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REPLACE CAMP ROOF PROJECT - SOLICITATION #RFQP05071700013
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SOLICITATION NO. RFQP05071700013
REPLACE CAMP ROOF
FCI EL RENO
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FCI EL RENO
EL RENO, OK 73036
ISSUE DATE: June 20, 2017
OFFER DUE DATE: July 20, 2017, by 3:30 P.M. CST
OFFERS SHALL BE ADDRESSED TO:
FEDERAL BUREAU OF PRISONS
FCI EL RENO
P.O. BOX 1000
EL RENO, OK 73036
ATTN: C. YATES
TITLE:
INSTRUCTIONS TO OFFERORS
OFFER SUBMISSION PROCEDURES
SOLICITATION/REQUEST FOR QUOTATIONS
RFQP05071700013
FCI EL RENO
REPLACE CAMP ROOF
Page 1of4
DEADLINE FOR
RECEIPT OF OFFERS:
JULY 20, 2017
3:30 P.M. CENTRAL STANDARD TIME
MAIL OFFERS TO:
FEDERAL BUREAU OF PRISONS
FCI EL RENO
P . O. BOX 1000
EL RENO, OK 73036
ATTN: CURTIS YATES, CONTRACT SPECIALIST
(405)319-7490
***********************************IMPORTANT**********************************
CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT
WWW.SAM.GOV. THIS IS A 100% SMALL BUSINESS SET-ASIDE. YOUR BUSINESS SIZE
METRICS INFORMATION IN SAM MUST MEET THE SMALL BUSINESS SIZE STANDARD
REQUIREMENT FOR NAICS CODE 238160 (reference FAR provision 52.219-1 in the Representations & Certifications section of your SAM registration) .
I. Each offeror SHALL complete and submit the following forms, clauses, and statements with his/her offer.
Failure to furnish all required information or any rejection of or addition to the terms and conditions of the solicitation may cause y our offer to be considered as non-responsive and ineligible for award.
*SUBMIT PAGES 1, 2, 4, 25-31 OF THE SOLICITATION DOCUMENT*
A. SECTION 1:
Standard Form-1442 - Solicitation, Offer, and Award, pages 1 & 2
Complete blocks 14 thru 20c (remember to include the signer's title in block 20a) . If your company has a "doing business as" name reflected in your SAM registration, include this name as well in block 14. Ensure the address typed in block 14 matches the address in y our SAM registration .
Blocks 21 thru 3lc are to be completed only by the Government!
Include duns# , tax id# , CAGE code, and email address where indicated in block 10 .
B. SECTION 2:
Commodity or Services Schedule, page 4
Complete the unit price (JB = job) and Amount blocks (these amounts will be the same ) .
NOTE: the amounts listed in this section should be the same as the amount listed in block 17 of the Standard Form-1442 .
C . SECTION 6 :
Provisions, page 24
Provision 52.215-20 Alternate-IV:
Submit a cost breakdown of y our quotation pursuant to the instructions in this provision. This listing should be of indiv idual costs (e.g . , labor hours and cost per hour, material units and cost per unit, etc.), not merely lump sums.
D. SECTION 7:
Representations and Certifications, pages 25-31
1. FAR Provision 52 . 204-8
NOTE: Pursuant to section (b) (1) of this provision , provision 52 . 204-7 is included in this solicitation .
Therefore, offeros should not mark either of the two options under section (b) (2) since paragraph (d) AUTOMATICALLY applies. Leave these options unmarked.
2 . FA0-0019
Complete applicable paragraph in entirety (most commonly paragraph (c)). Ensure the date of this certification matches your offer date (block 20c on the SF-1442) .
3. FA0-0021
Complete in entirety.
E. Amendments, if any, must be acknowledged and submitted with the offer by one of the methods described in item eleven of the Standard Form-30 (amendment of solicitation/ modification of contract) .
