RFQP06121600001A.pdf

U.S. Department of Justice Federal Bureau of Prisons Federal Correctional Institution 27072 Ballston Rd.

Sheridan, OR 97378

December 17, 2015

RE: RFQP06121600001A, Replacement of Food Service Flooring Federal Correctional Institution, Sheridan, Oregon

Dear Quoter:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Institution, Sheridan, Oregon, for the construction of, to include but not limited to, the removal of the existing flooring and installation of approx.

5500 sq. ft. of seamless cementitious urethane slurry flooring system in the Food Service Department at FDC Sheridan. This package contains all the necessary information for submitting a quote. When submitting quotes, respondents should consider all information provided in the RFQ. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of quotes.

All contractors doing business with the Federal Government shall be registered in the System for Award Management (sam.gov) database pursuant FAR 52.212-4. If you are not registered, please go to www.sam.gov to complete the registration process.

Respondents shall include their Data Universal Number System (DUNS). The Contracting Officer will verify registration in the SAM database prior to award by entering the potential contractor’s DUNS into the SAM database.

All potential offerors are also advised that this solicitation includes the Federal Acquisition Regulation (FAR) clause 52.204-8 (Jan 2006) Annual Representations and Certifications. This clause requires all contractors must have completed the annual representations and certifications electronically via the Online Representations and Certification Application (ORCA) website at http://www.sam.gov. Once you have completed the ORCA requirements, you are no longer required to submit 52.212-3, Offeror Representations and Certificates with your offer. The Contracting Officer will verify registration in the ORCA database prior to award by entering the potential awardee's DUNS number into the ORCA database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Prospective respondents are also cautioned against discussing the preparation of their quotation (or any technical questions) with Government technical personnel. The circumstance of such contract, when verified, may result in NON-CONSIDERATION of the quotation.

A pre-quote meeting and site visit will be conducted on Thursday, January 7, 2016 at 9:00 a.m. PST. Although not mandatory, all quoters are encouraged to attend. No other site visits will be scheduled. (see attached site visit memo) Quotations shall be received on or before the deadline of January 22, 2016 at 3:00pm PST. Quotes shall be submitted to the following address:

EMAIL: mguidry@bop.gov

MAILED:

Federal Bureau of Prisons FCI Sheridan 27072 Ballston Rd.

Sheridan, OR 97378 Attn: Martin Guidry, Contract Specialist

Quotes may be e-mailed or mailed. The quotes must be to the attention of the Contracting Officer at the address listed above. Quotes must be received on or before the deadline of January 22, 2016 at 3:00 PM PST. Quotes received after the deadline will be handled in accordance with FAR 52.212-1 (f).

Award will be made to the responsible offeror, whose offer, conforming to the solicitation, will be most advantageous to the Government, considering price and price-related factors such as past performance.

Please submit any questions you may have to mguidry@bop.gov I will consider all questions received and provide the responses on this website.

Sincerely, ///signed///

Martin Guidry, Contract Specialist Federal Bureau of Prisons FCI Sheridan

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFQP06121600001A

SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

12/17/2015

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

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

6D1B

CODE BSHE

Federal Bureau of Prisons FCI Sheridan 27072 SW Ballston Rd

FINANCIAL MANAGEMENT

SHERIDAN, OR 97378

Martin Guidry

(O) 503-843-6404

(F) 503-843-6666 mguidry@bop.gov

7. ISSUED BY

Federal Bureau of Prisons FCI Sheridan 27072 SW Ballston Rd

FINANCIAL MANAGEMENT

SHERIDAN, OR 97378

Martin Guidry

(O) 503-843-6404

(F) 503-843-6666 mguidry@bop.gov

8. ADDRESS OFFER TO

9. FOR INFORMATION CALL: a. NAME

Martin Guidry

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

503-843-6404

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)

PROJECT TITLE: REPLACE FOOD SERVICE FLOOR

The selected contractor shall provide all labor, materials, and equipment necessary to remove existing flooring and install approx. 5500 sq. ft. of a Seamless Cementitious Urethane flooring system in accordance with the attached Statement of Work. The food service floor is located at the Federal Detention Center in Sheridan, Oregon.

