Solicitation.pdf

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFPP06091400002

SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

03/05/2014

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

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

6A1Q

CODE BSAF

Federal Bureau of Prisons FCI Safford

PO BOX 820

SAFFORD, AZ 85546

Jerry Bishop

(O) 928-348-1360 j1bishop@bop.gov

7. ISSUED BY

Federal Bureau of Prisons FCI Safford

PO BOX 820

SAFFORD, AZ 85546

Jerry Bishop

(O) 928-348-1360

8. ADDRESS OFFER TO

9. FOR INFORMATION CALL: a. NAME

Jerry Bishop

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

928-348-1360

SOLICITATION

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

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

The contractor shall design, and furnish all material, equipment, labor, and incidentals needed to design and install a wet fire sprinkler system covering the entire Administration Building, and a fire alrarm system for the existing ISM/R&D Wing. Work shall conform to the attached Specification/Scope of Work.

Magnitude of this project is $25,000 to $80,000.

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving10 91 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)

(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.

14:00a.

local time 04/14/2014

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 by referencec.

30d. 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)

RFPP06091400002 Page 1 of 35

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)

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 BSAF

Federal Bureau of Prisons FCI Safford

PO BOX 820

SAFFORD, AZ 85546

Federal Bureau of Prisons FCI Safford

PO BOX 820

SAFFORD, AZ 85546

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)

Jerry Bishop

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

RFPP06091400002 Page 2 of 35

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule

SOW SOW

3 Special Contract Requirements

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements FAO-0001 Bonds FAO-0002 Magnitude FAO-0003 Required Insurance FAO-0005 Submittals FAO-0006 Contractor Use of Premises FAO-0008 Request for Final Inspection FAO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual) ..15 FAO-0010 Assignment of Contract Administration Office and Functions FAO-0011 Schedule of Values FAO-0012 Progress Meetings FAO-0016 Equitable Adjustments: Waiver and Release of Claims

4 Contract Clauses 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Sep 2009) 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

5 Attachments Business Management Questionnaire Wage Determination AZ26

6 Solicitation Provisions

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

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) 52.225-12 Notice of Buy American Act Requirement -- Construction Materials Under Trade Agreements (Feb 2009) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) -- Alternate I (Feb 1995) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009)

7 Representations and Certifications 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2013) 52.212-3 Alt II Offeror Representations and Certifications - Commercial Items (Nov 2013) - Alternate II (Jan 2012) 52.236-28 Preparation of Proposals--Construction (Oct 1997)

RFPP06091400002 Page 3 of 35

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 0.000000 JB $____________ $___________________

NO ADDITIONAL LINE INFORMATION

SOW SOW

FCI SAFFORD - B&F PROJECT # 6A1Q

Fire Suppression systems for the Administration Building

I. SPECIFICATIONS:

A. INTRODUCTION

The Federal Bureau of Prisons (FBOP), Federal Correctional Institution in Safford, Arizona intends to make a single award to a re-sponsible entity to provide all necessary design, equipment, labor, materials, and incidentals to design and construct a Wet Fire Sprinkler system and Fire Alarm system inside the existing Administration Building located at the Federal Correctional Institution (FCI), 1529 West Highway 366, Safford, Arizona, 85546. The contractor shall be responsible to fully design and construct the fire systems and to certify their construction once completed. It shall be the contractor’s responsibility to obtain permitting, should it be required.

B. SCOPE OF WORK

The wet fire sprinkler system and fire alarm system shall be completely designed and constructed by the awarded contractor. The con-tractor shall be responsible for gathering the necessary field data prior to the design and construction of the fire systems. The contract-or shall also be responsible for the licensed engineering of drawings, fabrication, construction, testing, post-construction certification, and making fully functional and operational the newly installed fire systems.

The contractor shall design, provide, and construct a wet fire sprinkler system for the Administration building per NFPA standards, in-cluding but not limited to NFPA 13. The building has a 6” capped fire main plumbed into the northeastern mechanical room. A floor plan of the Administration building is attached. The contractor shall visit the site prior to any design or construction on the new sprinkler system to verify existing site conditions. The Administration building is approximately 11,500 square feet in size.