*SUBMIT PAGES 1, 2, 4, 25-31 OF THE SOLICITATION DOCUMENT*
II . PRE -QUOTATION CONFERENCE / SI TE VISIT:
********************************* IMPORTANT **********************************
A pre-quotation conference and site visit are scheduled for July 11, 2017 at 9:00 a.m. local time at Federal Correctional Institution Camp, 4205 Highway 66 West, El Reno, Oklahoma 73036.
This is the only pre-quotation conference/site visit scheduled. The pre quotation conference/site visit is not mandatory (see provision 52.236-27 Alternate I of the solicitation) . However, all offerers are urged to attend.
NCIC background checks will be required for participants attending this conference . The authorization for release of information (Form BP-A0660 NCIC Check , attached) shall be completed for each attendee and submitted to FCI El Reno and sent to Mr. Robert Rawlins at rrawlins@bop.gov no later than 2:00 p.m. central time on July 10, 2017. For questions on filling out the NCIC form, Mr. Rawlins can be reached at 405-319-7447.
The forms must include a cover letter indicating they are for the Replace Camp Roof project in addition to the following information :
• Company name and list/number of individuals from the company who will be attending.
• Phone number/point of contact for the company for notification of any NCICs that are denied.
NOTE: The FBOP is prohibited from divulging any information regarding any reasons for NCIC denials. Only the fact that a person has been denied will be communi cated to the company point of contact.
The point of contact for the pre-quotation conference/site visit is Curtis Yates, Contract Specialist, (405)319-7490, cxyates@bop.gov.
All offerers shall offer in accordance with the current solicitation to include al l amendments (if any) as issued by the Contracting Officer only .
II I . Each offeror i s requested to s ubmi t t h e fo llowing info rma tion in accordance wi th the i nstructions :
A. Offer Label (see template below)
1 . Thi s label shall be completed a nd used on the envelope c ontaining t he offer . This enve l ope sha l l b e placed inside o f shippi n g box es or envelopes supplied by couriers s uch as FedEx . Complete the information on the l abel and cut and paste or t ransfer it to the LOWER left c o rner of the envelop e c ontaining your offer (not on the courier env elope / packaging) . Print or t ype y ou r name and address in t he UPPER l e f t corn e r of the e nve l ope con taining y our offer .
*Double check all amendments (if issued) for any offer due date extension and enter accordingly on label*
Page 4 of 4 ·
BID/OFFER
SOLICITATION NO.
RFQP05071700013
DATE FOR RECEIPT OF BIDS / OFFERS
7/20/2017
TIME FOR RECEIPT OF BIDS / OFFERS
3:30 PM Central Time
OFFICE DESIGNATED TO RECEIVE BIDS / OFFERS
Federal Bureau of Prisons Federal Correctional Institution El Reno
P.O. BOX 1000
El Reno, OK 73036
CONTRACTING OFFICER NAME
Curtis Yates
RFQP05071700013
SOLICITATION,OFFER,
1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED
AND AWARD B SEALED BID (IFB)
(Construction, Alteration, or Repair) NEGOTIATED (RFP)
RFQP0507l700013 06/20/20 17
IMPORTANT -The "offer" section on the reverse must be fully completed by offeror
5. REQUISITION/PURCHASE REQUEST NO. 16. PROJECT NO.
0187 5B5H
4. CONTRACT NO.
7. ISSUED BY
Federal Bureau of Prisons FCI El Reno P.O. Box 1000 4205 US Hwy 66 West El Reno, OK 73036
CODE l 5B507 8. ADDRESS OFFER TO
Federal Bureau of Prisons FCI El Reno P.O. Box 1000
Attn : C. Yates/Business Office
9. FOR INFORMATION CALL:j a. NAME I b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS)
I CURTIS YATES CXYATES@BOP.GOV 405-319-7490
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 receiving award shall provide all materials, labor, equipment, and supervision to Replace Roof at the Administrative Building of the Satellite Camp located at FCI El Reno in accordance with the requirements of solicitation RFQP05071700013.
