Sol_140G0219Q0009.pdf

140G0219Q0009

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/06/2018 0040418804

1 38

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

02/08/2019

USGS Geologic Hazards Team

MS 966

Box 25046 Denver Federal Center

Denver

CO 80225

303 236-9337Camille Metherd

12/05/2018 1430 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 01/07/2019 to 02/08/2019

00010 San Jan Magnetic Observatory Backup Generator and 1 EA Installation per the attached statement of work

Delivery: 02/08/2019

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Req 40418804

Table of Contents

Table of Contents Work Statement 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

52.203.19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-20 Predecessor of Offeror. (JUL 2016) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-11 Ozone-Depleting Substances. (JUN 2016) 52.225-9 Buy American - Construction Materials. (MAY 2014) Alternative Payment Protections 52.252-6 Authorized Deviations in Clauses. (APR 1984) 52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997) 1452.204-70 Release of Claims (JUL 1996) 1452.228-70 Liability Insurance (JUL 1996) GS0340 Environmentally Preferable Building Products and Materials (MAY 2008) GS0342 Hazardous Material Identification (MAR 2008) GS0343 Energy Efficient Products (MAR 2008) GS0346 Construction Waste Management (MAR 2008) GS0347 Indoor Air Quality During Construction (MAR 2008) GS0348 Environmental Requirements - Selected Construction Materials (MAR 2008) GS1125 Schedule of Prices (Construction). (JUL 2001) GS1126 Invoicing and Performance Statements (Construction). (JUL 2001) GS1326 Indemnity. (JUL 2001) GS1329 Interpretation of Contract Requirements. (JUL 2001) GS1338 Notice to the Government of Delays. (JUL 2001) GS1346 Compliance With Occupational Safety and Health Act – Government-Owned Facilities/Equipment. (APR 2003) GS1348 Accident Reporting. (APR 2003) GS1354 List of Subcontractors (Construction). (JUL 2001) GS1366 Nondiscrimination Notice to U.S. Department of the Interior Contractors, Subcontractors, and Lessors. (JAN 2000) Green Acquisition (MAR 2016) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) GS1131-Deobligation of Unexpended Funds 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-8 Annual Representations and Certifications. (OCT 2018) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) 52.212-2 Evaluation - Commercial Items. (OCT 2014) Quotation Preparation Quotation Submission

This solicitation will utilize the policies contained in the Federal Acquisition Regulations (FAR) Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures, as appropriate for this acquisition.

All vendors must quote Authentic, Manufacturer certified/warranted products in original, intact manufacturer's packaging, no "Gray Market", counterfeit or resale items will be considered.

Award will be made to that offeror whose offer, conforming to the solicitation, is the Best Value technically acceptable offer. The quote with the lowest price will be reviewed first and if that quote is found to be technically unacceptable, the next lowest quote will be reviewed etc. A technically acceptable offer will meet or exceed all specifications.

Work Statement

San Juan Magnetic Observatory New Backup Generator Installation

Fig. 1: Existing Generator

1) Project Background

The San Juan Geomagnetic Observatory (SJG) is one of the more important observatories in the Geomagnetism Program, providing critical data collection for NOAA and the Air Force Weather Agency. The Geomagnetism Program has operated an observatory at Puerto Rico since 1903. The current observatory site, consisting of 36 acres in the mountains near Cayey, has been in use since 1965. This statement of work concerns the removal of a 15-year-old generator (Fig.1) and the installation of a new one. The existing generator has suffered wear and tear while been being utilized over long periods on a 24/7 basis due to two hurricanes. The system ran close to 90 days straight, with little to no relief. Repair of the system occurred frequently within this time span. Note: There is also an Emergency Ambulance team (911 crew) located onsite in the 911 building. They will be occupying this building most of the time and will be affected by any power outages that occur during this project. They will need to be notified 24 hours in advance in cases where power needs to be shut down.