The Administration building has an existing “FireLite MS9200UDLS Rev. 3” fire alarm system that has recently been upgraded from an older system. The existing panel serves the entire building except for the R&D (southeastern wing) area, which previously had its own Fire Alarm Control Panel (FACP). The R&D wing has recently been remodeled, and the old fire alarm system removed from that area. It shall be the responsibility of the contractor to design, provide, and install a fire alarm system that will cover the R&D wing only. The R&D system shall have its own “FireLite MS9200” FACP. The contractor shall be responsible to provide the FACP, all devices, and all wiring between the devices and the FACP. It is the contractor’s responsibility to ensure all new devices are com-patible with, and interface with the alarm system per NFPA standards. It shall also be the contractor’s responsibility to visit the site prior to design or construction to verify existing site conditions, and gather information on existing devices. Existing conduit is in place for fire alarm wiring. If a conduit does not exist, or does not meet NFPA code, it shall be the contractor’s responsibility to provide and install the conduit. All existing fire panels report conditions to a main panel in the control center. The contractor shall ensure that the new panel will continue to report conditions to the offsite panel. Any wiring or conduit between the R&D panel and the offsite panel that does not meet NFPA code or needs work will be the responsibility of FCI Safford.

FCI Safford staff will ensure a representative is present to allow access to all areas requested by the Contractor. It shall be the Con-tractors responsibility to verify existing site conditions through site visits, obtain all measurements, and manufacturer’s installation re-commendations prior to fabrication or construction. The Contractor is also responsible to conduct repairs to any part of the building that is damaged during the completion of work under this contract, including but not limited to structural repairs, patching walls, re-pairing ceilings, and water damage.

The FBOP will occupy the site during the entire construction period. The contractor shall perform the work so as to interfere with the

RFPP06091400002 Page 4 of 35

FBOP’s operations as minimal as possible. A construction schedule shall be submitted to the contracting officer for approval prior to fabrication or construction of the fire systems.

C. QUALITY ASSURANCE/INSTALLATION REQUIREMENTS

Services and materials provided will be consistent with current industry standards and National Fire Protection Association (NFPA), American Society for Testing and Materials (ASTM), American Water Works Association (AWWA), Factory Mutual Engineering and Research Corporation (FM), and Underwriters Laboratories (UL).

All installers and technicians shall be qualified and certified to install, test, and certify the new fire alarm and fire sprinkler systems.

All installers and technicians shall meet the minimum qualification requirements as specified by NFPA codes.

The contractor shall examine areas, with the owner present, to verify compliance for installation tolerances and other conditions af-fecting design and installation of the fire suppression systems. The contractor shall not proceed with design, fabrication, or installa-tion until unsatisfactory conditions have been corrected. Dimensions shown are not guaranteed accurate. It is the contractor’s re-sponsibility to verify dimensions and all other site conditions prior to the performance of work under this contract.

D. UTILITIES

The FBOP will provide minimal electricity service (120V), for battery chargers, small hand tools, etc. In addition, the FBOP will provide restroom services and water. The contractor shall provide all other supplies and materials needed to complete this project.

E. TESTING AND ACCEPTANCE

The Contractor shall notify the Contracting Officer’s Representative (COR) two (2) days prior to the final system testing and inspec-tion so that arrangements can be made to have the FBOP required staff available to observe testing. A complete plan detailing test procedures must be submitted to the COR in advance for final check out and testing of the fire alarm and fire sprinkler systems.

The contractor shall provide an Installation Certification for both of the completed and tested systems that contains an affidavit signed by the contractor and manufacturer’s representative, notarized, certifying that the complete systems meet the contract requirements and is fully operational per the manufacturer’s recommendations.

The contractor awarded the contract will be responsible to ensure the premises are kept clean and free from accumulations of waste materials and rubbish at all times. The contractor will remove all debris, scrap, and rubbish from the work area daily. Surplus materi-als and all equipment shall be promptly removed from the site upon completion of the work. The Contractor shall be responsible to re-move all debris and waste materials from the job site at FCI Safford upon conclusion and acceptance of the project. These items must be disposed of in accordance with all Federal, State, and local laws.

F. SUBMITTALS

1. The contractor shall provide written submittals to the COR describing recommended equipment, materials, and manufacturer within 15 days from receiving the Notice to Proceed for approval.

2. All security clearance paperwork/documentation shall be submitted to the COR, a minimum of fourteen working days prior to the start of work.

3. A progress schedule must be submitted for approval to the Contracting Officer and COR 10 days prior to the contractor mobilizing to the site. The progress schedule must detail a work sequence/schedule that demonstrates all work will be completed in a timely man-ner with minimal interruption to the facility.