•1NCLUDE THE FOLLOWING INFORMATIOW
DUNS NUMBER: ______ _
TIN NUMBER:-------
CAGE CODE:-------
EMAIL: -------
11. The Contractor shall begin performance l 0 calendar days and complete it within 11 7 calendar days after receiving
O award, lKJ notice to proceed. This performance period is lKJ mandatory D negotiable. (See 52 211-10.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).
IKJYES O No
13. ADDITIONAL SOLICITATION REQUIREMENTS:
2b. CALENDAR DAYS
a. Sealed offers in orig inal and ____ .copies to perform the work required are due at the place specified in item 8 by 15:30 (hour) or 3:30 pm central time/ local time 0V2Qa0/ 7 (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 offerer's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee D is, Q is not required. (See FA0-0001 Bonds, on page 8 for bid bond applicability)
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than _6_0 ___ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .
NSN 7540-01 -155-3212 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
RFQP0507170001 3 Page 2 of 31
OFFER (Must be fully completed by offeror)
14. NAME AN D ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this sohc1tat1on , 1f this offer 1s accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.}
AMOUNTS
TOT AL FIRM-FIXED PRICE OFFER AMOUNT: $ ___ _
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 20b. SIGNATURE 20c. OFFER DATE (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
X3-FP050703PZ-585H-25CC YREG: S5H50001
24. SUBMIT INVOICES TO ADDRESS SHOWN IN I ITEM
25.r2iHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unless otherwise specified) I (10 U.S.C. 2304(c) () n 41 U.S.C. 253(c) ()
26. ADMINISTERED BY I 15B507 27. PAYMENT Wil l BE MADE BY
Federal Bureau of Prisons ,__---- -------1 Federal Bureau of Prisons FCI El Reno FCI El Reno P.O. Box 1000 P.O. Box 1000 4205 US Hwy 66 West El Reno, OK 73036 4205 US Hwy 66 West
El Reno, OK 73036
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
D 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document Q 29. AWARD (Contractor is not required to sign this document.) Your offer on and return copies to issuing office) Contractor agrees to furnish and s solicitation is hereby accepted as to the items listed. This award consummates deliver all items or perform all work requirements identified on this form and any the contract, which consists of (a) the Government solicitation and your offer, and (b) continuation sheets for the consideration stated in this contract. The rights and this contract award. No further contractual document is necessary.
obligations of the parties to this contract shall be governed by (a) th is contract award, (b) the solicitation, and (c) the clauses, representations, certifications , and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31 a. NAME OF CONTRACTING OFFICER (Type or print) (Type or print)
Curtis Yates
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
STANDARD FORM 1442 (REV. 4-85)BACK
£illiQn
RFQP05071700013 Page 3 of 31
Table of Contents
Description Paee Number
Solicitation, Offer and Award Commodity or Services Schedule Special Contract Requirements Contract Clauses .. :
Attachments Solicitation Provisions Representations and Certifications
RFQP05071700013 Page 4 of 31
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 REPLACE ROOF AT ADMINSTRATIVE BUILDING OF THE 1.000000 JB $ $
SATELLITE CAMP LOCATED AT THE FEDERAL
CORRECTIONAL INSTITUTION, EL RENO, OKLAHOMA, IN
ACCORDANCE WITH SOLICITATION RFQP05071700013.
NO ADDITIONAL LINE INFORMATION
THE SUCCESSFUL CONTRACTOR SHALL BE RESPONSIB LE FOR ALL APPLICABLE FEDERAL, ST ATE, AND LOCAL TAXES. THE TOTAL PRICE SHALL BE WRITTEN rN BLOCK 17 OF THE STANDARD FORM 1442
RFQP05071700013 Page 5 of 31
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 wi ll be amended. Fai lure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.
