Fireproofing RFQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP06091200007

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/31/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brandon Wilson

b. TELEPHONE NUMBER (No collect calls)

928-348-1360

8. OFFER DUE DATE / LOCAL

TIME

06/13/2012 17:00:00

CODE SAF

Federal Bureau of Prisons FCI Safford

PO BOX 820

SAFFORD, AZ 85546

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100 % FOR:

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMAN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NAICS: 444190

SIZE STANDARD: E03

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

SAFCODE15. DELIVER TO

Federal Bureau of Prisons FCI Safford

1529 W. US HWY 366

CODE SAF16. ADMINISTERED BY

Federal Bureau of Prisons FCI Safford

PO BOX 820

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

SAFCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Safford

1529 W. US HWY 366

SAFFORD, AZ 85546

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DUNS __________________________

TIN _____________________________

POC PHONE ______________________

EMAIL __________________________

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Brandon Wilson

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP06091200007 Page 1 of 24

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 5/2011) BACK

RFQP06091200007 Page 2 of 24

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

1.1 Statement of Work

3 Contract Clauses

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

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

2004) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) FAO-0006 Inspection of Work FAO-0010 Work Hours FAO-0011 Contraband FAO-0014 Safety and Accident Prevention FAO-12 Explosives 52.204-7 Central Contractor Registration (Feb 2012) 52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

4 List of Attachments 5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 23

52.212-1 Instructions to Offerors--Commercial Items (Feb 2012) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

RFQP06091200007 Page 3 of 24

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 The contractor shall supply and apply the sprayed-on fireproofing inside the new visitation building in accordance with the statement of work, project plans, and specifications. Price to include all material, equipment, labor and miscellaneous expenditures deemed necessary to complete this work in compliance with the most current industry standards, National Fire Protection Association and the National Electric Code.

1.000000 JB $____________ $___________________

1.1 Statement of Work

STATEMENT OF WORK

Sprayed-on Fireproofing for the new Visitor's Building - Project 6A1Q

Federal Correctional Institution Safford, Arizona

May 16, 2012

A.

INTRODUCTION

The Federal Correctional Institution in Safford, Arizona intends to make a single award to a responsible entity to furnish and apply the Sprayed-on Fireproofing inside the new Visitor's Building. The new Visitor's Building is approximately 6518 square feet. The project plans and specifications require sprayed-on fireproofing on the structural steel framing, and also on the underside of the metal roof deck. The pertinent plan sheets for the sprayed-on fireproofing portion of the project are attached to this statement of work, as is Section 07251 - Sprayed-on Fireproofing of the project specifications.

B. PLACE OF PERFORMANCE

The contractor shall provide the services required to fulfill the above listed tasks at the following location:

FCI Safford

1529 West Hwy 366

Safford, Arizona 85546

C. EQUIPMENT/SUPPLIES

All equipment, materials, tools and supplies shall be provided by the Contractor.

RFQP06091200007 Page 4 of 24

D. QUALITY ASSURANCE

The services and materials provided will be consistent with industry standards, National Fire Protection Associ-ation (NFPA), American Society for Testing and Materials (ASTM), and Underwriters Laboratories (UL). The performance of these services will be verified by the Contract Monitor (CM) for this contract. Specifically, the contractor shall comply with the following:

1. The contractor shall provide sprayed-on fireproofing products identical to those used in assemblies tested for the following fire-test-response characteristics:

a. Fire-Resistance-Ratings, tested per ASTM E 119.

b. Surface-Burning Characteristics, tested per ASTM E 84.

2. The contractor shall engage an experienced installer who is certified, licensed, or otherwise qualified by the sprayed-on fireproofing manufacturer as having the necessary experience, staff, and training needed to in-stall the manufacturer's products per the specified requirements.

3. The contractor shall obtain sprayed-on fireproofing materials from a single manufacturer for each differ-ent product required.

4. The owner will employ and pay a qualified independent testing agency to perform field quality-control testing services. In the event that the testing agency finds that fireproofing does not comply with specified re-quirements for cohesion, adhesion, or density, the contractor shall remove and replace fireproofing. If the test-ing agency indicates that the fireproofing thickness does not comply with requirements, the contractor shall ap-ply additional fireproofing per the manufacturer's directions.

5. The contractor shall provide fireproofing products that contain no detectable asbestos.

6. The contractor shall submit and execute a written warranty, cosigned by the installer, agreeing to repair or replace sprayed-on fireproofing that has failed within 2 years from the date of Substantial Completion.

E. PRODUCTS

1. Concealed Sprayed-on fireproofing materials shall be the types listed below, or similar material.

a. Pyrolite 1, Carboline Fireproofing Products Division, Carboline Co.

b. Monokote Type MK-6, Construction Products Division, W.R. Grace & Co.--Conn.

c. Monokote Type MK-6/ED, Construction Products Division, W.R. Grace & Co.--Conn.

d. Mandolite CP2, Mandoval Vermiculite Products, Inc.