*INCLUDE THE FOLLOWING INFORMATION*

Tax ID#: ________________________

DUNS#: _________________________

EMAIL ADDRESS:__________________

CAGE CODE:______________________

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving10 84 award, X notice to proceed. This performance period is X mandatory 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).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

01 15:00a.

01/22/2016

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

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

90d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS

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

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

RFQP06121600001A Page 1 of 25

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ___________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY BSHE

Federal Bureau of Prisons FCI Sheridan 27072 SW Ballston Rd

FINANCIAL MANAGEMENT

SHERIDAN, OR 97378

Martin Guidry

(O) 503-843-6404

(F) 503-843-6666 mguidry@bop.gov

Federal Bureau of Prisons FCI Sheridan

PO BOX 8000

SHERIDAN, OR 97378

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

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

Martin Guidry

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

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

BY

12/17/2015 31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

RFQP06121600001A Page 2 of 25

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule 3 Special Contract Requirements

FAO-0001 Bonds FAO-0002 Magnitude FAO-0003 Size Standard FAO-0004 Liquidated Damages FAO-0005 Required Insurance FAO-0006 Inspection of Work FAO-0007 Pre-Construction Conference FAO-0008 Material Approval Submittal FAO-0009 Preparation of Progress Schedules and Reports FAO-0010 Work Hours FAO-0011 Contraband FAO-0012 Explosives FAO-0013 Parking and Temporary Office FAO-0015 Inspecting The Site FAO-0016 Payment Services FAO-0017 Request for Final Inspection FAO-0018 Drawings FAO-0019 Contract Security (3000-03 Human Resources Management Manual) FAO-0020 Assignment of Contract Administration Office and Functions FAO-0014 Contract Closeout Procedures (for construction contracts $150,000 or less)

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

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

2004) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages--Construction(Sept 2000) 52.225-9 Buy American Act - Construction Materials (Sep 2010) 52.236-14 Availability and Use of Utility Services (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) FAO-0021 Changes FAO-0022 Changes - - Supplement 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (May 2012)

5 Attachments 6 Solicitation Provisions

52.216-1 Type of Contract (Apr 1984) 52.222-5 Davis-Bacon Act -- Secondary Site of the Work (July 2005) 52.225-10 Notice of Buy American Act Requirement--Construction Materials (Feb 2009) 52.228-1 Bid Guarantee (Sept 1996) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) FAO-0025 Equitable Adjustments: Waiver and Release of Claims 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995)

7 Representations and Certifications 52.204-8 Annual Representations and Certifications (May 2012) FAO-0023 Contractor's Certification FAO-0026 List of References and Bank Information

RFQP06121600001A Page 3 of 25

RFQP06121600001A Page 4 of 25

Section 2 - Commodity or Services Schedule

This project will be constructed in accordance with the specifications, drawings, and contractors must furnish the appropriate bid, and performance and payment bonds. The specifications, drawings, and bond forms can be located in Section 5 - Attachments

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Vendor to provide all labor, materials, and equipment necessary to remove existing flooring and install approx. 5500 sq. ft. of a Seamless Cementitious Urethane Slurry with silica sand broadcast flooring system in accordance with the attached

Statement of Work and Specifications. Food Service Floor at FDC Sheridan, Oregon

1.000000 JB $____________ $___________________

The successful contractor shall be responsible for all applicable federal, state, and local taxes. No tax exemption certification will be issued by the Federal Bureau of Prisons. THE TOTAL PRICE SHALL BE WRITTEN ON LINE ITEM 17 OF THE STANDARD FORM 1442.