(t) 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 oflicenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
52 .21-603-70 Contracting Officer's Representative (COR) (June 20 12)
(a)ROBERT RAWLINS ,ENGINEERING TECHNICIAN , FCI EL REN0,405-3 19-7447, is hereby designated as the Contracting Of ficer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supp lies or services provide hereunder in accordance with the tenns and conditions of this contract; providing direction to the contractor which clarifies the con tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
( c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed tenns, 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.
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)
During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee ism as our federal employees. Although the Excusable Delays and Tennination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract perfonnance, we expect our contractors to make a reasonable effort to keep perfonnance 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.
RFQP05071700013 Page 6 of 31
Contractors are expected to have reasonab le policies in place for continuing work perfonnance, 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 publ ic health service.
Cross-train workers as backup for all positions performing critical services. This is particu larly 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 suc cessful 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 (suppl ies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices ; agencies or contract ors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropri ate.
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 usual or customary duties.
Identify how time and attendance will be maintained.
It is the contractor's responsibi li ty to advise the Government Contracti ng Officer if they anticipate not being able to perform and to work with the Department to fi ll gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab sence, another responsible person in the contracting offi ce via telephone or emai l messages acknowledging the contractor's notifica tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work di ligently with the Department to develop a strategy for maintaining the continuity of operations.
The, Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts fo r cri tical support services. Any new contracting efforts would be acqui red fo llowing the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibil ities, of the Federal Acquisition Regulations.
[End of Clause]
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
Compliance with Homeland Securi ty Presidential Directive- 12 (HSPD- 12) and Federal Information Processing Standard Publication 20 1 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.
I. Long-Tenn Contractor Personnel:
In order to be compliant with HSPD- 12/PIV I, the fo llowi ng investigative requi rements 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 fonns of identification in original form prior to badge issuance (acceptable documents are li sted in Form I-9, OMB No. 1615-0047, "Employment Eligibil ity 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 identi fica tion documents. This identity proofi ng 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 leve l associated with the duties of each position.
Outlined below are the minimum BI requi rements 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 posi tion sensitivity levels are a:
I) Favorable review of the securi ty questionnaire fo rm;
2) Favorable fi ngerprint results ;
3) Favorable credit report, if required;3
4) Waiver request memorandum, including both the Office of Personnel Management schedule date and posi tion sensitivity/risk level;
and
5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable Bl that is detennined by position sensitivity/risk level.
A badge may be issued fo llowing approval of the above waiver requirements.
If the NAC is not received within five days ofOPM's schedul ing date, the badge can be issued based on a favorab le review of the Se-
RFQP05071700013 Page 7 of 31 curity Questionnaire and the Federal Bureau oflnvestigation Criminal History Check (i .e., fingerprint check results).
e. Badge re-validation wi ll occur once the investigation is completed and favorab ly adjudicated. If the BI results so justify, badges is sued under these procedures wi ll be suspended or revoked.
2. Short-Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items I a. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:
a. Favorable review of the security questionnaire fonn;
b. Favorable fingerprint results;
c. Favorable credit report, ifrequired;5 and
d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen surate BI does not need to be initiated.
A badge may be issued following approval of the above waiver requi rements 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-1 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-tenn 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 11 long-tenn 11 and must be cleared according to the long-tenn requirements as stated in this interim policy.
3. Intennittent Contractors:
An exception to the above-mentioned short-tenn requirements would be intermittent contractors.
a. For purposes of this policy, 11 intennittent11 is defined as those contractor employees needing access to DOJ infonnation 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 intennittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 200 I, Department Security Officer policy memoranda that conveys the requirements for contractor faci lity 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 intennittent 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 ex iting the same fac ili ty or space.
e. If an intermittent contractor is approved for unescorted access, the approval wi ll 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), favorab ly adjudicated BI meeting HSPD-1 2 and DOJ's BI requirements .