2. Auxiliary fireproofing materials shall be the types listed in the project specifications. The materials shall be compatible with all sprayed-on fireproofing products and substrates used in the project. The materials must be approved by UL or another testing and inspecting agency acceptable to authorities having jurisdiction for use in the fire-resistive designs indicated.

F. EXECUTION OF WORK

1. The contractor shall supply all materials, tools, equipment and labor to complete the sprayed-on fireproof-ing portion of the Visitor's Building project. The sprayed-on fireproofing shall be of sufficient thickness to provide the fire rating listed by UL:

a. Structural Steel Frame - 2 hour

b. Metal Roof Deck - 1 hour

2. The contractor shall:

a. Examine all substrates to determine if they are in satisfactory condition to receive sprayed-on fireproof-ing. The contractor shall conduct tests according to sprayed-on fireproofing manufacturer's recommendations to verify that the substrates are free of any material capable of interfering with the bond of fireproofing and sub-strates.

b. Clean substrates of any substance that could impair the bond of fireproofing.

c. Prime substrates where recommended by the fireproofing manufacturer.

RFQP06091200007 Page 5 of 24

d. Repair substrates to remove any surface imperfections that could affect uniformity of texture or thickness in the fireproofing surface.

e. Cover any other work which may be subject to damage from overspray of fireproofing materials during ap-plication. If work is not successfully protected, the contractor shall repair or replace that work.

f. Install metal lath, as required, to comply with fire-resistance ratings and recommendations of fireproofing manufacturer for conditions of exposure and intended use.

g. Apply concealed fireproofing in thicknesses and densities indicated but not less than those required to achieve the fire-resistance ratings listed above.

h. Immediately after completing spraying operations in each containable area of the project, remove material over-spray and fall-out from surfaces of other construction and clean the exposed surfaces to remove evidence of soiling.

i. Cure exposed cementitious fireproofing materials according to fireproofing manufacturer's recommenda-tions to prevent premature drying.

j. Protect fireproofing according the fireproofing manufacturer's recommendations.

k. Coordinate the installation of fireproofing with other construction to minimize the need to cut or remove fireproofing.

G. SUBMITTALS

The contractor shall submit the following items:

1. Product data for each sprayed-on fireproofing product indicated, including certification by the manufac-turer that the products to be applied comply with local regulations controlling the use of volatile organic com-pounds, or VOCs.

2. Shop drawings in the form of structural framing plans indicating where and what kinds of surface prepara-tions are required before applying fireproofing, the extent of sprayed on fireproofing for each different construc-tion and fire-resistance rating, and the treatment of fireproofing after its application.

3. Test reports for sprayed-on fireproofing from a qualified independent testing agency indicating that the physical properties of the proposed sprayed-on fireproofing products comply with specified requirements based on comprehensive testing of current product formulations.

4. Test reports for primers and other coatings applied to structural steel from a qualified independent testing agency indicating that primers and coatings proposed for application are compatible with sprayed-on fireproof-ing.

5. Product certificates from fireproofing manufacturers that each sprayed-on fireproofing product indicated for the project complies with specified requirements, including those for fire-test-response characteristics and compatibility with adhesives, primers, and other surface coatings on substrates indicated to receive fireproof-ing.

6. Qualification data for firms and persons involved in the fireproofing project that demonstrates their capab-ilities and experience.

7. Research reports or evaluation reports of the model code organization acceptable to authorities having jurisdiction showing that sprayed-on fireproofing products comply with local building codes in effect for the project.

H. UTILITIES

1. The FBOP shall provide minimal electricity service (120V) for small hand tools, radios, battery chargers, etc.

2. The FBOP shall provide restroom services.

3. The FBOP shall not be responsible to provide any telephone or communication lines through any pro-vider for personal or business use.

I. ADDITIONAL INFORMATION

RFQP06091200007 Page 6 of 24

1. The normal work schedule for the institution is 7:30 AM - 2:45 PM, Monday - Friday, excluding federal holidays. Any other work accomplished on days other than these will need to be scheduled in advance with at least a 24 hour notice, in writing to the Warden. To ensure that the work creates a minimal disruption of the in-stitution, the contractor shall submit a work sequence/schedule to the Contract Monitor. The schedule shall be approved by FBOP personnel for security and safety purposes with a 48 hour advance notice in writing, prior to any interruption.

2. A site visit shall be scheduled prior to the close of the Request for Quotations (RFQ). Vendors are en-couraged to attend, although not required. The contractor may inspect the visitor's building at that time.

3. All work on this project shall meet all current Federal, State, and local building codes and National Fire Protection Association (NFPA) codes and standards.