4. A detailed Schedule of Values shall be submitted to the Contracting Officer and COR with the progress schedule 10 days prior to the contractor mobilizing to the site.

5. The Contractor shall provide to the COR (3) copies of the Material Safety Data Sheets (MSDS) on all materials and substances that may be used during the course of the project. In the event the material is not approved by the Safety Manager, it shall be the respons-ibility of the Contractor to locate and procure an alternative product.

6. Drawings: Shop drawings, at a minimum, shall be in accordance with NFPA 13, and shall include all pertinent details needed to show conformance to the contract. Drawings for the sprinkler system shall also include a statement from the sprinkler subcontractor certifying that the design meets the hydraulic design parameters stated in this specification. Drawings shall include details of fabrica-tion and installation including plans, elevations, sections, details of components, provisions for expansion and contraction, and attach-ments to other work. Also include the hardware schedule and indicate operating hardware types, quantities and locations. Upon com-pletion, the contractor shall submit as-built drawings for all constructed systems. As-built drawings shall include all information as re-quired by NFPA, specifically but not limited to NFPA 13 and NFPA 72.

7. Product Data: Submit manufacturer’s technical product data for all essential equipment and materials to be used in the fire suppres-sion systems.

8. Hydraulic Calculations: Submit hydraulic calculations as part of the shop drawings. Prepare hydraulic calculations in accordance

RFPP06091400002 Page 5 of 35 with NFPA 13 and the following:

a. Minimum operating pressure of any sprinkler shall be according to NFPA 13 and UL listing/FM approval.

b. Pipe friction losses may be calculated by using the nearest foot for all piping over one foot in lengths.

Horizontal lengths less than one foot may be neglected. Vertical length less than one foot shall be included for elevation purposes only.

c. Flows shall be calculated to the nearest whole gallon.

d. Velocity pressures may be neglected.

e. Velocities in all piping shall not exceed 20 feet per second. Velocities in standpipes must be calculated based on the combined sprinkler flow and hose flow.

f. Total sprinkler system flow shall not exceed 110 percent of the required flow.

g. The sprinkler/standpipe risers shall accommodate both the sprinkler and standpipe hose stream flows. Each riser shall accommodate 250 gallons per minute flow for standpipe hose stream.

9. Installer Certificates: Submit certificates signed by manufacturer certifying that installers comply with specified requirements.

10. Operation and Maintenance Manuals: Submit operation and maintenance manuals for alarm check valves and pressure switch.

II. CONTRACTOR SECURITY/WORKING REGULATIONS

A. WORK HOURS

Work Hours for the contractor are 7:30 AM - 2:45 PM, Monday - Friday, excluding weekends and federal holidays. Any work re-quired to be completed at any other time than noted above must be scheduled five (5) working days prior to the start of the work.

Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Con-tractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional facility, as working hours may not constitute a full eight-hour work 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 institu-tion routines.

Contractors should plan for a certain amount of time accrued for security considerations, i.e., check-in screening, delay due to inmate movements, institution lock-down, institution emergencies, etc. In the event of an institution emergency, the Contractor will be in-structed to secure all work, secure and stow all tools, equipment and materials, and the Contractor will be escorted out of the institu-tion. Work will resume once the institution emergency passes.

B. DELIVERY OF MATERIALS

All construction materials/equipment required for work on this project is required to be processed by the Contractor and coordinated with the institution COR for temporary storage.

Any construction related deliveries which are directly shipped to the contractor can be received between the hours of 7:30 a.m. to 2:00 p.m., Monday through Friday, excluding Federal Holidays. At no point will a FBOP staff member receive or sign for a delivery if the contractor or his representative is not present to verify and accept the delivery.

Under no circumstances will FCI Safford or its staff be responsible for the acceptance of any Contractor or company deliveries. The contractor shall be responsible for providing their own means of loading and unloading contractor material or equipment.

The contractor shall not use the institution entry/driveway for the loading, unloading, or storage of any materials and equipment. The contractor will not impede/block the driveway at any time during or after the work shift.

C. STORAGE OF MATERIALS AND EQUIPMENT

The contractor is encouraged to take all materials and tools off of the FCI Safford property every day. If needed, all construction ma-terials/tools shall be stored in a designated area mutually agreed upon between the COR and the contractor. The storage area will be a secure lockable gang box or similar, size to be determined by the contractor and the COR. The contractor shall provide the gang box.