5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
Notes:
I . FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips201 /FIPS-201-022505 .pdf
2. Under HSPD-12, long-tenn contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-tenn contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.
3. For contractors in position sensitivity/risk levels above level I, a favorab le 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 11 311 must be placed in block" B 11 of the 11 Agency Use Only 11 section of the investigative fonn. This report is available for all case types.
5.For contractors in position sensitivity/risk levels above level I, 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 perfonnance under a contract or commit ment, individuals or contractor employees providing services must have:
I . Legally resided in the United States (U.S.) ;
2. worked for the U.S. overseas in a Federal or military capacity; or
3. been a dependent of a Federal or military employee serving overseas.
Ifthe individual is not a U.S. citizen, they must be from a country allied with the U.S. The fo llowing website provides current infonn ation regarding allied countri es: 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]
RFQP05071700013 Page 8 of 31
F A0-000 I 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)
(b) Performance and Payment Bonds. Within I 0 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 Fonn 25A). The penal sums of such bonds wi ll be as follows : (Not required for contracts of $150,000 or less)
(I) Performance Bond: The penal sum ofperfonnance bonds at the time of contract award shall be 100 percent of the ori-ginal contract price.
(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be I 00 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 cons ideration to inclusion of an irrevocable letter of credit as one of the selec ted alternatives (FAR 28. 102-1 (b)(I )):
(I) A Payment Bond;
(2) An irrevocable letter of credit (ILC);
(3) A tripartite escrow agreement;
(4) A Certificate of Deposit; or
(5) A deposit of the types of security listed in 28 .204- 1 and 28.204-2.
(d) Individual Sureties.
(I) Bidders may elect to furnish individual surety bonds. If individual surety bonds are furnished for bid guarantees, pay-ment 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 pre pared by a Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP). Statements from a CPA that contain disclaimers are not acceptable. The statement of net worth on the Standard Form 28, Affidavit of Individual Surety, is insufficient and will not be accepted without additional proof of value and ownership.
(2) Bidders are cautioned that individual sureties must provide complete and detailed information in Block 9 of Standard Form 28 concerning other contracts on which they have provided bonds. This information shall include contract number, contract loc ation, 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.
F A0-000~ Magnitude
The magnitude of this project is between $25.000.00.00 and $100.000,00.00.
F A0-0003 Required Insurance
See FAR 52 .228-5, Insurance - Work on a Government Installation.
The Contractor shall , at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the
Schedule or elsewhere in the contract.
TYPE AMOUNT
RFQP05071700013 Page 9 of 31
(I) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000
The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum li ability of $ 100,000.
(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:
PER ACCIDENT OR
OCCURRENCE FOR BODILY INJURY $500,000
This insurance shall include contractor's protective and contractual liabi li ty.
(3) COMPREHENSIVE AUTOM0BILE LIABIUTY with the following minimum limits :
PER PERSON
PER OCCURRENCE FOR BODILY INJURY
PER OCCURRENCE FOR PROPERTY DAMAGE
F A0-0004 Pre-Construction Conference
$200,000
$500,000
$ 20,000
(a) Prior to the start of construction, Contracting Officers shall call a conference with the contractor, subcontractor(s), Warden, Controller/Business Administrator, Safety Manager, Facilities Administrator, Project Representative, A&E firm, Captain and other in terested personnel to discuss the statutory labor standards, prevailing wage requirements, submission of the contractor's payrolls, sub contractor's responsibilities, institution work schedules, local policies, contraband, parking, storage of vehicles and equipment, etc.
Minutes of the conference shall be recorded, listing the names and titles of all attendees, and the subject matter of all items covered.
The minutes shall be signed by the contractor and the Contracting Officer, and a signed copy placed in the contract file.
(b) The Contractor shall familiarize himself/herself with all procedures involved in 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.
F A0-0005 Submittals
Within 10 calendar days after commencement of work or as otherwise estab lished by the Contracting Officer, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor.