RFQP06121600001A Page 5 of 25

Section 3 - Special Contract Requirements

Clauses By Full Text

FAO-0001 Bonds

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

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

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

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

( c ) For construction contracts greater than $30,000 but not greater than $150,000, the Contracting Officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives (FAR 28.102-1(b)(1):

(1) A Payment Bond;

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

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

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

(d) Individual Sureties.

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

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

FAO-0002 Magnitude

The magnitude of this project is between $25,000.00 and $100,000.00.

RFQP06121600001A Page 6 of 25

FAO-0003 Size Standard

The small business size standard is $15,000,000.00. The North American Industrial Classification System (NAICS) code for this ac-quisition is 238330.

FAO-0004 Liquidated Damages

Liquidated damages in the amount of $715.13 shall be assessed for each day of delay after 84 days of performance (see Clause 52.211-12, Liquidated Damages - Construction).

FAO-0005 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

(1) 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 liability 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 liability.

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

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

FAO-0006 Inspection of Work

This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. In the event it is determined necessary to designate a Contract Monitor (CM) for this contract, such designation shall be by a separate letter to the individual selected with a copy furnished to the contractor.

FAO-0007 Pre-Construction Conference

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

RFQP06121600001A Page 7 of 25

FAO-0008 Material Approval Submittal

[EMPTY CLAUSE TEXT]

FAO-0009 Preparation of Progress Schedules and Reports

[EMPTY CLAUSE TEXT]

FAO-0010 Work Hours

a. All work is to be completed between the hours of 6:30 AM -3:30 PM, Monday - Friday, excluding weekends and federal holidays.

b. Any work required to be completed at any other time than noted above must be scheduled five (5) working days prior to the start of the work and approved in writing by the Contracting Officer.

c. No work will be conducted on weekends, or federal holidays unless submitted in writing to the Contracting Office Representative (COR) five (5) working days prior to the start of the work.

FAO-0011 Contraband

[EMPTY CLAUSE TEXT]

FAO-0012 Explosives

The use of explosives is absolutely forbidden without written authorization from the Contracting Officer. Requests for use of explosives should be made to the Contract Monitor and Contracting Officer in writing with an explaination why the con-tractor is requesting to use them.

FAO-0013 Parking and Temporary Office

[EMPTY CLAUSE TEXT]

FAO-0015 Inspecting The Site

The site is located at:

FCI Sheridan 27072 Ballston Road Sheridan, OR 97378 As you are aware, this is federal prison property, patrolled by armed Correctional Officers 24 hours a day. You must have authoriza-tion to be on federal prison property from the Contracting Officer and Contract Montior.

FAO-0016 Payment Services

(a) Original application for payment shall be prepared on AlA (American Institute of Architects) Form G-702 "Application and Certi-ficate for Payment" and submitted to the Contracting Officer. The contractor may use another form; however, it shall contain similar information as the AlA Form G-702. The Contracting Officer will approve the amount of payment by signing and forwarding the ap-plication 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.

FAO-0017 Request for Final Inspection

The Contractor shall give the Contracting Officer's Representative (COR) a minimum often (10) working days advanced written no-tice of the date on which the work will be fully completed and ready for the Government's final inspection.

FAO-0018 Drawings

RFQP06121600001A Page 8 of 25

[EMPTY CLAUSE TEXT]

FAO-0019 Contract Security (3000-03 Human Resources Management Manual)

The following security measures will be applied to all contract employees who will be working under the terms of the contract:

National Crime Information Center (NCIC) Check Name Check Fingerprint Check (FD-258) Completed OF-306, Declaration for Federal Employment, and Appropriate Resume or Optional Application Completion of the Contract Pre-employment Form Release of Information **A form package will be issued by the Administrative Contracting Officer or Contract Monitor at FCI Sheridan. A package shall be submitted to FCI Sheridan to obtain clearance for each contract employee (to include sub-contractors). Upon clearance being obtained the contractor will be notified. Should a contract employee NOT be cleared to enter the facility for this project the contractor will be notified immediately. The contractor will be responsible to submit another contract employee as soon as possible for clearance. Be ad-vised, the Federal Bureau of Prisons cannot disclose why an individual does not pass the security clearance process, as it is a violation of law.**

FAO-0020 Assignment of Contract Administration Office and Functions

Pursuant to FAR 42.201 and 42.202, the assigned Contract Administration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perform all of the contract administration functions listed in FAR 42.302(a) and 42.302(b) to the extent that those functions apply to the contract.

