000000 JB $____________ $___________________

0002 ALTERNATE LINE ITEM: Furnish all equipment, materials, and labor to Re-Roof One Housing Unit (Housing Unit E) located at the Federal Correctional Institution in Dublin, California, in accordance with the provide Specifications and Plans.

1.000000 $____________ $___________________

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.

B.1 SF-1442 CONTINUATION PAGE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if the bid is accepted by the Government in writing within _____calendar days after the bids are due.

LINE ITEM #01. BASE BID

Furnish all equipment, materials, and labor to Re-Roof Three Housing Units (Housing Units A, B, and D) located at the Federal Cor-rectional Institution in Dublin, California, in accordance with the provide Specifications and Plans. The work includes but is not lim-ited to demolition, concrete, grouting, metals and metal fabrication, thermal and moisture protection, and plumbing.

The performance period for the Base Bid is 210 calendar days after the contractor receives the Notice to Proceed.

LINE ITEM #2. ALTERNATE 1:

Furnish all equipment, materials, and labor to Re-Roof One Housing Unit (Housing Unit E) located at the Federal Correctional Institu-tion in Dublin, California, in accordance with the provide Specifications and Plans. The work includes but is not limited to demoli-tion, concrete, grouting, metals and metal fabrication, thermal and moisture protection, and plumbing.

If Alternate #1 is awarded, the performance period is 210 calendar days (no change) after the contractor receives the Notice to Pro-ceed.

Note: Award will be made to a responsible offeror whose bid is responsive to the terms of the invitation for bids and is most advant-ageous to the Government, considering only price and the price related factors included in the invitation.

EVALUATION of pricing related to Line Item 0002 Alternate 1 - will be accepted/rejected at the initial award of a contract as fol-lows:

A. The lowest priced bid is determined by evaluating the prices for only the items actually awarded.

IFBP06021100001 Page 4 of 31

B. The total of the base bid has no relevance in determining the low bid, where both items WILL NOT be awarded.

C. Bidders are cautioned not to submit unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly over or understated.

D. Bidders are required to bid on the base bid and add alternate. Failure to do so may cause your bid to be determined non-responsive.

E. Alternate 1 is described in the following specification and/or drawing section(s): Division 1 – General Requirements – 01-23-00 “Alternates”..

F. In submitting this bid, it is understood that the U. S. Government reserves: (1) the right to reject any or all bids; (2) select the base or alternate based on funds availability or in the best interest of the Government; and, (3) waive irregularities in the bidding.

The bid form shall be completed and signed by an authorized representative of your company and returned with the SF-1442 Form, Solicitation, Offer, and Award Document as referenced at “Notice To Offerors” on the front cover sheet.

NAME OF OFFEROR:______________________________________________________________

SIGNATURE:_____________________________________________________________________

DATE:___________________________________________________________________________

IFBP06021100001 Page 5 of 31

Section 3 - Special Contract Requirements

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 $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $150,000.00 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 $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 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

The magnitude of this project is between $500,000.00 and $1,000,000.00.

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 238160.

FAO-0004 Liquidated Damages

Liquidated damages in the amount of $398.63 shall be assessed for each day of delay (see Clause 52.211-12, Liquidated Damages - Construction).

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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 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 con-tractor 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 accordance with instructions pertaining to the forms, Construction Progress Chart and Contract Progress Report. A revised progress schedule is required at each progress meeting. Progress meetings are mandatory and will be held monthly.

FAO-0010 Work Hours

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

FAO-0013 Parking and Temporary Office

Parking will be available at the site. It will be the contractor's responsibility to ensure all vehicles are secured while on Federal Prop-erty.

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 insti-tution 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 anyway coming in contact with the performance of this contract; and(d) Take such additional immediate precautions as the Contracting Officer may reasonably re-quire for safety and accident prevention purposes.

FAO-0015 Inspecting The Site

The site is located at:

FCI Dublin 5701 8th Street Dublin, California 94568 Please be advised - this is a federal prison facility and is not accessible to the general public. Armed officers patrol the facility.

FAO-0016 Payment Services

(a) Application for payments in original and 5 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 Project Manager Architect/Engineer

FAO-0017 Request for Final Inspection

The Contractor shall give the Contracting Officer and 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.

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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 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

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.

FAO-0025 Equitable Adjustments: Waiver and Release of Claims

(a) When the Contractor, after receipt of notification of a change made pursuant to the clause of this contract entitled "Changes" or after affirmation of constructive change thereunder, submits any claim for equitable adjustment under this clause, such claim shall in-clude all types of adjustments in the total amounts to which that clause entitles the Contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived (i) any adjustments to which it otherwise might be entitled under the aforesaid clause where such claim fails to request such adjustment, and (ii) any increase in the amount of equitable adjustments additional to those requested in its claim.

(b) Further, the Contractor agrees that, if required by the Contracting Officer, it will execute a release, in form and substance satisfact-ory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid adjustment, and that such release shall discharge the Government, its officers, agents, and employees, from any further claims, including but not limited, to further claims arising out of delays or disruptions or both caused by the aforesaid change.

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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 (Oct 2010)

52.246-21 Warranty of Construction (Mar 1994)

52.246-12 Inspection of Construction (Aug 1996)

52.244-6 Subcontracts for Commercial Items (Dec 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 II Specifications and Drawings for Construction (Feb 1997)- Alternate II (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 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)

52.236-12 Cleaning Up (Apr 1984)

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Clause Title 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 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 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)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

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

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 (Jan 2009)

52.222-50 Combating Trafficking in Persons (Feb 2009)

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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)

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 (June 2003)

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

52.219-14 Limitations on Subcontracting (Dec 1996)

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 (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)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010)

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)

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

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

52.202-1 Definitions (July 2004)

Clauses by Full Text

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

(a)JOEL EDDINGS ,CARPENTER FOREMAN , FCI DUBLIN, CALIFORNIA,925-833-7500 EXT.337, is hereby designated as the Contract Monitor (CM) under this contract.

(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 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-

IFBP06021100001 Page 13 of 31 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.

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

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

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

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

Notes:

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

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

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

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

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

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

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

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

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

[End of Clause]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a

IFBP06021100001 Page 14 of 31 semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration data-base at http://www.ccr.gov/.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act pro-cedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past per-formance reviews, will be publicly available.

(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 210 calen-dars days after receipt of the notice to proceed.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

52.211-12 Liquidated Damages--Construction(Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $398.63 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 (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 dis-crete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and dis-tinct construction material regardless of when or how the individual parts or components of those systems are delivered to the con-

IFBP06021100001 Page 15 of 31 struction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

(1) 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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transporta-tion 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 compon-ents. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction 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 compon-ents 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 incon-sistent 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;

IFBP06021100001 Page 16 of 31

(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.

(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 con-struction 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 COMPARISON

Construction Material De-scription

Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction mater-ial Domestic construction ma-terial…