The submittal process is in place to allow the Government the opportunity to determine whether materials or procedures used by the contractor are in accordance with contract requirements . It is ultimately the Contractor's responsibility via the quality control process to ensure submittal items installed under the contract and work performed on site are in accordance with industry standards and gener al practices.
(a) The types of submittal requirements specified in this contract may include, but is not limited to; shop drawings, product data, samples, certificates of confonnance or compliance, certified test or inspection reports, equipment, materials, and miscellaneous work related submittals for construction. Individual submittal requirements are generally specified in applicable sections for each unit of work in the specifications and/or as a whole in one section in the statement of work.
(b) The Bureau of Prisons (BOP) Contracting Officer' s Representative (COR) shall act for the Contracting Officer in the review
RFQP05071700013 Page 10 of 31 and acceptance of all submittals. The Contractor shall submit submittals as required by the contract/specifications to the COR for transmittal to the Contracting Officer. Fabrication of any work or purchase or use of any submittals (such as materials for which samples are required or equipment, etc.) shall not take place until written acceptance is given by the COR, except at the Contractor's own risk.
(c) The Contractor shall submit all shop drawings and submittals sufficiently in advance (unless otherwise specified in the spe-cifications) of the construction requirements to allow ample time for checking, re-submitting, and re-checking.
(d) Failure of any materials to pass their specified tests shall be sufficient cause for refusal to consider, under this contract, any fur-ther samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which has previously proven unsatisfactory in service.
(e) The Contracting Officer's or designee's approval or acceptance of submittals is not to be construed as a complete check. Ap-proval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work. The Contractor is responsible for delivering a fina l product/system that is operational as intended by the contract requirements, regardless of any Government approvals or acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly func tioning product or system.
F A0-0006 Contractor Use of Premises
Work Hours The project schedule is based on a normal forty (40) hour work week, eight (8) hours per day, Monday through Friday, excluding Fed eral holidays. The Contracting Officer's Representative (COR) shall establish the work hour time frames for the duration of the project, subject to the approval of the Contracting Officer. Work hours and work days may be altered only with a 48 hour advance ap proval of the Contracting Officer.
NOTE: Access to the site will be avai lable during nonnal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional fa cility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by nonnal in stitution routines . The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.
Contraband The Contractor shall inform his employees that intoxicating beverages, drugs, weapons, etc., will not be allowed on the site. Introduc tion of contraband shall be subject to the penalties prescribed by Title 18 USC-179 1.
Explosives The use of explosives is absolutely forbidden without written authorization from the Contracting Officer.
Parking and Temporary Office Parking will be avai lable at the site to the extent it does not interfere with construction activities. Otherwise, parking shall be provided for by the Contractor, at his expense, off the site for workmen employed on the project. Any temporary field office used by the Con tractor shall be located in an area approved by the COR.
Safety and Accident Prevention In performing work under this contract the contractor shall:
(a) Conform to the specific safety requirements established by this contract;
(b) Comply with the safety rules of the Government institution that concern related activities not directly addressed in this con-tract;
(c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel perfonning or in any way coming in contact with the performance of this contract; and
(d) Take such additional immediate precautions as the Contracting Officer and/or COR may reasonably require for safety and acci-dent prevention purposes.
F A0-0007 Payment Services
(a) Original application for payment shall be prepared on AIA (American Institute of Architects) Fonn G-702 "Application and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another fonn ; however, it shall contain
RFQP05071700013 Page 11 of 31 similar information as the AJA Form G-702. The Contracting Officer will approve the amount of payment by signing and forwarding the application and certificate as follows: Original to Accounting; Copy for Contract Award File.
(b) All small business contractors are required to self-certify on all invoices their small business status.
F A0-0008 Request for Final Inspection
The Contractor shall give the Contracting Officer's Representative (COR) a minimum of ten (I 0) working days advanced written no tice of the date on which the work wi ll be fully completed and ready for the Government 's final inspection.