Project Location

USGS San Juan Magnetic Observatory Bo. Montellano Marginal St.

KM 58.2

Cayey, PR 00736

2) USGS Points of Contact (POC)

Contracting Officer (CO): Camille Metherd 303-236-9337 Cmetherd@usgs.gov

Facility Manager (FM): TBD

Site Rep: TBD

3) Description of Work

This project will be conducted at a magnetic data collection observatory and it will remain operational throughout the performance of this contract. In areas where work is required and the USGS must maintain data collection activities, work shall be conducted without disruption to the USGS’s data collection activities as much as possible, and in close coordination with the USGS Facility Manager.

Tasks

The contractor shall:

1. Remove Existing Backup Generator and/or Concrete Pad:

a. Disconnect main power source.

(Observe all Electrical Safety Requirements)

b. Remove the 2004 Olympian Power Generator, Diesel tank and housing from its existing location. (Fig. 2 and 3)

(Recycle/resale of the old generator. Any monetary gain that is acquired due to the recycling of the generator, will be adjusted for through the contract and in coordination with the CO.)

c. Determine if existing concrete pad can withstand the new generator’s load and size. If not, coordinate with FM and CO on construction of new pad.

d. Install new pad if required.

2. Installation of a New Backup Diesel Generator:

Existing Generator Specs (For reference only):

a. 120/240 volts, 229 amperes, single phase, 55 kW, 55 kVA, 1.0 power factor.

b. Support 14 buildings for a minimum of 5 days.

a. Complete an analysis of the Backup System’s needs to determine the New Generator specs.

b. Provide the new generator and support frame.

c. Install backup generator support frame. (See Existing Fig.1)

i. The new support frame should be able to withstand local weather and environmental conditions.

ii. Ensure rain water runoff sheds off and away from the Generator.

iii. The type of support frame-to-pad connection should account for vibration fatigue created by new generator system.

d. Install diesel tank onto support frame above engine.

i. Diesel tank size should be estimated to provide a minimum of

5 days of fuel.

ii. Install spilled fuel containment according to local requirements.

iii. Ensure float indicator for fuel levels are visible.

iv. Ensure ease of access for refueling and maintenance.

v. Provide initial tank of diesel fuel to test and support system.

e. Install a new generator onto support frame.

i. Ensure rain water runoff sheds off and away from generator system.

ii. Ensure orientation of exhaust is such that prevailing winds do not carry gas fumes toward occupied structures. (Ref: NFPA 37)

iii. Ensure all hazardous electrical elements are secured and identified with clear hazardous signage (English and Spanish).

f. Connect diesel tank to the generator.

i. Ensure all connections are functional and meet with standards.

ii. Ensure effort is taken to reduce moisture, dirt and other contaminate buildup on fuel system components before installation.

g. Reconnect Generator to power system.

i. Install circuit breaker (Existing breaker is a 250-amp ABB

S4N).

ii. Install new 20-amp GFCI electrical outlet for outside service.

Ensure outlet has a cover that can handle storm-like conditions.

iii. Establish a single-point easy-access terminal disconnect (Emergency disconnect) between the generator-ATS locations and the site.

3. Test generator, automatic transfer switches (ATS), circuit breakers and diesel tank operations to ensure functionality to within acceptable code requirements. (Fig 4)

i. Contact CO and Facility Manager for operational problems and any suggested alternatives.

ii. Replace ATS’s to accommodate new system.

4. Provide copies of all warranties, keys, and manuals needed to operate and maintain the system.

4) Hours of Operation

All work conducted on-site shall be coordinated through the Site Representative and Facility Manager. A USGS representative will be onsite during certain times of the week, otherwise if you need help you can contact him by phone. All construction work shall occur between the hours of 7:00 AM and 6:00 PM. The Contractor shall not work Saturdays, Sundays, legal holidays, or non-normal working hours, unless otherwise authorized by the Contracting Officer's (CO). The contractor shall take special consideration to minimize any noise or other effects this work may have on the 911 Building tenants.