4. 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 materials and all equipment shall be promptly removed from the site upon completion of the work. Prior to final acceptance, the Contractor shall restore all areas affected by his work to their original state of cleanliness and repair all damage done to the premises, by his workmen and equipment.

5. Contractor Security/Working Regulations.

a. Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional facility, as working hours may not constitute a full eight-hour 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 institution routines. The procedures and institutional entrance/exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.

b. Any work required to be completed at any other time than noted above must be scheduled five (5) work-ing days prior to the start of work.

c. No work will be conducted on weekends, or federal holidays unless prior written approval is obtained from the Contracting Officer. Requests must be submitted in writing at least five (5) working days prior to the start of the work.

6. Occupancy Requirements

a. Full Bureau of Prisons (BOP) Occupancy: The BOP will occupy the site during the entire construction period. The contractor shall cooperate with the BOP during construction operations to minimize conflicts and facilitate government usage. Contractor shall perform the work so as to not interfere with the BOP's opera-tions.

7. Delivery of Materials

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

b. All other 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 Bureau of Prisons (BOP) 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 re-sponsible for the acceptance of any Contractor or company deliveries.

c. The contractor shall be responsible for providing their own means of loading and unloading contractor material or equipment.

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

8. Storage of Materials and Equipment

a. All construction materials/tools shall be stored in a designated area mutually agreed upon between the Contract Monitor and the contractor. The storage area will be a secure lockable gang box or similar, size to be determined by the contractor and the Contract Monitor. A gang box can be stored inside the rear gate area and would be required to be double locked with a contractor lock and an FCI Safford lock for security pur-poses. All tools will be inventoried prior to entering the institution and will be inventoried back in to ensure ac-curate accountability when exiting the institution at the end of the work day.

9. Security Clearance/Contractor Badges

a. 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

RFQP06091200007 Page 7 of 24 as directed by the Contract Monitor. Note: This will also be dependent upon the actual length of time that the Contractors are expected to be on-site.

b. The Contractor shall be responsible for providing the necessary information for security clearance on em-ployees to the Contract Monitor; including names, date of birth, social security number, and U.S. Citizenship documentation, if not U.S. born.

c. In the event a Contractor's employee does not pass the security clearance, it shall be the Contractor's re-sponsibility to submit another employee for security clearance.

d. All security clearances shall be submitted to the Contract Monitor, a minimum of fourteen working days prior to the start of work. Security clearances will be in effect for the term of one year, and prior to the time of expiration it is the responsibility of the contractor/worker to notify the Contract Monitor to have clearance con-ducted and a badge issued.

e. All contractors and subcontractor employees will provide a check list of all employees on site each day to the Contract Monitor, verifying the number of workers on site each day and that all workers are approved to be on site.

10. Safety and Personal Protective Equipment

a. All contractors and employees shall have and wear the required personal protective equipment pre-scribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide such equipment.

b. 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 removed.

c. All extension cords regardless of length shall be in good condition with no broken outer insulation and will be secured in a locked construction gang box.

d. Any system requiring Lock-out/Tag-out shall 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 pro-gram.

11. FCI Safford staff shall ensure all power sources required for safety to prevent back feeding are locked-out and tagged-out with Contractor and FCI Safford representative signatures.

12. FCI Safford staff will ensure a representative is present to allow access to all areas requested by the Con-tractor.

13. The Contractor shall provide to the Contract Monitor (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 responsibility of the Contractor to locate and procure an al-ternative product.

14. 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 have copies of these documentation photos for record keeping.

15. Any deviations from the work schedule hours must be approved by the Contracting Officer and Contract Monitor.

16. At no point will FCI Safford staff receive or sign for a delivery of the Contractor's materials, parts, equip-ment or other related construction items. The Contractor shall accept these deliveries and coordinate with the Contract Monitor the transfer of the delivered items to the work site.

17. Lost time due to security restrictions/considerations. 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 instructed to secure all work, secure and stow all tools, equipment and materials, and the Contractor will be escorted out of the institution. Work will be suspended until the institution emergency passes.

18. The Contractor shall be responsible for removing all old existing equipment and materials from institution property.

19. All Contractors and their construction staff awarded the project will be required to attend a four-hour orient-ation and security procedures meeting. The Contractors and their construction staff shall be required to attend.

RFQP06091200007 Page 8 of 24

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this con-tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer-ence. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

RFQP06091200007 Page 9 of 24

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Trans-fer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the deliv-ery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall --

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

RFQP06091200007 Page 10 of 24

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement in-tegrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

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(9) The specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses by Full Text

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

(a)Dave Ward ,General Foreman , FCI Safford,928-348-1353, is hereby designated as the Contract Monitor (CM) under this contract.

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

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

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

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

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

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

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

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

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

3. Intermittent Contractors:

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

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

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

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.

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

Notes:

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

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

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

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

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

[End of Clause]

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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…