F A0-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual)
The following security measures wi ll be applied to all contract employees who wi ll be working under the terms of the contract:
National Crime Infonnation Center (NCIC) Check Name Check Fingerprint Check (FD-258) OF-306, Declaration for Federal Employment, and Appropriate Resume or Optional Application Contract Pre-employment Form Release of Information
F A0-0010 Assignment of Contract Administration Office and Functions
Pursuant to FAR 42 .201 and 42.~02, the assigned Contract Administration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perform all of the contract administration functions listed in FAR 42.302(a) and 42.302(b) to the extent that those functions apply to the contract.
F A0-0012 Progress Meetings
The Administrative Contracting Officer (ACO) shall conduct progress meetings at the project site on a monthly basis, or at intervals as determined by the ACO.
(a) At a minimum, the attendees shall include but is not limited to :
( 1) FBOP: Administrative Contracting Officer, Contracting Officer 's Representative (COR), Facility Administrator/Man-ager, Architect/Engineer (if applicable), Other Personnel (Executive Staff, Captain, Safety Manager, etc.).
(2) Contractor: Project Manager, Superintendent, and technical support disciplines as appropriate (Subcontractors, Manu-facturers, Suppliers, etc.).
(b) The meeting should include, but is not limited to issues such as :
Administrative Contracting Officer:
(I) Old business from previous progress meeting(s);
(2) Status of modifications, certified payrolls, submittals, requests for infonnation (RFI);
(3) Review of payments made to date and review/approve current payment request;
( 4) Status of modification proposal requests ;
(5) Discuss new business.
(I) Status of escort coverage;
(2) Review gate or sallyport entrance/exit issues;
(3) Discuss other delays contractor may be experiencing;
(4) Discuss performance/quality issues.
RFQP05071700013
Contractor:
( 1) Review/discuss updated progress schedule;
(2) Provide 30 day outlook;
(3) Discuss other issues affecting performance.
F A0-0014 Contract Closeout Procedures (for construction contracts $ 150,000 or less)
Contract Closeout must be completed upon receipt of.property and final payment.
Prior to payment of final invoice:
The Contractor shall submit the following documentation:
( 1) Guarantees and warranties;
(2) All operation/maintenance manuals ;
(3) Consent of Surety to Final Payment (AJA Document G707) , ifthe contractor furnished a bond;
(4) Release of Claims (GSA Form 1142);
(5) Evidence of no pending labor disputes ;
(6) As-built drawings/shop drawings, (if applicable) ;
(7) Contractor's final invoice.
AJA forms can be obtained from The American Institute of Architects at www.aiabookstore.com.
GSA forms can be obtained from the General Services Administration at www.gsa.gov (click on the "Forms Library" link).
RFQP05071700013 Page 13 of 31
Section 4 - Contract Clauses
Cl B Rf a uses 1y e erence
52.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address( es): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52 .246-12 Inspection of Construction (Aug 1996)
52.228-11 Pledges of Assets (Jan 2012)
52.229-3 Federal , State and Local Taxes (Feb 2013)
52 .232-5 Payments under Fixed-Price Construction Contracts (May 2014)
52.232-17 Interest (May 2014)
52.232-23 Assignment of Claims (May 2014)
:J2.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)
52 .232-27 Prompt Payment for Construction Contracts (Jan 2017)
52 .232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52 .232-33 Payment by Electronic Funds Transfer - System for Award
Management (Jul 2013)
52.222-9 Apprentices and Trainees (Ju ly 2005)
52.222-11 Subcontracts (Labor Standards) (May 2014)
52.222-10 Compliance with Copeland Act Requirements (Feb 1988)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(Oct 2016)
52 .204-13 System for Award Management Maintenance (Oct 2016)
52.222-15 Certification of Eligibility (May 2014)
52 .209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred , Suspended, or Proposed for Debarment (Oct
2015)
52 .209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov
RFQP05071700013 Page 14 of 31
Clause Title Fill-ins (if applicable)
~015)
152.219-6 Notice of Total Small Business Set-Aside (Nov 2011 )
152 222-27 ~ffirmative Action Compliance Requirements for Construction (Apr
~015)
152.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)
152.222-14 Disputes Concerning Labor Standards (Feb 1988)
52 .222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.222-26 Equal Opportunity (Sept 2016)
52 .222-3 Convict Labor (June 2003)
52.222-6 Construction Wage Rate Requirements (May 2014)
52.222-13 Compliance with Construction Wage Rate Requirements and Related
Regulations (May 2014)
52.222-7 Withholding of Funds (May 2014)
152.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.222-8 Payrolls and Basic Records (May 2014)
52.222-12 Contract Termination - Debarment (May 2014)
152.222-37 Employment Reports on Veterans (Feb 2016)
152.222-50 Combating Trafficking in Persons (Mar 2015)
152.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)
152.223-2 ~ffirmative Procurement of Biobased Products Under Service and
Construction Contracts (Sep 2013)
152.223-5 Pollution Prevention and Right-to-Know Information (May 2011)
52 .223-6 Drug Free Workplace (May 2001)
52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)
152.223-17 ~ffirmative Procurement of EPA-designated Items in Service and
Construction Contracts (May 2008)
152.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
(Aug 2011)
152.225-13 Restrictions on Certain Foreign Purchases (June 2008)
152.227-1 ~uthorization and Consent (Dec 2007)
152.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(Dec 2007)
RFQP05071700013 Page 15 of 31
62 .227-4 Patent Indemnity - Construction Contracts (Dec 2007)
52.228-2 Additional Bond Security (Oct 1997)
52 .228-5 Insurance - Work on a Government Installation (Jan 1997)
52.233-3 Protest after Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.236-2 Differing Site Conditions (Apr 1984)
52 .236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)
:>2 .236-5 Material and Workmanship (Apr 1984)
52.236-6 Superintendence by the Contractor (Apr 1984)
52.236-7 Permits and Responsibilities (Nov 1991)
52.236-8 Other Contracts (Apr 1984)
52 .236-9 Protection of Existing Vegetation , Structures, Equipment, Utilities, and
Improvements (Apr 1984)
52 .236-10 Operations and Storage Areas (Apr 1984)
52.236-11 Use and Possession Prior to Completion (Apr 1984)
52 .236-12 Cleaning Up (Apr 1984)
52 .236-13 Accident Prevention (Nov 1991) \
:>2 .236-14 Availability and Use of Utility Services (Apr 1984)
:>2.236-17 Layout of Work (Apr 1984)
52.236-26 Preconstruction Conference (Feb 1995)
52.243-5 Changes and Changed Conditions (Apr 1984)
:>2.244-6 Subcontracts for Commercial Items (Jan 2017)
:>2.246-21 Warranty of Construction (Mar 1994)
52.248-3 Value Engineering--Construction (Oct 2015)
52 .249-1 Termination for Convenience of the Government (Fixed-Price) (Short
Form) (Apr 1984)
152.249-10 Default (Fixed-Price Construction) (Apr 1984)
152.253-1 Computer Generated Forms (Jan 1991)
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II (Apr 1984)
52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)
52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997) - Alternate II
(Apr 1984)
RFQP05071700013 Page 16 of 31
52.222-21 Prohibition of Segregated Faci lities (Apr 2015)
52.242-14 Suspension of Work (Apr 1984)
Clauses By Full Text
52.222-35 Equal Opportunity for Veterans (Oct 2015)
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22 .130 I.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 20 14. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualifi ed protected veterans.
( c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $ 150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Com pliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741 .5(a), as of March 24, 2014. This clause prohibits discrimination against quali fied individuals on the basis of disability, and requires affinn ative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $ 15,000 un less exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the tenns, including action for noncompliance.
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