5) Organization at the site:

1. Contractor shall coordinate with USGS Site Representative and FM on any required utility outages a minimum of 72 hours in advance.

2. Contractor shall take all necessary precautions to prevent fires or injury to the public, building occupant(s), or damage to property during the performance of this contract.

3. Contractor shall furnish and install appropriate construction signs, caution tap and/or barricades around hazardous work areas.

4. Contractor shall thoroughly clean the work area at the end of each work day to ensure that tenants and employees of the site are not exposed to any unsafe conditions. Any additional steps taken during and after daily construction, to ensure safety, shall be considered by the contractor and his or her employees.

5. All construction debris and rubbish shall be removed from the site daily and disposed of properly according to local, government and federal guidelines.

6. The contractor shall be responsible, at all times, for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work at the project’s beginning and shall be maintained throughout the period of performance. At all times, the work under this contract shall be carried out in such a way that there is minimum interference with Government activities.

7. Gate codes shall be assigned to a specific supervisory lead, for contractor access to the site.

8. Any unusual activity or persons shall be brought to the attention of any onsite representative.

9. Limited parking space is available on site. The USGS shall designate a parking area (or areas) for the contractor to park vehicles. Vehicles shall be limited to only those vehicles established for contractor operations and supervisor use. At no time should vehicles drive beyond the paved surface of the parking area, unless approved by the USGS Facility Manager or Onsite Representative.

10. There is an active 911 emergency facility onsite. Therefore, egress and ingress routes need to remain clear, at all times, to allow for emergency response.

11. The USGS Facility Manager shall designate areas where the contractor can store or place materials and equipment for short-term storage in preparation for installation. There is no inside storage space available. Storage and security of materials and equipment as required for the performance of the contract is the responsibility of the contractor. The contractor shall be responsible for the cleanliness of these areas and their temporary facilities.

12. The contractor shall be responsible for making all arrangements for the receipt of materials and supplies at the job site. Government personnel are not permitted to receive or sign for items delivered to the site.

13. Upon completion of the contract, the contractor shall remove all equipment and excess materials, and shall restore the site to its original condition, as approved by the CO or FM. No additional cost to the government shall be incurred with site restoration.

6) Schedule

The contractor shall (a) commence work under this contract once given the Notice to Proceed by the Contracting Officer, (b) prosecute the work diligently, and (c) complete the work no later than 30 business days from the Notice to Proceed. The items needed to identify the completion of the project shall include final reclamation and cleanup of premises, punch list completion, Quality Assurance (QA) management and the final product acceptance.

7) Pre-Construction Meeting

A pre-construction meeting with USGS FM, CO, and/or Site Rep shall be held to discuss time lines, technical and contract questions, and concerns regarding the project as a whole. The pre-construction meeting shall be held directly after the Notice to Proceed (NTP) is given. Date and time shall be determined by all parties involved. Additional meetings will be scheduled, as deemed necessary, by the contractor and/or USGS officials.

8) Quality Assurance

1. All materials and workmanship shall be subject to the inspection and approval of the USGS CO or USGS FM. All work unsatisfactorily performed shall be promptly corrected and made acceptable to the Government at no extra cost.

2. The USGS CO or USGS Facility Manager shall perform final inspection and acceptance with the contractor upon completion of job performance.

3. Any instructions, specifications or warranties that will be needed to manage the project’s final product shall be submitted to the USGS CO and FM, before submittal of final payment.

Other Deliverables:

• Operation and Maintenance Manuals

• Certification of Owner Training

• Contractor Product Guarantee and Warranty

9) MATERIALS

The contractor shall furnish all supplies, materials and equipment necessary for performance and completion of the work included in this contract unless otherwise specified. Materials and supplies to be used shall be locally and commercially available products of reputable manufacturers or suppliers and shall be of a quality that will conform to applicable Federal Specifications and Standards and which will be acceptable to USGS Officials. Research shall be done to ensure that backup equipment, parts and suppliers, for the generator, shall be available for future use.