FAO-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 (AIA Document G707), if the 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.

AIA 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).

The Contractor shall also submit the following documentation:

AIA G706 Payment of Debts and Claims AIA G706A Release of Liens

RFQP06121600001A Page 9 of 25

Section 4 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.202-1 Definitions (Jan 2012)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

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

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

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

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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7 Central Contractor Registration (Feb 2012)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012)

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

Proposed for Debarment (Dec 2010)

52.215-2 Audit and Records--Negotiation (Oct 2010)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.219-8 Utilization of Small Business Concerns (Jan 2011)

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2012)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (June 2003)

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

RFQP06121600001A Page 10 of 25

Clause Title

52.222-6 Davis Bacon Act (July 2005)

52.222-7 Withholding of Funds (Feb 1988)

52.222-8 Payrolls and Basic Records (June 2010)

52.222-9 Apprentices and Trainees (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (July 2005)

52.222-12 Contract Termination-Debarment (Feb 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (Feb 1988)

52.222-20 Walsh-Healy Public Contracts Act (Oct 2010)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-37 Employment Reports Veterans (Sep 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification ((Jan 2009)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-4 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)

52.228-11 Pledges of Assets (Jan 2012)

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

52.228-14 Irrevocable Letter of Credit (Dec 1999)

RFQP06121600001A Page 11 of 25

52.228-15 Performance and Payment Bonds--Construction (Oct 2010)

52.229-3 Federal, State and Local Taxes (Apr 2003)

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

52.232-17 Interest (Oct 2010)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-27 Prompt Payment for Construction Contracts (Oct 2008)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

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

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)

52.236-5 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 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997)- Alternate II (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (June 2007)

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Alt I Warranty of Construction (Mar 1994)- Alternate I (Apr 1984)

52.248-3 Value Engineering--Construction (Oct 2010)

RFQP06121600001A Page 12 of 25

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996)

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

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

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

(a)Grant Gratreak , , FCI Sheridan,503-843-6345, is hereby designated as the Contract Monitor (CM) under this contract.

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

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

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

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

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

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

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Se-curity Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

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

2. Short-Term Contractor Personnel:

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

RFQP06121600001A Page 13 of 25 quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

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

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

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

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

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

[End of Clause]

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

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

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

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

[End of Clause]

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 84 calen-dar days after receipt of the notice to proceed.* The time stated for completion shall include final cleanup of the premises.

RFQP06121600001A Page 14 of 25

(End of clause)

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

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 715.13 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is com-pleted. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.225-9 Buy American Act - Construction Materials (Sep 2010)

(a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"-

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are dis-crete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and dis-tinct construction material regardless of when or how the individual parts or components of those systems are delivered to the con-struction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means-

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transporta-tion costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its compon-ents. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material.

In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or compon-ents listed by the Government as follows:

NONE.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or incon-

RFQP06121600001A Page 15 of 25 sistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include ad-equate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign con-struction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is non-compliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISION

Construction Materials Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material ____________ _______ ___________ Domestic construction material ____________ _______ ___________ Item 2:

Foreign construction material ____________ _______ ___________ Domestic construction material ____________ _______ ___________ (List name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)

(Include other applicable supporting information.)

(*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued.)

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

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and sup-plies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Govern-ment, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the pur-pose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

ADDENDUM:

The following utilities will be provided to the contractor:

RFQP06121600001A Page 16 of 25

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

2. The FBOP will provide restroom services for contract employees.

3. All other utilities must provided by the contractor.

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.