The gang box can be stored outside the secure perimeter and would be required to be double locked with a contractor lock and an FCI Safford lock for security purposes. All tools will be inventoried prior to entering the institution and will be inventoried back in to en-sure accurate accountability when exiting the institution at the end of every work day.

D. SECURITY CLEARANCE/CONTRACTOR BADGES

All contractors and their construction staff awarded the project will be required to attend a four (4) hour orientation and security pro-cedures training. The contractors and any subcontract staff are required to attend. This training must be accomplished prior to any con-tract or subcontract employee being granted access to federal property to start work.

All contractors/subcontractors working at FCI Safford will be issued and required to wear a picture ID/contractor badge provided by the institution. For security reasons, the badge will be worn in a visible manner as directed by the COR.

All contractors and subcontractor employees will provide a check list of all employees on site each day to the COR, verifying the

RFPP06091400002 Page 6 of 35 number of workers on site each day and that all workers are approved to be on site.

E. SAFETY AND PERSONAL PROTECTIVE EQUIPMENT

All contractors and employees shall have and wear the required personal protective equipment (PPE) prescribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide all PPE equipment. All ladders, regardless of the size, shall be stored and secured to a stationary fixture with a chain and lock in a predetermined area, in a way that they cannot be re-moved. If ladders are required, the contractor shall immediately consult with the COR to ensure they can make timely notification to appropriate institution staff. All extension cords, regardless of length, shall be in good condition with no broken outer insulation and shall be secured in a locked construction gang box when not in use. Should a system require Lock-out/Tag-out, the system will be re-quired to have both Contractor and FCI Safford locks on the isolation point to prevent shock. All Lock-out/Tag-out procedures will be in compliance with the institution Lock-out program.

F. ADDITIONAL CONSIDERATIONS

1. Contractors will NOT be allowed to bring cell phones, cameras or two way pagers into FCI Safford. The Facilities Department maintains a digital camera that will be utilized by BOP staff to document the project work. The Contractor may request copies of these documentation photos for record keeping.

2. The Contractor will be permitted to wear jeans in the institution, however, green or khaki-color clothing will not be allowed. The clothes will be proper and suitable for the services that are being provided.

3. Lunches will be consumed at the work site. Contractor shall ensure they have everything they need for their lunch when they check-in first thing in the morning.

4. No smoking or tobacco products will be allowed inside the institution.

RFPP06091400002 Page 7 of 35

Section 3 - Special Contract Requirements

Clauses By Full Text

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

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

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

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

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

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

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

(End of Clause)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201)' 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-term2 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 1-9, OMB No. 1615-0047, " Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

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

•High Risk - Background Investigation (5 year scope) •Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) •Low Risk - National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC)4 portion of the applicable BI that is determined by position sensitivity/risk level.

RFPP06091400002 Page 8 of 35

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 Se-curity Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is-sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items la. and lb. 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 commen-surate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PFV-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-201-22505.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)

DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list

RFPP06091400002 Page 9 of 35 epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

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

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, an-other responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

(End of Clause)

DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information

Security of Systems and Data, Including Personally Identifiable Data.

a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the con-tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice sys-tems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the con-tractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security require-ments, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its re-views.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract in-cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FEPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in ac-cordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

RFPP06091400002 Page 10 of 35

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom-plished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work;

b. Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unau-thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking cor-rective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this con-tract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

B. Information Resellers or Data Brokers

For contracts where the Department obtains PII from a contractor (such as an information reseller or data broker) but the contractor does not handle the data described in Section A of this guidance document, the following clause must be used:

Information Resellers or Data Brokers

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or con-sists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the con-tractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.

(End of Clause)

DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

(End of Clause)

FAO-0001 Bonds

(a) Bid Guarantee. Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in provision 52.228-1, in the form of twenty percent (20) of the

RFPP06091400002 Page 11 of 35 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 Of-ficer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows; a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $150,000 or less)

(1) Performance Bond: The penal sum of 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 selec-ted alternatives (FAR 28.102-1(b)(1)):

(1) A Payment Bond;

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

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

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

(d) Individual Sureties.

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

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

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

RFPP06091400002 Page 12 of 35

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

(1) Performance Bond: The penal sum of 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 selec-ted…