10) SPECIFICATIONS

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. Any changes affecting the scope of the work shall originate from and be approved by the Contracting Officer in writing.

11) SCHEDULING CONTRACT WORK

The contractor shall make necessary arrangements with the Facility Manager to perform the work and shall arrange and schedule the work so that the minimum amount of interference with government activities will result. The government reserves the right to change schedule if need arises.

12) CONDITIONS AFFECTING THE WORK

It will be the responsibility of the contractor to inspect the site, determine quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions, including other work, if any, being performed. Failure to do so will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government. Contractor is required to have a CURRENT contractor license issued by the Government of Puerto Rico.

13) LICENSES-PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State, and Municipal laws, codes and regulations in connection with the execution of the work.

14) INDEMNITY

The contractor shall confine all work on Government premises to areas authorized or approved by the Contracting Officer or Facility Manager. The contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of the contractor.

Figure 2: Site Buildings

Figure 3: Generator Location

Figure 4: Automatic Transfer Switches

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):

http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.211-13 Time Extensions. (Sept 2000)

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

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-10 Waste Reduction Program. (MAY 2011)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

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

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-27 Prompt payment for construction contracts. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

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 Accident Prevention. (NOV 1991)

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

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.203.19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21 prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-20 Predecessor of Offeror. (JUL 2016)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: [(or mark "Unknown")].

Predecessor legal name: [(Do not use a "doing business as" name)].

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after order to proceed. The time stated for completion shall include final cleanup of the premises.

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.223-11 Ozone-Depleting Substances. (JUN 2016)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

52.225-9 Buy American - Construction Materials. (MAY 2014)

(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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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 discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 components listed by the Government as follows:

(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 statute 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 statute to a particular construction material would be impracticable or inconsistent 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 statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate 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 statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity Price

(Dollars)*

Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

Alternative Payment Protections.

(a) The Contractor shall submit one of the following payment protections: Payment bond or Letter of Credit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

52.252-6 Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any 48 CFR, Chapter 14, Department of the Interior Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

This will be given at time of award.

(e) Only the Contracting Officer may designate a new Technical Liaison.

1452.204-70 Release of Claims (JUL 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person*

$1,000,000.00 each occurrence*

$20,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

GS0340 Environmentally Preferable Building Products and Materials (MAY 2008)

(a) The contractor shall use environmentally preferable products and materials where economically feasible. Environmentally preferable products have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose.

(b) Refer to EPA's environmentally preferable products web site, www.epa.gov/opptintr/epp. In general, environmentally preferable products and materials do one or more of the following -

(1) Contain recycled material, are biobased, or have other positive environmental attributes;

(2) Minimize the consumption of resources, energy, or water;

(3) Prevent the creation of solid waste, air pollution, or water pollution;

(4) Promote the use of non-toxic substances and avoid toxic materials or processes.

(c) See FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, for related bio-based product requirements.

(d) See FAR 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts, for related recycled content requirements.

(e) If this contract includes janitorial services, the contractor specifically must -

(1) use the following recycled content products - towels, tissue products, and plastic trash can liners, and

(2) use biobased and/or environmentally preferable cleaning products.

GS0342 Hazardous Material Identification (MAR 2008)

(a) In accordance with clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, the contractor shall provide Materials Safety Data Sheets (MSDS) for the following products prior to their use under this contract: adhesives, caulking, sealants, insulating materials, fireproofing or fire-stopping materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides.

(b) The Government reserves the right to review such products at any time. The Contracting Officer may eliminate from permitted use under this contract products with significant quantities of toxic, flammable, corrosive or carcinogenic material and products with potential for harmful chemical emissions.

GS0343 Energy…